Backdoor Link CCJ - old Barclaycard debt - Default Judgment set a side - hearing in 2 days - Witness Statement help urgent!

[LouLouDev79]

Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   

I did not own a Barclaycard in 2000 so I know this is not true. 

The CCJ notice was sent to an old address so I did not receive it. 

Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   

As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   

I won the case and the CCJ was set aside. Link then filed to court again to make me pay the debt. We both filed directions questionnaires and the judge allocated the claim to the small claims track.

As part of the directions, additional directions given were as follows '

Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     

The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.

I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday. 

This does not give me much time to prepare my witness statement.   

I have never done anything like this before and I am unclear what my witness statement should include. 

My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   

I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   

Should I include these as an appendix? 

Are there any other documents I should include in my bundle?   

I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   

Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't?

Many thanks

 

Louise

[whitelist]

Yes, you should have applied for an immediate strike out as soon as the deadline expired.

Without the agreement, they are stuffed

Forget Barclaycard, Asset link is now the creditor, and it is down to them to provide the agreement. 

That needs to go into the witness statement. They have not provided the agreement contrary to directions of the court and request the court strike out the claim as to the original court directions.

[jk2054]

Hi,

If they haven't followed the court's directions there will be little tolerance of the court.

Anyway please can you upload a copy of the court paperwork

[LouLouDev79]

Thank you for your reply,  I have attached the court paperwork.

Thanks

 

 

N157+ directions.pdf

[whitelist]

You need to email that witness statement like yesterday to the court and Link. Better still, take it personally into your local county court.

[dx100uk]

plenty of link claimform n244 defendant witness statements here use our enhanced google searchbox.

dont worry if you are a day or so late your are a LiP.

can you scan up to ONE MULTIPAGE pdf everything WS wise link have sent you either in previous returns/buddles from then.

barclaycard debts of that era are very very difficult to get signed agreements on, in fact BC dont have them, never did.

lots of barclaycard claimform threads here to read too.

get the claimants ws etc up (WE DONT NEED STATEMENTS)

and we'll help you with yours

thread title updated

dx

[LouLouDev79]

Hi

Please see attached pdf of the bundle of documents relating to the WS.

[dx100uk]

where ?

read upload guide carefully please

dx

[LouLouDev79]

apologies, the file was too big, try this one

 

Claimant bundle_.pdf

[dx100uk]

typical utter total bogroll from link.

at least the dn is sort of compliant though it is a recon ....as it has merge fields %% at the top ....so could of come from links vast fiilng cabinet and just had your details type in over someone elses after blanking it out....

now now link would do that...oh yea they do..masters of it.....all faked paperwork and none means anything regarding enforceability. nada zero.

have a read up here of the threads to search for i gave 

pop up your WS as soon as ready

dx

 

 

[LouLouDev79]

Thank you,  here is my draft WS so far....

Witness Statement draft_Redacted.pdf

[dx100uk]

5 hours ago, LouLouDev79 said:

Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     

i would also inc this. the claim SHOULD HAVE BEEN STRUCKOUT, we dont usually see a defendant HAVING to request it.

@AndyOrch can you look over the WS please 

dx

 

[AndyOrch]

Take a look in the morning 

[AndyOrch]

Firstly if you can complete the following with as much information as you can recall or evidence for history of this debt.

Copy the Q,s and your responses back here then we can look at both statements and documents.

 

Andy

[LouLouDev79]

Which Court have you received the claim from ? Northampton

If possible please scan redact and upload a full page copy of page 1 of the claim form.   This has been uploaded in my previous messages in the bundle of documents

Name of the Claimant ? Asset Link Capital (NO5) Limited

How many defendant's  joint or self ? Self

Date of issue –  14/02/2020

Not relevant as his claim was set aside, and has now been brought to the court again by the claimant

Particulars of Claim

What is the claim for – 

1. The Claimant claims the whole of the outstanding balance due and payable under agreement referenced 16 digits opened effective from 18-05-2000

2, agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant.

3. The Defendant failed to make payment as required and by 30/12/2015 a default was recorded .

4. As at 30/09/2016 the Defendant owed 8arclaycard plc the sum of 809046.

5. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 30/09f2016 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter.

And the Claimant claims-

1. 819046

2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from 30/09/2016 to 14/02/2020 of 208571 And thereafter at a daily rate of 171 to date of judgment or sooner payment. Date 14/0212020

What is the total value of the claim? £10,734.1 

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 - this is one of the grounds for getting it set aside

Did you inform the claimant of your change of address? No

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 ?  Apparently 2000

Do you recall how you entered into the agreement...On line /In branch/By post ? I do not recall entering into an agreement with Barclays

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  It was, but it is not anymore

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. Assigned to Asset Link

Were you aware the account had been assigned – did you receive a Notice of Assignment? No - although they have provided a copy of the assignment notice in their bundle of docs for the hearing

Did you receive a Default Notice from the original creditor? I don't remember - but again a copy of a letter has been provided (see bundle on previous thread)

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?  2015

What was the date of your last payment? December 2015

Was there a dispute with the original creditor that remains unresolved?  I wrote to Barclaycard back in 2015 to ask them to send proof of the original agreement but they just sent me a reconstituted document which had no personal details on relating to me
Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes - step change took control and set up payments of £1 pm

 

Apologies, I attach the original claim form here....

