Backdoor Link CCJ - old Barclaycard debt - Default Judgment set a side Sanctions imposed.

[LouLouDev79]

Thank you Andy, really appreciate your help. 

[dx100uk]

4.  Under The Pre-Action Protocol 201?, a Debt Buyer must undertake all reasonable enquiries to ensure the correct address of a debtor, this can be as simple as a credit file search. The Claimant failed to carry out such basic checks. Subsequently all letters prior too and including ,The Pre action Protocol Letter of Claim dated 7 January 2020 and the claimform dated 14th February 2020 were all served to a previous address which I moved out of in 2018.

9.   The claimant failed to comply with the additional directions ordered by District Judge Davis on the 2nd February 2024 'The Claim shall be automatically struck out at 4pm on 3 April 2024 unless the Claimant delivers to the Court and to the Defendant the following documents.' None were received by the court nor the defendant by that date.

re: 13 & 15...they dont need to produce the deed, thats a private b2b document only the judge can demand sight of.

i would remove 13 totally as within their WS they have produced the Notice Of Assignment. and delete it from 15

a few ideas.

dx

 

[LouLouDev79]

Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?

[AndyOrch]

Here is a draft which I have adapted you will have to incorporate some of your points and add exhibits if required. This deals with the main thrust of your argument. They have proof of payments up until 2015 so its best to be upfront that there was a debt be it assigned to BC but let them them find out which brand it was and if they can produce the necessary true documents to evidence their claim

Witness statement draft.pdf

 

Andy.

 

 

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[AndyOrch]

The relevant notes with regards to Reconstituted versions of an agreement if you wish to rely on an exhibit.

Waksman Reconstituted Agreements.pdf

[LouLouDev79]

Thank you so much Andy, I am making the amendments to my witness statement now.   

Would you be happy to take a final look over the document when I have finished? 

In terms of the bundle I need to send, the claimants sent the following documents

- should I include the same documents with my bundle or is there no need to? 

 

	Description
1	Claim form
2	Order of the Court dated 15/06/2023
3	Note of Hearing dated 12/07/2023
4	Order setting aside Judgement dated 21/07/2023
5	Order of the Court date 01/09/2023
6	Draft Defence resubmitted on 11/09/2023
7	Notice of Change dated 22/09/2023
8	Directions Order dated 13/02/2024
9	Witness Statement
10	Appendices

[dx100uk]

no need to duplicate their exhibits, simply refer to their exhibit no. in your WS.

dx

 

 

[AndyOrch]

2 hours ago, LouLouDev79 said:

Would you be happy to take a final look over the document when I have finished?

Sure ...no problem.

[dx100uk]

20 hours ago, dx100uk said:

   The claimant failed to comply with the additional directions ordered by District Judge Davis on the 2nd February 2024 'The Claim shall be automatically struck out at 4pm on 3 April 2024 unless the Claimant delivers to the Court and to the Defendant the following documents.' None were received by the court nor the defendant by that date.

what about^^^???

[LouLouDev79]

I have put that as the first point?

[dx100uk]

doh sorry was on phone screen.

i think thats all ok, 

let @AndyOrch confirm 1st please.

dx

 

[AndyOrch]

Witness statement.pdf

[LouLouDev79]

Thank you so much!

Can I ask why the data access request to Barclays is irrelevant?

I wanted to show I had made every effort to obtain info relating to the debt, I have pages of correspondence between myself and Barclays showing how many attempts I made.

Also, should I put point 9 at the start so it is the first thing the judge sees?

If it gets struck out on that point then the rest would be irrelevant?  

[AndyOrch]

Because its not connected to this claim.....Ideally if you had received the claim you would have requested information pursuant to CPR 31.14 and a CCA request for the agreement. DSAR only reveals your personal data held which would be minimal with the this claimant.

You can leave it in if you desire but it adds no weight to your statement.

 

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[AndyOrch]

27 minutes ago, LouLouDev79 said:

Also, should I put point 9 at the start so it is the first thing the judge sees? If it gets struck out on that point then the rest would be irrelevant?  

No because telling a story in your statement chronologically it would be out of run sequence. You would have to change the run sequence starting from finding the judgment to setting a side.

They have disclosed since and leniency will be allowed (subject to how long they delayed) and the court will disregard it even though it is their order.

 

 

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[AndyOrch]

Added to above

[LouLouDev79]

Thank you, that makes sense.  In terms of the additional directions, they were about 2 weeks late and only half of the things requested were included in their bundle.

[AndyOrch]

Then that would be a point to verbally introduce at the start of the hearing when asked to speak...then go into your statement.

[LouLouDev79]

Thank you so much for all of your help, I will amend my WS as you suggested and get it sent off this afternoon.  

Then I guess I just have to sit and wait until the hearing and hope I get a sympathetic judge on the day! 

[AndyOrch]

Sympathy does not come into it I'm afraid...you argue your claim any judge that allows a judgment on that agreement and paperwork they have disclosed well its time to give up.

Important point to keep at the back of your mind ......you cant reconstitute (recreate) an agreement when the agreement was not the original agreement that BC transferred you to or one that you never entered into.

Modified agreements cannot be reconstituted.

 

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[LouLouDev79]

Hi

On Friday I received a copy on email from the claimants solicitors with an attached relief from sanctions application - on the basis that the solicitor missed the deadline for the additional directions and it was an oversight on their part and that the claimant should therefore not suffer.   

They then attached a copy of the deed of assignment and a new witness statement. 

They stated that they would be happy to delay the court date by 28 days but that they believed both parties were ready for the court case on 7th June.

My first question,

is there anything I need to do or do I just sit and wait to see what is decided? 

Secondly,

is it likely the judge will be aware that the claimants solicitors did exactly the same in the set aside court case

(ie they filed their court bundle late applied for relief from sanctions on the morning of the court date, my solicitors had no choice but to agree because they threatened to strike my case out because my solicitors had only filed their court bundle by email and not post). 

This is a clear pattern of how these solicitors work rather than it being a one off oversight! 

[AndyOrch]

1 hour ago, LouLouDev79 said:

on Friday I received a copy on email from the claimants solicitors with an attached relief from sanctions application

Scan redact and upload please.

[LouLouDev79]

Hi Andy

Attached is the redacted copy.

 

Relief from Sanctions copy_Redacted.pdf

[AndyOrch]

Quote

14. The Claimant should not be disadvantaged due to the error of their solicitors.

Wasn't aware that the court had imposed sanctions and struck the claim out ?

[LouLouDev79]

I haven't been made aware of this.   

I rang the court to confirm receipt of my witness statement and bundle, along with my cover note stating it should be struck out due to non compliance by the claimants, they confirmed receipt but said as far they could see it hadn't been struck out.

Does this relief from sanctions application suggest that the case has been struck out?