Hoist/cohen claimform - Ex Barclays card 'debt'

[Aliw04]

Sure. I will do that.

[Aliw04]

I rang the Northampton business center they informed me that case is now allocated to Brentford county court since 20-02-2017.

 

I rang brentford CC.

 

They said claim is still active and they will post me the status of claim in a weeks time.

[Aliw04]

Recent letters in pdf.

I hope it works

CCA return.pdf

[brassnecked]

27 Sep 27 Sep

27 Sep

-----------

LATE PAYMENT CHARGE 27 Sep £12.00

 

How many of these? if they are part of the amount on the claimform, it puts the sum being claimed in doubt, you could claim these from the OC.

[dx100uk]

where are the T&C's?

[Aliw04]

That’s the only statement they sent me which shows only 1 late payment charge. No details of transactions either.

 

Find below T&C

 

 

upload from external site attached here and properly redacted!! - dx

T&C- Barclays Card.pdf

[jon8214]

those T&Cs are from different years one part is 2005 and the other is 2012

 

so are toilet paper

[dx100uk]

oh look the usual blank 6620000 T&C's they get out of their filing cabinet and type someones name and address on [in a differing typeface I might add!]

its about time a judge sat up and had them on doing this boarding on falsify documents imho.

 

hoist/HPH2 etc have done this on almost all the old Barclaycard claimform threads here to date...as said BOGROLL!!

[Aliw04]

That’s true. Also at bottom of each TnC page the date it 17-93-2017. But wieard. Perhaps printer settings.

The figures on statements also don’t make sense. It looks like they just assumed figures and then put interest on top of it. The statements they presented did not back track the balance owed or any transactions to justify that balance. They just make few figures up but have no papers to proof their claimed amount.

[AndyOrch]

Pity you didn't submit our standard defence which puts them to strict proof...

 

 

Therefore the Claimant is to provide strict proof to:

 

(a) show how the Defendant has entered into a Agreement/ Contract; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed.

[Aliw04]

I don’t understand the case is already active then why they saying that they will follow their clients instructions to apply in court ? Can they go to court for sane case twice ?

[AndyOrch]

They mean request judgment in this claim......not submit a further claim....Wali:-)

[Aliw04]

What’s the best way for me to file defense?

What should I write

[dx100uk]

you cant its gone past that stage now

witness statement will be you next thing to do I expect

but you don't know the status of the case nor have heard of a hearing date yet have you?

[Aliw04]

No. Haven’t heard hearing date.

[Aliw04]

Year ago when court sent me a letter I requested cca and CPR from hoist.

In response they sent a letter saying they have stop all actions on the account until they comply with my request.

Now after 1 year these documents they have produced.

 

Since now I know what evidence they hold against me, I should be given opportunity to dispute and defend my position.

[dx100uk]

you will be in your witness statement.

 

what defence did you file?

[Aliw04]

When I sent the form back to court I put disputing whole claim.

[dx100uk]

well yes we know that

however, to properly advise you and to check that your WS is 'on track' with the defence you filed, at some stage [remembering we are now +1yrs down the line and 43 posts in..} we have yet to see it.

 

and did you get that PM I sent you?

[Aliw04]

Just responded to ur PM.

 

Unfortunately I couldn’t find the copy of defense form which I submitted to the court.

[dx100uk]

might be useful to find it.

[Aliw04]

Still couldn’t find it. Should’ve kept a copy. My stupidity.

Can I ring the court and ask them to send me copy of all correspondence regarding this case ?

[dx100uk]

did you send the form back or used mcol. website

 

please respond to my PM

[Aliw04]

I send form back via post.

[dx100uk]

oh well don't worry them.