Link barclaycard claim stayed since oct 2014 & kearns sols***Claim Discontinued***

[shamrocker]

Just to add..... Personally, what I fear they will do if you challenge the legibility of the document, is to then follow up with a recon version that passes as a legible copy of that they supplied initially - they will try to tell the court that this is perfectly acceptable, and a judge who has a bit of bias towards creditors will not need a second invitation in allowing it when it gets to court. You then have to go back and find an argument as to why the court shouldn't allow this for the purposes of enforcement. I think that by simply taking the current agreement at face value and pointing out the specific deficiencies within it, which renders it improperly executed, it will make life much more uncomfortable for the claimant. They can still supply a recon, but you're on the front foot in dealing with that then.

[b4nkers]

Thanks for your added input. All seems to make sense to me.

 

The inception copy they sent me is legible though the T&C's are just about legible in parts and not legible at all for some bits. Also difficulty to see how those T&C's were ones associated with the application-as there are no dates on them.

 

WS deadline is 1st September - as too for the claimant. So far nothing from them as yet though I suspect they will email me theirs just before 5pm on 1st Sept with paper copies in the post. Going to post mine tomorrow morning 1st class recorded delivery.

[dx100uk]

and a copy to the claimant sols but don't sign that one

theirs does not have to go recorded.

can be 2nd class as long as you get free proof of posting from the PO counter

[b4nkers]

Thanks DX - will do.

[b4nkers]

I've received a notice of Discontinuation from IDR Finance

 

 

(its within the 28 days of the hearing date so guess they will get a full refund of any hearing cost)

 

 

Just a quick question- my defence included a monetary counter claim - will this also come to an end unless I pursue this further?

Notice of discontinuation Sept 2016.pdf

Edited September 28, 2016 by b4nkers
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[dx100uk]

hoho ho

 

 

that was obvious from day one with Plink

after a sneaky default judgement

you called their bluff.

give it couple of days and ring the court to check it IS disc'd

 

 

yes your claim is now null

but you can go after the OC by a std reclaim mind.

 

 

ah no I see you mean:

4. The Defendant will seek from the Claimant damages, to be assessed by the Court and limited to a maximum value of £1,000.00 for the emotional strain and upset of having to deal with the account together with, if appropriate a declaration of irredeemable unenforceability.

 

 

that was highbridge was it not...silly idea.never gonna work

dx

[AndyOrch]

I've received a notice of Discontinuation from IDR Finance

 

 

(its within the 28 days of the hearing date so guess they will get a full refund of any hearing cost)

 

 

Just a quick question- my defence included a monetary counter claim - will this also come to an end unless I pursue this further?

 

Well done b4nkers..I will amend your thread accordingly........forget the counter claim...but yes it does cease unless you inform the court you wish to proceed.

 

Regards

 

Andy