Asset/Link/Kearns Claimform - old Barclaycard debt

[PJB5]

Ah that's a shame.

 

So my last hope is that they don't have don't hold an enforceable CCA?

[dx100uk]

and everything else they need.

dependant upon the age, BC card debts are very hard to enforce as barclaycard never give/hold enforceable agreements

the older they are the better.

 

you need to read as many 

claimform barclaycard threads as you can. at least 20 or so

use our enhanced google search as you have

 

is this your egg card or the barclaycard - its from 2005 the POC states

[PJB5]

Thanks again,

I'll have a read in the morning and I'll ask when I call about the last payment if they can confirm our was my old Egg account. Or do you think I might be better off not asking in case Egg gave them the original agreement and they then look for/find it!

[dx100uk]

what are the 1st 6 digits of the 16 digit number in the poc?

 

this only gives the creditor details not you so is safe to state.

 

 

dx

[PJB5]

Of the card number,

1st digit 4

6th digit 0

Edited November 17, 2022 by PJB5

[dx100uk]

now read my post carefully again..

[PJB5]

Oh dear me!

 

492910

Edited November 17, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

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

 

 

egg cards were 462785.

 

dx

 

[PJB5]

Thanks.

I think I went over to platinum as they offered me either an interest free spend or BT.

Either way hopefully they haven't got an enforceable agreement!

I'll get reading while I wait to hear from them, thanks again dx

 

 

Last payment was in March 2018 so within 6 years unfortunately. 

 

I will now just start reading claimforms and wait on the CCA request, in the meantime should I acknowledge their claim and ask for more time?

[dx100uk]

On 16/11/2022 at 15:17, dx100uk said:

please note your corrected aos and defence filing dates.

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

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

.

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

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

 

do as above

 

dx

 

[PJB5]

Thanks again dx

 

I have completed the AOS as detailed above and have sent the CCA letter on 16 Nov 2022. 

 

So in the meantime while I wait their response I shall read up and start preparing my defence ready to issue by 16/12/22, anything else I should be doing? 

[dx100uk]

On 16/11/2022 at 23:46, dx100uk said:

you need to read as many 

claimform barclaycard threads as you can. at least 20 or so

use our enhanced google search as you have

did you send cpr to kearns too?

 

dx

 

[PJB5]

No not as yet as I read that as being for OD & loans (my mistake) but doing it now, should I mention at all the CCA letter I have already sent or no need? 

Edited November 29, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

this is a credit card, !!

 

dx

[PJB5]

 

As I said, my mistake. So should I mention the CCA letter I sent?

Edited November 29, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

in what?

if you mean your defence 

both CPR and CCA are part of our std no paperwork/holding defence.

 

plenty of claimform barclaycard threads here already

use our enhanced google searchbox

[PJB5]

I meant for the CPR letter because I have made the CCA request after proceedings were issued and the letter only states prior. 

[dx100uk]

not really sure what you are going on about??

 

when you get a court claimform for a debt covered by the consumer credit act you do these things:

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

.

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

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

then you use our holding/no paperwork defence in 100's of claimform card threads already here.

 

inserting the sent dates and postal method used for your CCA/CPR requests in it.

 

when you sent those off even if late...is immaterial, ensure you send both.

 

dx

 

 

[PJB5]

Seasons greetings to all.

 

I've had some personal problems of late and I've missed the date for submission of my defence. Do I need to request permission to submit my defence late or is that it. 

 

Thanks

[dx100uk]

I bet you can still file a defence 

It's only 10 days or so 

I have you got one ready?

What is the status of the claim on mcol?

 

[PJB5]

The claim is still live and the last, the last entry on the Claim History is: Your acknowledgment of service was received on ######.

I've not prepared my defence, I have read a few threads but can try and get that done in the net couple of days given the 1st & 2nd Jan are Bank Holidays & Court will be closed I assume the claim status will not change! 

[dx100uk]

no courts are not close the only 1 day was xmas eve i believe

 

go LOOK at the barclaycard threads here and pop a defence up TODAY here 
 

we'll check and you can file it QUICK!!

[PJB5]

So I have had a read of a few threads, not quite 20 but a fair few and I think the bext one was along these lines: 

 

1.      The Claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxx and opened xx/xx/xx. The agreement, regulated by the Consumer Credit Act 1974 (CCA) was according to (C) signed by the Defendant (D) and from which credit was extended to D.

2.      D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by 25/02/2010 a default was recorded. As at 15/12/2020 the Defendant owed Barclaycard PLC the sum of £3751.16.

3.      By an agreement in writing the benefit of the debt has been legally assigned to C effective 15/12/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

And C claims -

1.      £2400.00.

2.      Interest pursuant to section 69 County Court Act (1984) at a rate of 8% per annum from 15/12/2020 to 15/11/2022 of £350.00. And thereafter at a daily rate of 0.50 to date of judgment or sooner payment. 

 

Defence

1.      The Defendant contends that the particulars of claim 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.

2.      Paragraph 1 is noted. I have had in the past a contractual relationship with Barclaycard. The Defendant does not recognise the reference number provided by the claimant within its particulars. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information.

3.      Paragraph 2 is noted. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Barclays Bank and received by the Defendant. Note: Although I said yes in the questionnaire I’ve checked my paperwork and could not find any record of the default notice.

4.      Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank.

5.      On the 5/12/22 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant as yet to respond to this request. Kearns as yet to respond in relation to the CPR 31.14 request. To date, 01/01/23, no documentation has been received. The claimant remains in default of my section 78 request.

6.      It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

(a)   show how the Defendant entered into an agreement, and

(b)   show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974

[dx100uk]

looks ok but where the last few points from our std holding/no paperwork defence

 

7,8 etc.

 

you appear to have cut them off?

 

dx

 

[PJB5]

 

 

1.      The Claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxx and opened xx/xx/xx. The agreement, regulated by the Consumer Credit Act 1974 (CCA) was according to (C) signed by the Defendant (D) and from which credit was extended to D.

 

2.      D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by 25/02/2010 a default was recorded. As at 15/12/2020 the Defendant owed Barclaycard PLC the sum of £3751.16.

 

3.      By an agreement in writing the benefit of the debt has been legally assigned to C effective 15/12/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

And C claims -

1.      £2400.00.

2.      Interest pursuant to section 69 County Court Act (1984) at a rate of 8% per annum from 15/12/2020 to 15/11/2022 of £350.00. And thereafter at a daily rate of 0.50 to date of judgment or sooner payment. 

 

Defence

 

1.      The Defendant contends that the particulars of claim are vague and 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.

 

2.      Paragraph 1 is noted. I have in the past had financial dealings with Barclaycard but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..

 

3.      Paragraph 2 is noted. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Barclaycard and received by the Defendant. 

 

4.      Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law and Property Act 1925 Section 136(1) from either the Claimant or Barclaycard.

 

5.      On the 5/12/22 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant as yet to respond to this request. Kearns has yet to respond in relation to the CPR 31.14 request. To date, 01/01/23, no documentation has been received. The claimant remains in default of my section 78 request.

 

6.      It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

(a)   show how the Defendant entered into an agreement, and

(b)   show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974

(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;

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.