Asset/Link/Kearns Claimform - old Barclaycard debt

[dx100uk]

you are where you are.

have you had any reply to your CCA/CPR letters?

dx

 

[PJB5]

Thanks again, sorry for the late reply but I've been manic with work.

Yes I got their reply with a reconstituted agreement, turns out it was an Egg card originally.

Can I just check if I should have been made aware of their application to lift the stay please?

[dx100uk]

can we see the CCA/CPR returns in full please?

one multipage PDF only. we dont need statements

read upload carefully

dx

 

[PJB5]

Do you mean the covering letter dx or the full bundle as there is about 20 pages without the statements

[dx100uk]

13 minutes ago, dx100uk said:

CCA/CPR returns in full please

 

[PJB5]

Thanks dx I have redacted the amounts owed but just wanted to check should I do that or leave them in there? 

[dx100uk]

leave in all £figures and dates please else we cant ever check if anything is ever enforceable.

if you read upload it does tell you .

dx

 

[PJB5]

CCA Response May 2023_Redacted Final.pdf

[dx100uk]

all unenforceable bogroll apart from the DN that looks like a compliant with one. however you've screwed the layout up.

next time please follow UPLOAD and scan each page as a JPG , then redact each, then merged them to one mass PDF

you appear to have used some sort of text recognition software that has changed line spacing and fonts sizes and spacing. so difficult to tell.

[PJB5]

Not sure why that happened, maybe because of the way I compressed it but hopefully this will be more legible. 

 

CCA Response May 2023_cca 02-2005.pdf

[PJB5]

I was speaking to a friend who said that I should have been served the N244 application to lift the stay which would have given me the chance to object.

He suggested writing to the court manager, I do not have to pay for the application and may get lucky, might not but worth a go! 

in preparing a letter to the Court manager to ask I be given the chance to raise objections I had a quick google and came across this:

Chief Master Marsh in the case of ‘The Football Association Premier League Ltd v O’Donovan & another (England & Wales High Court Chancery Division 2017) in his judgment handed down on 3 February 2017, sought to identify how the Court ought to approach an application to lift a stay. When applying the test of ‘appropriateness’, Chief Master Marsh considered the following as important factors in the balance:
a)    Whether the claimant had an adequate explanation for the delay;
b)    Whether the claimant’s claim has (at least) a real prospects of success;
c)    The defendant’s behaviour, and including his engagement with the court process, and whether any delay was caused by the defendant’s actions; 
d)    The nature and extent of any prejudice the defendant would suffer in the event that the stay is lifted;
e)    Whether any attempts were made by the claimant, within the 6 months, to ‘revive’ the claim.

Nowhere on the MCOL portal can I find the date of the stay,

is there anywhere that it is on there that I am missing or is it automatically calculated from the service of my defence?

If so under what rule as Part 15.11 CPR that deals with stays does not mention it that I can see. 

 

Thanks

[dx100uk]

On 20/02/2024 at 18:27, PJB5 said:

turns out it was an Egg card originally.

no its not - doesn't say EGG anywhere and we've already covered this by checking the 1st 6 digits number on the 1st few posts here.

 

7 hours ago, PJB5 said:

or is it automatically calculated from the service of my defence?

on the letter from the court acknowledging your defence filing. it never shows on mcol

On 17/02/2024 at 22:57, Andyorch said:

Afraid so it's the claimants perogative as to if and when they wish to apply to lift the stay.12mnths is nothing I've seen 5 years and the court granted it.

 

[AndyOrch]

19 hours ago, PJB5 said:

I was speaking to a friend who said that I should have been served the N244 application to lift the stay which would have given me the chance to object.

You have been served a copy by the court (your post #70)

CPR 23.10

(1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside^(GL) or varied.

(2) An application under this rule must, unless the court directs otherwise, be made within 7 days after the date on which the order was served on the person making the application.

CPR 15.11 is with regards to when neither an AOS or defence has been submitted and the claimant failed to apply for judgment.

 

19 hours ago, PJB5 said:

If so under what rule as Part 15.11 CPR that deals with stays does not mention it that I can see. 

[AndyOrch]

Also BC did take over EGG so it could have orig been an EGG account.

[PJB5]

11 hours ago, dx100uk said:

no its not - doesn't say EGG anywhere and we've already covered this by checking the 1st 6 digits number on the 1st few posts here.

on the letter from the court acknowledging your defence filing. it never shows on mcol

The first page and thereon of the reconstituted credit agreement states Egg on it. 

[dx100uk]

ok lets break that CCA return PDF down:

page 4 of the PDF is a right to cancel box with no date from BC agreements that pre dates this 2005 time frame.

pages 5 to 15 are a copy of what an EGG Agreement looked like from 02/2005. with £20 Penalty Fees for late/over etc. but no signature no online signup tick box. nor dates and is void of any proof you actually signed it. online or otherwise

Pages 16 to 18 are a few pages of a BC Agreement post mid 2006 with £12 Penalty fees. again with no date, no signup box or indication tickbox/name it was online. 

all 3 are bogroll.

from the POC it states a 16 digit ref number

we have already established that is a Platinum Barclaycard 492910 and not an EGG card number. 

Brand	VISA
Institution name	BARCLAYS BANK PLC
Type	CREDIT
Level	PLATINUM
Country	GB

egg cards were 462785.

.............

Plink have raised a court claim using a later card's number for a previously existing card debt when none of the paperwork shows any dates of YOU signing up to either agreement .

gameover.

dx

 

 

[PJB5]

Thanks dx that's done great stuff there, who is plink?

[dx100uk]

Link the claimant we call them Plink..

not been reading up then on Link Claimform threads...you'll see why.

dx

[PJB5]

Surprise surprise with the super of the court system these days I've not heard anything from them on my representations and my questionnaire is due in today.

 

Assume I'm best to put it my questionnaire in the meantime. If so, should I ask for determination with a hearing, Kearns have asked for without.

 

Thanks

[AndyOrch]

Leaving it late ....if you do not submit DQ on time you risk your defence being struck out.

 

Andy

[PJB5]

Yeah it is due today I have until midnight.

Do you think I should ask for a hearing?

[AndyOrch]

Have you not been directed to the guidance ?

 

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

you can email it to the court.

 

dx

[PJB5]

All done. You would have thought with it being an online system you could submit it on MCOL. Then it give the court address on the court order but luckily they sent me this by reply when I emailed them before so going to email it! 

 

Not sure if you have seen this but it contains the new email addresses from 28/2/24.

 

 

CNBC mailboxes from the 28th Feb 24.pdf

[dx100uk]

upload changed to PDF

dont use docx...all your pers details show in file info/propertirs.

dx