HPH2/Cohen claimform - old Barclaycard debt***Claim dismissed***

[AndyOrch]

CPR 31.14 is a civil request so they are not compelled to respond......its the CCA request thats the killer...no compliance...no enforcement.

[Singaporesmoke]

So they have until 23 June (14 days prior) to send this or they wont appear?

 

Seems odd they haven't done so already and wasted £115. They will know the rules by now, or am I giving them too much credit.

[AndyOrch]

Not sure if they wont appear...normally the none receipt of their witness statement is a good indication whether they will attend any hearing...just make sure you submit your statement and disclosure on time then you have another fault to add to your request to strike out..none compliance with court directions.

[Singaporesmoke]

Thanks. I'll get to work on the submission and post back on here.

 

Appreciated.

[Singaporesmoke]

Hi. First draft.

 

 

Some cut n paste from other B/card statements and I have already seen a couple of amendments to make, but in principle, this is where I am with it.

 

 

Looking how to upload the PDF now. Thanks... be back soon with the doc

 

1st draft WS here

HPH2 witness statement_Redacted.pdf

[dx100uk]

ouch far far to much waffle.?

 

better to copy it as text here so it can be edited as well rather than an attached file.

 

dx

[AndyOrch]

Quite a good attempt at a witness statement IMHO...so okay hold it there for now...what date should you receive the claimants witness statement?...we have seen hearing fees paid before and no witness statement or disclosures ever materialising and then of course the claim discontinued or simply the claimant fails to show.

[Singaporesmoke]

Thanks DX & Andy. Happy to place a text copy too. The court date is 7 July and the requirement is 14 days prior for serving each other and the court, so 23rd by my math. Nothing received from HC/HPH2/Robbers since the "holding" note one month ago.

[AndyOrch]

Thanks...so we keep that date in mind and wait.....hold off submitting the witness statement until the death.

[Singaporesmoke]

Roger that. Have a cracking weekend chaps

[Singaporesmoke]

Morning. I spoke with the court. Today is the final day for submissions to court and the other party.

 

I'll send to court by 3.30pm and 4.45pm to HPH2 ltd.... unless you have another cunning plan.

 

Thanks.

[Singaporesmoke]

Duly submitted to both.

 

HPH2 witness statement received by email too. Looks a decent effort to me. Not convinced by the dates though - 1993. Need to work on that. Its a fiche copy so I imagine the original is not in existence. Do you want a redacted copy?

[dx100uk]

yes please one multipage pdf upload

[Singaporesmoke]

Here we go. PDF wouldn't redact so had to do it manually.

lowell WS.pdf

[dx100uk]

unless the DN was sent 1st class

that's another classic case of the faulty mercers DN syndrome.

 

and the usual 620000 set of T&C's

probably not relevant for the date of the DN or major change? of the agreement.

[Singaporesmoke]

Not convinced its my signature TBH. Several different addresses etc,

but my recollection,

and I'll try chase this down,

was that I had this account from the age of about 25,

which makes it a mid 80's issue.

[Singaporesmoke]

Hi. Started to make some notes that hopefully correlates to your views.

 

1. The Mercers DN. Does not have my home address on and is sent to a company that I am a director of. The DN is headlined as a default under s87(i) not 87(1) - is that still significant?. No assignment notice from B/c to Mercers.

 

2. Copy Agreement. Thats a fiche copy/scan copy. I doubt there is an original and as noted, dubious about the signature.

 

3. Copy statements. 3 of the 6 Have the same address and title "XX Ltd" as the DN.

The DN is dated 8 Aug 2011 yet statement 4 dated June shows a smaller balance due by £600ish.

The statement dated March 2013 shows a nil balance due.

Assignment to MKDP wasn't until Aug 2013.

 

That help?

[Singaporesmoke]

BTW, Mercers Debt Collection Limited has been (is being) liquidated. Source - The Gazette.

[dx100uk]

mercers are bc!!

[Singaporesmoke]

So I understand.

[dx100uk]

so forget the notice of assignment you mention above

[Singaporesmoke]

To manage my expectations, will CAG be posting its view on the docs sent by HPH2?

 

Absolutely no pressure, just need to get prepared for court date on 7th July.

 

Thanks.

[dx100uk]

mostly already in other Barclaycard claims that have gone this far

the 620000 T&C's are what they roll out for every court claim

they are from the hoist filing cabinet and just paste your name/AD on line one.

if they mean anything is very debatable.

and statements don't prove anything either.

 

 

page 6 the 1993 application form does appear to have any prescribed terms on it at all?

and no reference to where these are so makes the sig useless

 

 

and 7+8 T&C cant be to do with the application form

those would have been sent with a copy of the actual agreement for you to sign and return.

it would state bank copy stamped on it.

 

 

they are hoping to spoof the judge they meet CCa requirements

they don't.

no SIGNED agreement.

that app form does not count.

 

 

dx

[Singaporesmoke]

Thanks DX, as always, appreciated.

 

I shall be donating, regardless of outcome.

[AndyOrch]

If you could also post up page 1 of the claimants witness statement and also Im not sure if you have noticed but the figures have changed in the WS compared to the original particulars.

 

1. The claim is for the sum of £8489.40 in respect of monies owing under an agreement with the account no. 1234567890 pursuant to The consumer crediticon Act 1974.

The debt was legally assigned by MKDP LLP (ex Barclaycard) to the Claimant and notice has been served.

 

2.The defendant has failed to make contractual payments under the terms of the Agreement.

A default notice has been served upon the Defendant pursuant to s.87(1) CCA.

 

The Claimant claims.

1. £8449.40

2. Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from 22/05/13 to the date hereof 1324 days is the sum of £2463.57 Should be restricted to 12 months not 4 years

3. Future interest accruing at the daily rate of £1.86

4. Costs

 

What is the value of the claim? £11545.85

 

WS Figures

 

£10,952 original debt inc section 69 interest

£331.08 section 69

Commencement charge £592.88

 

Addition hearing fee £335.00 which is correct

 

Total £12,211,93

 

Point 2 of their WS states that the balance was £10.952.97 which includes section 69 interest ..yet in the final list they add it again a further £335.00