Jump to content


Link/Kearns Barclaycard Court Claim received.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 252 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Guys,

 

Need a bit of help, have been defending this claim for my partner, it was stayed for approx 14 months, restarted then stayed again because of covid and has re-started again. 

 

I am currently assisting with the witness statement and could do with help. Following will be the details requested

Link to post
Share on other sites
  • Andyorch changed the title to Link/Kearns Barclaycard Court Claim received.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Date 23/02/2018

 

Particulars of Claim

 

What is the reason they have issued the claim? 

The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxx and
opened effective from 06/03/2008. The agreement is regulated by the consumer credit Act 1974, was signed by the Defendant and
from which credit was extended to the Defendant.


2. The Defendant failed to make payment as required and by 27/09/2013 a default was recorded.

3.As at 03/09/2016 the Defendant owed Barclaycard plc the sum of £1565.
By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 30/09/2016 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter.

4. The Claimant claims-
1. £1645
2. Interest pursuant to Section 69 county courticon Act (1984) at
a rate of 8 % per Annum from 30/09/2016 to 23/02/2018 of £161
And thereafter at a daily rate of £0.33 to date of judgment or
sooner payment.

 

What is the total value of the claim? 1900
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  No
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes, twice
 

Did you inform the claimant of your change of address? Yes

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  credit card

 

When did you enter into the original agreement before or after April 2007 ? yes March 2008
 

Do you recall how you entered into the agreement...On line /In branch/By post ? it says online but it was actually in branch, says its egg but she is convinced she never had an egg card but did have a barclaycard
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? yes
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? No
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No
 

Why did you cease payments? Financial Issue
 

What was the date of your last payment? Sept 2013  File to upload no 1.pdf

 

Was there a dispute with the original creditor that remains unresolved? No 

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes

File_to_upload_no_1.pdf File to upload no 2.pdf

 

So a bit more history

 

Claim made Feb 2018 - CPR request send March, Letter back to say they didn't have the information April and would stay the claim

 

01 Aug 2019 pack received with Tomlin order.

Claim restarted 30 sept 2019.

Date confirmed April 2020, on hold because of covid.

Restarted, mediation call end of August. 

Link to post
Share on other sites

cheeky little ***.

 

referring to templated requests and Defence...

when all their documents they've produced that are relevant to the enforceability of this agreement are templated generics that are available here and from their own filing cabinet.!!!

 

none show the internet sign up nor the IP address used..etc

nor the name and address for the correct time and address for the T&C's.

 

as for ye ole 620,0000 T&C's , egg didn't use those, they were barclaycard only and are again a generic document of that time...NOTHING to do with EGG cards and CITI Finance whatsoever!!

 

 

 

 

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

So T&C's should have a time and address on them, there is no information about the IP address or signup confirmation, its just a list of details that would be entered. 

 

She is pretty sure she never applied for an egg card, but did apply and have a barclaycard at one point. Not sure if there is an easy way of confirming if the account is ex egg or barclaycard?

Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Cheers, just checked the BIN is 492910 which shows as barclaycard platinum,

 

now I previously had an egg card myself and I remember when it went over to barclaycard they didn't change the number of the card (pity I don't have it now to check). Not sure how I can prove otherwise anyway... Will mention it but haven't really got anything to support it 

 

They have only provided statements for approx 9 months (no transactions apart from default and small payments), no understanding of what the balance is made up of, no statements based on the 'egg' period of time, and nothing for the 3 years before they acquired the debt at a different level compared to the final statement that has been provided by barclaycard. 

Link to post
Share on other sites

If you could also upload a copy of your defence that will be of assistance on advising re witness statement.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi yes, apologies I forgot to add this. 

 

Defence:-
The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case
below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim
pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration
pursuant to 7.1 PAPDC.

2. The Claimant claims £1500 is owed under a regulated consumer credit account under reference xxxxxxxxx. I do not recall
the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and
section 78 request who are yet to fully comply.

3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in
breach of any defaulted payments.

4. Paragraph 3 is denied. The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A
of the CCA1974 has ever been served by the Claimant as alleged or at all.

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any
evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default
Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents
referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR
31.14 request and also my section 78 request and remain in default with regards to this request.

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

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to
contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Link to post
Share on other sites
  • 4 weeks later...

Hi Guys,

 

unfortunately this one was lost. Judge didn’t take any notice and said that the debt was admitted due to a payment 5 years ago via a debt management plan. Said that the fact the details were from egg rather than Barclaycard didn’t matter even though it was never an egg card. Ruled a judgement with costs. 
 

luck of the draw, just got a bad judge today. 

Link to post
Share on other sites

so what WS did you file to counter their claim?

but no you can't beat judge lottery..

 

dx

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
22 hours ago, u6cah said:

Hi Guys,

 

unfortunately this one was lost. Judge didn’t take any notice and said that the debt was admitted due to a payment 5 years ago via a debt management plan. Said that the fact the details were from egg rather than Barclaycard didn’t matter even though it was never an egg card. Ruled a judgement with costs. 
 

luck of the draw, just got a bad judge today. 

 

I bet he thinks the earth is flat also  :becky:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...