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    • you need the particulars of claim ring northants bulk and ask them to send it by email pdf or get them to read it out ...RECORD YOUR CALL>   the sb date does not run from defaulted date.   there are numerous threads here on these backdoor erudio CCJ's when the loans had never eben deferred with erudio so must be sb'd.        
    • Hello Everyone   I would like some advice of when I should submit my defence to the court. The Claim form I received was dated 23/09/2021, however it didn't actually arrive with me until the 27/09/2021. I haven't received any response from LC Asset as of yet to my CCA Request and only what I would call stalling letter from Kearns as mentioned above on the 07/10/2021 to the CPR31:14 request.   I have also listed below a 1st draft of my defence and would appreciate any help and advice or suggested inclusions or amendments.   1, 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 therefore I am unable to admit or deny the alleged debt claimed. 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.   2. 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.   3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank. 4. On the 05/10/2021 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, 21/10/2021, no documentation has been received. The claimant remains in default of my section 78 request. 5,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;   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. 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.   8. 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.   Thank you in advance of any help offered    
    • Hello  Like most on here have got myself into a pickle and having been giving different advice by stepchange and payplan on which route to take am coming here for advice.   I work from home (Job is secure for now but with covid / brexit it could change in a years time), have around £14k of debt and bank with natwest (I have just opened a very basic account with another bank so I can get my wages paid into it).   Debts: Natwest Loan  / £3,407,03 left to pay / Currently paying £197pm (Have just missed 1 payment and now using breathing space for 30 days) Argos store card / £2,018.67 left to pay / Currently paying £86pm Capital One card 1 / £508 left to pay / Currently paying £50pm Capital One card 2 / £2,950 left to pay / Currently paying £212pm Aqua card / £3,600 left to pay / Currently paying £212pm Studio24 / £152 left to pay / Currently paying £40pm Very / £1,315 left to pay / Currently paying £100   Then I have other expenses (Rent 575, council tax £175, Utilities £175  etc) am just left with nothing and that is just by paying the bare minimum.    What would you advise ? my credit file is trashed now as have been gone over my balance on the credit cards and paying back the minimum to clear them.    
    • please stop using reported posts now.   only post here in this thread in a new msg box.   i think you will find it matters little what evidence you have , you have too sadly wait a week or 2 for them to release the account.   i see you have read numerous like  threads by other people, so you should know this by now.  
    • Hey! I think I just got some good news. So letters were sent out yesterday morning special delivery to both home address and office. It must have arrived today. He phoned me up and wants to make a payment. Apologized that it has taken this long and it wasn't resolved sooner.  I am sure he would have paid, but as I understand their accounts team is horrible. Well, the letter of action definitely has moved this forward fast enough!   I will keep you updated once I receive the payment!   Thank you all ever so much once again! 
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Allocation Questionnaire for court


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Hi, perhaps someone can help.

 

Having filed my claim, according to the wording in http://www.moneysavingexpert.com, a defence has been filed by Barclays against the claim ammount of approx. £1100. They are defending the claim, stating that,

 

"The particulars of the claim do not provide details of the account in question and/or the precise charges alleged to have been unlawful, or the date thereof"

 

They continue to say their defence is summary since they see the claim as summary.

 

The claim letter I templated from the web read as follows....

 

"1. Between [insert date of first charge eg 15/3/04] and [insert date of last charge eg 9/2/06] the Defendant debited numerous charges from the Claimant’s [This means you because you are the person claiming the money] account.

2. The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach.

3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty.

4. Under the County Courts Act, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money. This totals [insert amount of interest as calculated with the bank charges calculator], accruing at the daily rate of 0.021% until judgment or payment.

5. The Claimant asks the court to enter judgment in their favour for [insert total charges] plus interest, totaling [insert total charges plus interest].":(

 

From re-reading the claim I think they can be picking me up on the fact that my specific account number was not in the claim I filed. Previously I had written to them on three occasions, each time I stated the account details, the specific dates and ammounts of each charge and provided them with statement copies of all the charges. I thus have a reference number of the dispute (letters etc).

 

Now I am filling in the questionnaire for the courts and section G asks for any 'Other Information'. Should I comment on the defence being posted, citing what have just told you, or leave it for a later date.

 

Any advice?

 

Sorry, that was a bit of a long one!!!

 

Thanks, Mallory.

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Hi Mallory

 

Everything you need to sort this out is in this section:

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/

 

You can amend your POC which will cost £35 to do which is not claimable.

Have a good read of the guidance notes before you fill in your AQ.

 

I recommend you stay with us from now on, we have tried and tested procedures here. 130,000 other registered users to fall back on if you need it.

 

Good luck

 

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WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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guidance notes are great, thanks! It seems that has me covered from the court point onwards and preparing myself for the court....in terms of the claim do you reckon it is advisable to pay the £35 and and re-state my POC....or shall i leave it and let it come out through the court process? Any point in clarifying it in the AQ "other Information" section? I could not find any specific notes for anyone who had encountered this defence angle.....

 

Thanks again by the way

 

Mallory

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