Mercers-Barclaycard claimform - faulty DN **WON**

[Jeff2000]

Jeff.

 

As u know i am not an expert but i would make it very clear in my witness statement that i have not been furnished with documentation that has been requested so u can file a proper witness statement.

 

If you have not already done so i think it would be good idea that u file a N244 advising that you want compliance with the documents requested and reflect the fact u have had to do this in your witness statement. I would also ask that u could file a full witness statement when u have been furnished with the info.

 

For the N244 i would ask that it is made into a unless order which i would word like this.

'unless barclays furnishes me this information within 14 days of the date of the order then the case will be struck out at my request.'

 

I would make this a matter of urgency especially as the witness statements are due soon.

 

U can find the N244 on the courts website Her Majesty's Courts Service - Home

u will also find stuff about witness statements there as well.

 

shout if u need more help with the form.

 

 

 

 

Hello GM,

 

 

I have just found a copy of the form (N244) in my smalls claim pack!

 

I'm off to work shortly, but I'll make a few copies and have a go at filling one in if I get some time.

 

If you wish to offer some help, I will be around tomorrow morning from about 10:30 'til noon!

 

Many thanks in advance!

 

 

Jeff.

[The GodMother]

i will be about my not be at comp tho. My MSN addy is available should u want to shout me on there.

[Jeff2000]

Hello all,

 

 

The latest.

 

I have recently received from my local CC, a pre trial checklist.

 

Just wondering is this standard for this type of case?

 

There is an opportunity to explain why I cannot yet comply with the judges previous orders. (Due to none compliance by Barclays).

 

There is also an opportunity to make an application and attach a draft order. So this part could be very useful!

 

Apart from some stuff about expert witnesses, it looks pretty straight forward.

 

But if anyone has any further advice, I'm all ears!

 

 

Regards, Jeff.

[The GodMother]

did u get the n244 in to the courts? have u heard back from them.

 

i would chase this up as it needs sorting urgently.

 

pre trial checklists from what i have read are normal. i think u may need to send on to the courts regarding info u want from barcleys etc. best u ask pt abut this tho.

[Jeff2000]

Hi all,

 

 

OK, the latest.

 

I sent in the pre trial checklist. Attached to it I sent a N244 application together with a draft order.

 

I have now received from my local Court a "General Form of Judgement or Order".

 

Basically it says:

 

Upon reading the defendant's application

 

It is ordered that

 

1. That the Claimant shall send to me and the Court:

 

a. A true copy of the executed credit agreement and ant T's & C's that applied at the time of default and at the time the account was opened.

 

b. True copies of any default notice, with a copy of any proof of postage.

 

c. Specific details of fees/charges levied, and a detailed breakdown of those fees etc.

 

d. Copies of all statements for the entire duration of the agreement.

 

I then am given a further 28 days to file and serve an amended defence.

 

 

Now then, the original trial date is about 3 weeks away. So I would like to know whether this date will now be vacated, or should I turn up for it in any case?

 

I am, however, expecting a letter from the Court in about 7 days or so, regarding this hearing.

 

 

 

Regards, Jeff.

[pt2537]

You filed an Application on a N244? Bloody hell, way to go Jeff,

 

so, the order has been made and what is the deadline for their compliance?

 

i would advise checking with the court to see as hearing do often get vacated

 

however if the deadline for their non compliance is before the hearing the court may use this to deal with the case

 

you never know

[Jeff2000]

You filed an Application on a N244? Bloody hell, way to go Jeff,

 

so, the order has been made and what is the deadline for their compliance?

 

i would advise checking with the court to see as hearing do often get vacated

 

however if the deadline for their non compliance is before the hearing the court may use this to deal with the case

 

you never know

 

 

 

 

Hi,

 

 

Many thanks for your swift response pt!

 

 

I was getting pretty fed up with their non-compliance etc.

 

I wrote on the application that I felt it was a deliberate attempt to intimidate!

 

The deadline for compliance is September 12th.

 

The original trial was set for September 5th.

 

 

Cheers, Jeff.

[pt2537]

Hello Jeff,

 

WOW, im impressed mate ,

 

I think it best to contact the court and check on the status of the hearing

 

it may have been vacated in this case

 

Regards

 

Paul

[Jeff2000]

Hello Jeff,

 

WOW, im impressed mate ,

 

I think it best to contact the court and check on the status of the hearing

 

it may have been vacated in this case

 

Regards

 

Paul

 

 

 

 

Thanks pt, will do!

 

 

Jeff.

[robcag]

Hi Jeff

 

I was just about to congratulate you on getting your draft orders past the Judge when I noticed Paul had beaten me to it! Well done!