Claim form.pdf

[AndyOrch]

If the agreement was allegedly taken out in 2000 and you state you do not recall it or even if you did...do you recall making payments ?

You state it use to appear on your credit files but no longer...did you never question why if not your debt ? 

If you never made any payments (someone made payments up until 2015) and cant recall a credit card with a balance of 8K+ 

Strange ?

[dx100uk]

poc typed out in Q&A response as we asked .

[LouLouDev79]

I did not have a Barclay card back in 2000.  When it appeared on my credit file I queried it via CCA in 2014.

[dx100uk]

dont forget barclaycard traded under many differing names and also bought out many small CC companies since 2000. so it could have been a diff card, but is now the old Co. is now part of BC, hence Link stating so...sadly Link are masters at doing this and purposefully hide such details as it's not really their problem what the card org was granted by.

so what credit cards DID you have in 2000? era

 

[dx100uk]

i see the poc has a std 16 digit number..

what are the first 6 please.

dx

 

[LouLouDev79]

492910

I have a feeling that it might have been an Egg card that was then taken over by Barclays because I remember having an Egg card back around that time as it was the first credit card I took out when I was young

 

[AndyOrch]

Yes BC did get the Egg accounts and also MSDW (Morgan Stanley Dean Witter accounts)....so moving forward you need to attack the credit agreement within your statement.

The reconstituted standard BC agreement does not satisfy any CCA request and cannot be a copy of an Egg agreement so throw in that the claimant is and remains in default of your CCA request and therefore unable to enforce the alleged agreement.

Reconstituted agreements do not satisfy any agreement that have been modified or assigned.

Still that still does not explain who was making payments up until 2015....considerable amounts on the the size of the debt.

 

 

.

[dx100uk]

Details for IIN 492910
Brand	VISA
Institution name	BARCLAYS BANK PLC
Type	CREDIT
Level	PLATINUM
Country	GB
Additional info
Phone	00 44 24 7684 2100 or +44 345 734 5345
Address	2 Churchill Pl Canary Wharf
City	London
Zip	E14 5RB
Website	www.barclays.co.uk

[LouLouDev79]

in terms of the draft witness statement I uploaded, what do you suggest I amend?

And do I need to send the bundle of docs as per the first page?

They are the same docs that the claimant included.   

when I rang the court to ask if it had been automatically struck out, they suggested I sent a covering letter with my witness statement stating that the claimants failed to comply with the directions and therefore the case should be struck out. 

Apologies for the short responses today, I have been in work all day so have had to duck out of meetings and respond to you on my mobile. 

I am feeling extremely overwhelmed by all of this, it has been hanging over me for over 3 years now since I first discovered the CCJ on my file.   

I am a single mum of two little ones so really struggling to find my way through this. 

I paid a solicitor to help me set the CCJ aside and it used up every penny of my savings to so. 

I can't afford to pay for anymore legal help but feel completely out of my depth. 

My witness statement needs to be with the court and claimant by Wednesday and I am terrified of getting it wrong and losing after everything they have put me through.   

I really appreciate all of your posts, and would be so so thankful if you could help me finalise my witness statement to ensure I have got all of my points across and that I have not included anything that could go against me.

Thank you

This is my slightly amended WS taking on board your previous comments, any suggestions for amendments would be most appreciated.  Thank you for you time.

1.        I am the Defendant in this matter.

2.        The facts in this statement come from my personal knowledge.

3.        I became aware of original Judgement following a routine credit check on or around 14^th September 2020.

4.        The alleged Letter of Claim dated 7 January 2020 was served to a previous address which I moved out of in 2018, no effort was made to ascertain my correct address.

5.        The Judgement debt was not familiar to me so I began investigations to ascertain what the debt related to and how such a figure had been equated in any event.

6.        I made immediate contact with the Court, the Claimant Solicitors and the Claimants thereafter, asking them to provide me with a copy of the original loan agreement but this was not provided to me. 

7.        I sent a Data Subject access Request to Barclays but no agreement was provided – See appendix 1 which details the timeline of communication between myself and Barclaycard as well as copies of correspondence between us.

8.        I do not admit to entering an agreement with Barclaycard in 2000.

9.       The claimant has failed to comply with the additional directions ordered by District Judge Davis and therefore this claim should be automatically struck out.

 10.    The claimants have failed to disclose a true executed copy of the original agreement they refer to within the particulars of this claim. They are not entitled to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974

12.   The reconstituted standard Barclaycard agreement that the claimant has included in the court bundle does not satisfy any CCA request and so the claimant is and remains in default of my CCA request and therefore unable to enforce the alleged agreement.

13.  The claimants have failed to provide proof the assignment, such as a deed of assignment.

14.  The claimant has failed to provide a statement of account setting out how the alleged debt accrued under that agreement

15.   Despite numerous requests to the claimant, I have still not seen any evidence, such as an original agreement or deed of assignment, that substantiates the claimant’s assertion that I owe the debt to the claimant, nor evidence of how the debt was accrued.

16.   As per CPR 1.4(2)(a) the court encourages parties to cooperate with each other in the conduct of proceedings in order to try and save time and costs for the parties and to also save the time and resources of the court however, despite vast attempts at mediation the claimants have been most unreasonable and have remained unwilling to mediate.

I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

[AndyOrch]

We can finalise it in the morning so you can meet the directions on time.

Andy