Link Asset/kearns claimform - 1995 Barclaycard debt - was stayed - N244 granted - now N180

[MarkedCard01]

Attached are both sides to the Mercer DN. Just strange its on blank paper all part from the registered company in small print at the bottom

Attached is the Mercer Default Notice

 

2009-08-10 Mercers Default Notice.pdf

[dx100uk]

mercers cant issue default notices only barclaycard can, yep thats part of the 2009 era fake ones.

[MarkedCard01]

Hi Andy

Have you had a chance to look at my WS. I am looking to button down my defence and witness statements today if possible as I need to forward on to the court by Tuesday 4th July.

Having another look at my WS should I mention there is no valid DN as none have been included in Kearns bundle.

Thank you in advance

 

[dx100uk]

SCHEDULE 2

FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE

DEBTOR OR HIRER OF A REGULATED AGREEEMENT, TO TERMINATE THE AGREEMENT, DEMAND EARLIER PAYMENT OF ANY

SUM, RECOVER POSSESSION OF ANY GOODS OR LAND, TREAT ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE

AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED OR ENFORCE ANY SECURITY

 

Regulation 2(2)

 

Details of agreement

1

A description of the agreement sufficient to identify it.

 

Parties to agreement

2

(1) The name and a postal address of the creditor or owner.

(2) The name and postal address of the debtor or hirer.

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

3

[MarkedCard01]

I think I am in trouble with this claim.

I was just finalising my WS and Defence and going through Kearns bundle and thought the last 50 pages were just copies of statements, but the very last page is a photocopy of my application to barclaycard in 1995.

Does that constitute they have complied fully with my CPR31.14 request

Having had a little think about it and although not helpful, it is only the application form and not a copy of a CCA with any reference to me.

Should I continue with with my WS and Defence as is?

Thanks again for the help you guys are giving me

 

[dx100uk]

you've already filed your defence months ago.

you'll win hands down as an unsigned application form for a card taken out in 1995 is NOT a copy of the signed consumer credit agreement and they must produce that and the DN is faulty.

look at other barclaycard claimform threads here and their WS's.

dx

 

[MarkedCard01]

The photocopy is of a completed application with my details and signature. Does that affect my defence? 

[AndyOrch]

Running back to the start of your topic there was a question of the incorrect balance being claimed as you had made payments as part of a payment arrangement for a considerable length of time. 10 Years ?

I advised at the time to make a DSAR and asked again later if you had made that request with no response.

Now your defence and statement simply relies on the lack of a valid agreement and Default Notice ?

 

 

.

[dx100uk]

an application form signed or otherwise is not a credit agreement containing all the prescribed terms etc , nor proof it was ever returned. one page only...oppss! that is not the full monty either.

 

scan it up please remove sig, your address/name and card number only.

leave all dates times figures etc etc.

link have pulled this stunt 100's of times before here.

 

[MarkedCard01]

I am looking to check statements etc through my lunch break and have most things on-line or saved.

No sorry I didn’t send off a DSAR at the time, but the information in their bundle has lots of statements which do include the monthly payments I made up until 2019 and this ties in with my back statement.

Amount they are claiming seems to be right, but they have added interest, court cost and legal representative cost, so amount claimed now is around £490 more than the original figure. So I can’t see an obvious dispute on the amount they are claiming.

I will post a copy of the completed application form when I get home later, but it looks authentic with correct addresses, work place and my job title at the time

And Andy, yes it looks like I will be relying on no valid CCA or DN

 

Attached is a photocopy of the application form. It is genuine as I know my own hand writing and also all the additional information asked for is too varied form them to fake.

 

 

Attached is my current Witness Statement and Defence

I have highlight a line my defence in red which I feel may need to be removed. I need to submit by tomorrow for the hearing later in the month. I would be very grateful for feedback or advise

WS June 23.pdf Defence.pdf

Application Form.pdf

[dx100uk]

On 03/07/2023 at 09:48, dx100uk said:

you've already filed your defence months ago.

you need a statement not another copy of your defence.

you also need a statement of truth at the end of you WS.

that is not a valid application form that can double as a CCA,

it has no cancellation box as well as missing most of the prescribed terms etc , on backing pages that must be present for it to act as a valid enforceable CCA.

told you within the 1st few posts, barclaycard CCA's dont exist,.... and most certain not from a 1995 sign up.

[MarkedCard01]

Hi Everyone

I have my Dispute Resolution Hearing in the next few days and in preparation I have few questions regarding reconstituted CCAs and Default Notices. 

1, Am I right in believing reconstituted credit card agreements can only be used by a claimant if start date of the cca is after April 2007

2, With Default Notices is it the initial lender who has to raise the Default Notice and not a DCA

I would be grateful for your guidance

 

 

[dx100uk]

as already said cant for a signed 1995 agreement and your is an APPLICATION FORM!!

what Statement did you file?
 

 

[MarkedCard01]

Hi dc

i submitted my WS as stated above with a statement of truth. 

I wasn’t talking about the application form, I’m happy to combat that as it’s only an application form with no T&Cs.

It was more to do with the totally blank T&C form they sent in reply to my cpr 31 request, which has no name, address, account number.

I had read on line that reconstituted agreement could be enforceable from agreements started after April 2007, but can they try that on my account which is much older.

Also I would like to know if a DCA can raise a Default Notice or does need to come from the actual lender. 