 

Cheers

Rob

[Jeff2000]

Hi Jeff

 

I was just about to congratulate you on getting your draft orders past the Judge when I noticed Paul had beaten me to it! Well done!

 

Cheers

Rob

 

 

 

 

Many thanks Rob.

 

All support at this time is much appreciated!!!

 

 

Jeff.

[The GodMother]

Nice one Jeff.

 

It sound like the court myay vacate the hearing for that date but dont leave it to chance as they may not.

 

Telephone the court, number can be found on the courts website, to find out.

 

now any guesses on if they supply the info?

[Jeff2000]

Nice one Jeff.

 

It sound like the court may vacate the hearing for that date but don't leave it to chance as they may not.

 

Telephone the court, number can be found on the courts website, to find out.

 

now any guesses on if they supply the info?

 

 

 

 

Hi,

 

 

Thanks GM!

 

The "alleged agreement", which is an application form, will be supplied as I already have a copy. (Very poor quality copy). As for both copies of the T's & C's, that's any-body's guess.

 

I have some statements from a previous SAR. But there was still some missing, so let's see what they can provide this time!

 

As for the breakdown of charges levied, I have a feeling they will try and claim confidentiality!! Or apply to have the order varied!!

 

 

What does any-one else think!!?

 

 

 

Regards, Jeff.

[The GodMother]

poor quality huh. Well thats non compliant straight away.

[Jeff2000]

Hello all,

 

 

I have received from my local Court confirmation that the original trial date has been adjourned until late November.

 

The claimant has also been given more time to submit their pre-trial checklist. (So it would appear they have missed another deadline! Tut! Tut!)

 

 

Regards, Jeff.

[pt2537]

Jeff, if i were you, i would give delfi a shout and ask him if he would be so kind as to forward you his letter, this is the one i put together for him so that he could bring this to a head

 

just a thought but im sure you would like this put to bed

[Jeff2000]

 

just a thought but im sure you would like this put to bed

 

 

 

 

Hi pt,

 

 

Thanks for your reply.

 

 

You are correct! The sooner the better as far as I'm concerned!

 

I shall drop delfi a line and point him in the direction of my thread.

 

 

Regards, Jeff.

[pt2537]

it was just a thought,

 

thing is that since i drafted the letter for D, i wouldnt share it unless he gave me the ok,

 

so you give him a shout he may be happy enough to send it to you

[Jeff2000]

it was just a thought,

 

thing is that since i drafted the letter for D, i wouldnt share it unless he gave me the ok,

 

so you give him a shout he may be happy enough to send it to you

 

 

Cheers pt!

 

I've asked him on his thread. No immediate hurry though!

 

 

Jeff.

[The GodMother]

yet another deadline. Good they dont like compling do they. Anyway were they made as unless orders? If so and D does not get back to you b4 the end of the new date then u could always file another form, n244 i think, and ask the courts to throw the case out.

[Delfi101]

Jeff,

 

You have a PM! (fill yer boots )

 

Another thing that I noticed with the 'Application Form' is that it is clearly taken from microfiche (there's a serial number on the edge of illegible copy they sent to me). The T&C's had no such number and so therefore the 2 are clearly not demonstrably contemporaneous. It's worth checking for this.

 

Also, they admitted that Barclays have no true copies older than 6 years.

 

Hope that's of some help.

 

D

[pt2537]

Thanks D , you're a star for doing that

[Delfi101]

I'm not the star here ... I'm just doing my best to repay some of the kindness shown to me. I'll continue to do so too.

 

D

[Jeff2000]

Jeff,

 

You have a PM! (fill yer boots )

 

Another thing that I noticed with the 'Application Form' is that it is clearly taken from microfiche (there's a serial number on the edge of illegible copy they sent to me). The T&C's had no such number and so therefore the 2 are clearly not demonstrably contemporaneous. It's worth checking for this.

 

Also, they admitted that Barclays have no true copies older than 6 years.

 

Hope that's of some help.

 

D

 

 

 

 

Hi,

 

 

Thanks very much for that Delfi!

 

I'll check the agreement and T's & C's too!

 

 

Regards, Jeff.

[Jeff2000]

yet another deadline. Good they dont like compling do they. Anyway were they made as unless orders? If so and D does not get back to you b4 the end of the new date then u could always file another form, n244 i think, and ask the courts to throw the case out.

 

 

 

 

Hi GM,

 

 

No it wasn't an unless order, nevertheless I shall be writing to the Court to strongly express my concerns, should they fail to comply yet again!

 

 

Regards, Jeff.