Link/kearns claimform - old barclaycard debt - N244 to lift stay received

[robinjw]

The doc I received was from the CCBC stating Small Claims Mediation Team has arranged for the case it to be transferred to my local court. however, no appointment was given.

 

The 'file will be referred to a procedural judge' who will allocate the claim to track and give management directions' ( whatever that means!) It says if Ive not been sent an appointment then "none was able to be arranged."

 

It just says to await the judges directions, which have not been sent yet. 

 

My local court address is included. This is why its so confusing.

 

The 'solicitors' keep stating Ive received it and ignored it, which is nonsense.

[dx100uk]

aha this is what I am eluding too

 

there is NO mediation taking place then.

you must have answered NO to mediation on the N180

or

the fleecers did on their.

 

so thus mediation has bounced it back to Northants bulk

and northants bulk have allocated it to your selected local court 

that court will now write to you with a hearing time

and dates whereby you both must exchange WS's I will assume.

[robinjw]

Hi, no, I definitely made sure to tick the yes to mediation box as directed by you guys here, and it has been mentioned by those chasing the alleged  debt as a route to get me to contact them prior to any court case.

Sorry but whats WS's?

[dx100uk]

I thought you'd been researching on cag??

Witness statement

 

Let things run

Await the N157

[dx100uk]

have link or their dogs been sending you emails?

 

dx

 

[robinjw]

Emails, calls, and letters since they got hold of my details via the court docs. Ive blocked all, but letters always arrive with thick wad of their 'proof' that Im a liar etc.  I hope I can use these threats back at them when the next phase starts. Of course their charges go up each time too for sending some photocopied garbage.

[dx100uk]

the court should not be fwding on any court docs on with your other pers details and don't.

the n180 - you sent them a copy,  you did hide you email/sig/phone on kearns copy?

[robinjw]

Yes I deliberately did leave that off of their copy.

 

The 'solicitors' stated on subsequent paperwork that they had sight of the court copy, hence the harassment began again.

Specifically via email and calls, (blocked) and also letters.

 

Now they mention forum posts in every communication too.

Id have to check, but I think they also stated that's where they got my contacts from.

 

I can assure you I have not given them any contact details because I know they can be relentless.

Until the last judge removed the stay and I answered it they were only sending letters and the usual round of numbers they ring from- my phone auto flags them as potential spam ( a truly 'smart' phone!).

 

Is it illegal for them to do that - would the court have made a mistake in allowing contacts to be seen perhaps?

[dx100uk]

well make a specific log of all of it 

 

inc blocked calls. even though you obv didn't answer them

time date of each and scan of the letter / email it refs.too

 

there would only have been the n180 with your details and I wouldn't trust anything they say implicating the court

or here

as you know, there is nowhere your details are available from here and they most certainly don't have a spy in the admin camp I can assure you.

 

sadly nothing unusual for link and their cohorts. as pointed we know them well.

 

should you wish to fwd copies of where they mention this forum please do so via PM unless its what you already sent via PM here around nov 5

[dx100uk]

just ignore them 

just stick to what the court send to you.

 

its all done to intimidate, confuse and unsettle a defendant

 

its a trick all link/kearns staff learned early on from their MD , thats how he got £1m's out of people that most probably didn't even owe it in the first place.

 

so have you received an N157 from your local court yet?

 

 

[robinjw]

ok thank you. Ive not received anything from the court yet. I'll wait to respond when they do write. Im keeping copies of all the intimidation methods received.

[dx100uk]

you wont need to respond to the N157..

 

other than to

note the date of the hearing

thus 14 days before that date - the date for the exchange of witness statements unless another date is given

note the date the claimant has to pay the fee by - if they don't then the claim could be struck out.

 

[robinjw]

Ive looked at the N157 online and I have not received anything like that yet.

 

As they are so keen to bring a court case I cant imagine they won't pay the fee ( unless they think the case is dubious?) as they already changed their last solicitor and chased the judge to lift the stay.

They are very aggressive.

 

Would I only be notified from the court when all the dates have past and the next stage is set to continue or if it's been struck out then?

[dx100uk]

eh?

you'll get an N157 from the court, when they allocate it to one.

and I suspect this will be well into next year now.

 

 

[robinjw]

just a quick update,

I had a court letter stating that the claimant had to pay a court fee or file a completed application for help with fees, by May, for the case to continue, if they do that -then the case will be heard in June.

 

However it also states the case could still be struck out if this does not happen ( it was stayed previously).

If struck out it will be vacated unless a counterclaim survives the strike out.

 

So the wait continues.

Should I be doing anything in the meantime to prepare?

[AndyOrch]

Yes  start looking at examples of statements and evidence as per the notice of allocation directions....which you must complete by the date stated.

[robinjw]

where do i find details of witness statements, and how do I know which one might be the right one for me to use etc? There was nothing on the court paper saying I had to do anything or reply by any date. Bit confused now ??

[dx100uk]

page 2 should give the details of the date you must exchange witness statements by.?

 

use our custom google search after hitting the top squares logo for example you can adapt.

[robinjw]

Ive checked for a witness statement example as suggested above, but all I get is a lot of links to other folks issues.

Ive read through a couple but they are not similar to mine.

 

I have a huge amount of paperwork for this issue and Kearns have added massively to the original figure ( over £1200 at 8% interest pa.

 

It was originally stayed by previous judge then Kearns took over and got it lifted.

 

Where do I start with a witness statement?

[AndyOrch]

This Court letter you have received informing you of when the claimant had to pay the hearing fee.....It is the N157 and not just a General Order ?

[robinjw]

There is a bit nearly which is only just visible, as its half cut off the bottom, which says N157 small claims track (hearing).

[AndyOrch]

Excellent so it is the Notice of Allocation with directions telling you the dates to submit your statement and evidence.

I was just checking you had the correct notice.

 

Andy

 

 

 

 

[robinjw]

yes looks like it, thanks Andy, Can you please direct me to the right template to try to formulate the defense. I won't submit it until close to the due date, but I like to sort stuff out in advance so I know what Im doing.

many thanks

[AndyOrch]

There are no templates of witness statement...its your statement in your words particularised to support your defence using any docs as evidence....so each statement on CAG is unique to the individual claim/thread....but there are plenty to view so you can see the layout and how it should be formatted.

[robinjw]

Where do I start though?

I have no idea how to formulate it based on the inch thick pile of documents i have.

 

Since the case was stayed and then resurrected with a new 'solicitor'- is that relevant at all?

Is it relevant that it was almost statute barred and I received bad advice from Step change re continuing?

What about the interest they say is accruing at 8% pa- do I add anything about that?

What is my basic defense start point?

What legal bits am I supposed to quote?

 

Looking through the paperwork I have I cant find anything that states they have been assigned the debt from Barclays, shouldn't I have something about that? 

 

I have photocopies of the signed credit agreement.

Most of the paperwork I have is copies sent more than once, plus stuff I have requested as per advice here.

I am very worried about this as it is such a large amount they are requesting.