Arrows Claimform for old providian credit card 'debt'

[The Mould]

I authorise you to send me a Priority Reserve Visa card with the terms stated in the enclosed Terms &Conditions (T&Cs). I have read and agree to be bound by the T & Cs.

 

Thank you beryl. The above may be problematic for you as you signed the application form.

 

 

Kind regards

 

 

The Mould

[BRIGADIER2JCS]

I agree Brigadier but the only thing that worries me is the recent High Court decision http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2009/3417.html

The bottom right hand side of the document posted show that this is not an approved application it clearly states " subject to credit approval", it does not provide any evidence that a card was issued and accepted.

[beryltheperil]

That's what I think too Brigadier plus, the date it was signed. As I already had an account which commenced in 2001, this may have (I'm starting to think that maybe I remember) been refused as I had signed a declaration that I wasn't already a cardholder!

 

Having said that though,

 

 

I do believe it all depends on the judge, on the day

 

 

so really hope it doesn't even get to court.

 

 

I just hope that this is all they have when they comply to my CPR/CCA request,

 

 

then hopefully,

 

 

after I point out my issues with it,

 

 

they wont proceed with the claim.

[BRIGADIER2JCS]

That's what I think too Brigadier plus, the date it was signed. As I already had an account which commenced in 2001, this may have (I'm starting to think that maybe I remember) been refused as I had signed a declaration that I wasn't already a cardholder!

 

 

I would also expect to see more Ts & Cs for this alleged account.

I recall that some years a ago there was possible fraud involving " declined" application forms being used to obtain cards.

 

 

The document should be rejected imo it proves nothing.

[The Mould]

Having said that though, I do believe it all depends on the judge, on the day so really hope it doesn't even get to court. I just hope that this is all they have when they comply to my CPR/CCA request, then hopefully, after I point out my issues with it, they wont proceed with the claim.

 

 

Err, beryl, legal proceedings are already afoot in the County Court. The Claimant has filed a claim against and it has been served on under seal of the Court.

If you do not file a Defence against the claim in time to the Court, the Claimant will be entitled to a default judgment against you.

Don’t wait for the Claimant, keep to the CPR time-scale on this matter and then wait until you hear from the Court as regards directions in this matter.

Standard disclosure stage has not taken place and so you do not have sight of the agreement upon which the Claimant relies.

Kind regards

The Mould

[beryltheperil]

Oh don't worry Mould,

 

 

I certainly will be filing my defence.

 

 

I just hope that when they see my defence states that this was a application form

that doesn't even relate to the account of 2001,

they dont have anything else and therefore won't want to proceed

[beryltheperil]

Hi all, a quick update: An extension to file defence has been agreed between the parties and I received this today in response to my cca request

[BRIGADIER2JCS]

Hi all, a quick update: An extension to file defence has been agreed between the parties and I received this today in response to my cca request

,

 

 

 

Standard response.

[Guest]

Hi all, a quick update: An extension to file defence has been agreed between the parties .......

 

 

and if you want to use the extension, then you must inform the court of it.

[beryltheperil]

Hi Guys,

 

A quick update.

 

The case was stayed

 

 

up until today no documents received.

 

I received a letter today stating that

 

'a copy of the original agreement between you and Providian under the affinity partner Monument,

which you signed on or about 6th June 2001'

 

They have enclosed the application which I posted to the site, above,

and although it is signed, it is dated 2002!

 

Surely they can't have missed this.

 

Any suggestions regarding my next move?

[dx100uk]

its their to try and unstay the claim.

 

 

can I just resit something

 

 

I know there has been mistakes from your memory and in posts here

 

 

but I cant see anything in the PoC of the claimform from arrows

nor in any docs since submitted by them to the court

that says 2001

 

 

where exactly, since they issued the claim have they stated it was 2001 to the court?

 

 

dx

[beryltheperil]

DX,

they haven't stated anywhere that it's 2001

 

 

I sent letters to all my creditors asking for the orginal credit agreement

and this is the only one that matches the amount owed but this was opened in 2001.

 

 

They sent me the application form which I uploaded on this thread which is dated 2002.

 

 

I know I made a mistake when I started this thread with the dates

the account was definitely opened in 2001 from docs I've got

 

 

yet they've sent this application dated 2002 and put in their most recent letter

that it is a credit agreement dated 6th July 2001

when it is clearly dated 2002

although the wording above is please reply by 29th June 2001

 

 

Hope this makes sense!

[beryltheperil]

I wrote to them in December threatening to apply for the claim to be struck out if I diidn't receive the credit agreement.

 

 

Should I reply now saying that what they have sent is not an agreement but rather an application?

 

 

I cant say anything about them getting the date wrong yet as they have not give enough details

to show that the account they are referring to was opened in 2001

although I could say that I recall applying for a credit card in 2002

but from memory my application was declined

and that I probably have related documentation somewhere to substantiate this...

...what do you think?

[dx100uk]

The case was stayed .......

........yet they've sent this application dated 2002 and put in their most recent letter

that it is a credit agreement dated 6th July 2001

when it is clearly dated 2002

although the wording above is please reply by 29th June 2001

 

 

doesn't matter what they sent you then

you have no need to reply

 

 

if/when they ever try and get the stay lifted

if/when they submit those docs to the court

you would use this discrepancy in your DQ or whatever.

 

 

what strikes me, putting the dates issue aside

is that the T&C don't match anyway, so another nail that cant be ignored.

 

 

dx

[beryltheperil]

Sorry DX,

 

 

I know I'm a bit thick where these things are concerned

so can you explain what you mean about the t&cs not matching please?

 

 

Would I have to attend court if they wanted to lift the stay?

 

 

The thought of it gives me a cold sweat!

[dx100uk]

post 27.

 

 

Also, in the data protection act box,

it refers to term 21 of the t&c's and the t&c's I was sent with this only go up to number 16

 

 

so obv not the correct T&C's

so that renders their claim they have complied to the CCA properly as false

 

 

fails the CCa test

 

 

dx

[beryltheperil]

Oh yes, forgot about that bit, thank you DX