[dx100uk]

no

no

On 30/06/2023 at 23:57, dx100uk said:

mercers cant issue default notices only barclaycard can, yep thats part of the 2009 era fake ones.

 

[MarkedCard01]

Thanks dx, I’ll let everyone know how I get on. 

[MarkedCard01]

Well that didn't go well.

I had my Dispute Resolution Hearing yesterday and I lost.

I will go through the Hearing as it may help other people.

To be honest the Judge and the claimants solicitor were nice enough guys.

I had quick 5 minute chat with the claimants solicitor before going in where he asked if I was prepared to make an offer before proceedings.

I did make a fairly low offer as I was confident in my defence.

He told me we were too far apart from the instructions he had from his client, so in we went.

The Judge as I said came across as a nice guy and he laid out what a Dispute Resolution Hearing was.

Simply to establish the facts and positions of both parties, assess if mediation would be suitable or possible, send to full trail or make Judgement at the hearing dependant on facts and evidence. He had asked if we had tried to resolve prior to the hearing and was told we were too far apart.

The Claimant solicitor was first up, but the Judge was looking at the exhibits and straightaway pointed out that the T&Cs had no name, address, date etc.

The claimant solicitor pointed him in the direction of the signed application form and he totally accepted the claimant's  excuse that as the account is so old it had been lost and Judge accepted that fully.

The solicitor went through all their exhibits stating it was clearly an outstanding debt that is enforceable.

My turn and I was very calm and clear through the whole process.

I started by saying my defence was based round the CCA 1974 act which is in place to protect consumers and lenders and I felt claimant was not complying to the act with evidence just submitted. Straightaway the Judge said he looks at it as Contractual Law and the balance of probabilities and explained if it was 51% or more one way to the other that's what he would be considering.

I first bought up the Default Notice raised by DCA and the fact I had never seen it before and believed a Default Notice could be raised by the lender/creditor and as the the account hadn't been assigned to the DCA it was defective.

He looked at it and said as it stated in the notice that the DCA were acting as an agent for Barclaycard and had accounts number and correct balance he considered it acceptable, this wasn't going well.

I then put up the fact the the T&Cs submitted as the CCA was just a blank photo copy of some T&Cs with no reference to me and no where on the form stating what year the T&Cs relate to.

His reply was with the signed application form and the T&Cs and considering the age of the account and things get lost it was acceptable.

He then went onto the statements and said as I had paid Barclaycard up until 2019 and had used the card up until 2010 for paying for things I had obviously had the credit card.

He then directly asked if I had the credit card, I was fairly elusive and said I do remember having some financial dealings with Barclaycard, but couldn't remember ever seeing a CCA which had concerns about and that is why I wanted to see a CCA directly related to me. 

To cut to the chase,

he summed by saying with the application form, T&Cs he felt Barclaycard would only supply for the right time period and the fact the statements showed I had used the card and made payments up until 2019 and if it went to trail I would lose.

He then suggested me the claimants solicitor go out to see if we can come to mutual agreement.

His parting comment as we left was to say to the claimants solicitor he would have made Judgement today.

Great there went any negating position I may have had.

me and the solicitor went to a meeting room where the solicitor said he would need to speak to his client and see if the figured for settlement offered before the hearing was still available.

He comeback 5 minutes later and said they would accept the figure first offered which was the amount of the debt they bought at and so the interest and court and solicitor fees would be removed. if it is a saving I will pay around £700 less than the amount they were claiming.

I had to accept this as It was the best I was going to get.

I am in the fortunate position of being able to pay that as a lump sum as I have been saving what I could over the last 18 months just in case it went this way and have a family member prepared to lend me the reminder.

Also I rent I could not take the chance of having a CCJ against me and having lots of problems trying to find somewhere else to rent with credit checks etc, if I ever need to and finally and probably a mistake, I never told my partner about any of it as it was a debt I had prior to meeting her and I didn't want to worry her.

To finish I guess I got on the wrong side of the Judge Lottery and he was just not prepared to consider the CCA 1974 in anyway as a defence and finally what really grates me is I would have rather had Barclaycard pursue the debt through the courts than pay the those they LC Asset.

To anyone reading this don't let my experience put you off trying to defend yourself just try to be prepared as possible and read as much as you can with other threads on here and research online. if it wasn't for the signed application and the Judge's attitude to using the CCA 1974 as a defence I believe the outcome could have been different.  

Thank you everyone for your help was it was very much appreciated and a donation is in coming.

[AndyOrch]

Thanks for the conclusion...we cant win them all but we can make people more knowledgeable and not accept everything as black and white.

You made the decision which was best for you and you are in no worse position than before the claim was issued if you had not defended the claim.

Many thanks for your intended donation.

Andy 

[dx100uk]

yes agree i think judge lottery played a part here too.

 

dx

[MarkedCard01]

Hi Guys

This request isn't directly connected to this thread, but I do have 2 other debts all relating back to the same time, late 2000's which I need to address. 1 is for an over draft and other a credit card.

Back around 2007/2008 I found a budget planner template on here where I added my incomings and out goings and then added the outstanding debt by and it worked out work by company what I could afford to pay the creditors monthly.

It was really useful and once sent to the creditors and accepted by all them as that's what I could afford to pay back monthly. Is that template is available on the site? I have searched but con not find anything.

Thank you in advance

[AndyOrch]

https://www.consumeractiongroup.co.uk/forum/298-debt-collection/