Barclaycard taking me to court via Moorcroft

[joe1965]

I had court papers through this morning informing me that Barclaycard were taking me to court though all the paperwork has been done by Moorcroft.

I am furious as hell about this as I had sent a SAR request to Barclaycard on 24/04/07.

On phoning Moorcroft they told me that it don't matter to them as I sent the request to Barclaycard and not them.

I have proof of posting but how should I sort the court paperwork? Surely the fact Barclaycard have been sent a SAR means the account is in dispute and no action can be taken.

Should I inform the court that Moorcroft and Barclaycard are breaking the law? Would they take any action against them if I did.

[joe1965]

Can anyone please advize about the best coure of action to take as I have to send the paperwork back as soon as possible.

[NitrousOxide]

Hi,

I you need to at the very least sned aknowledgement. This can be done online and gives you a further 14 days (I think).

The fact you have sent an SAR does make a huge difference as it potentially enables you to counter claim.

If you describe events from start to finish it would be helpful. How old is this debt and have you ever made a CCA request?

[NitrousOxide]

Forgot to ask,

What do the particulars of claim say on the court paperwork?

[joe1965]

I had this account with Barclaycard for around five years.

About two years ago I had to change jobs so I would be closer to home and be at home every night.

We got into difficulties paying our bills as when I moved jobs it meant a lower wage.

We sorted out a reduced payment plan with Barclaycard and kept to it. But at the begining of this year I lost my job and found it impossible to pay them. Then out of the blue Moorcroft raised their ugly heads.

Straight away they were breaking the OFT rules and everytime I pointed this out to them they treated me like I was an idiot.

The main rules they broke were:

2.2b. leaving out or presenting information in such a way that it

creates a false or misleading impression or exploits debtors'

lack of knowledge (until I found this site)

2.2c. those contacting debtors not making clear who they are, who

they work for, what their role is, what the purpose of the

contact is. (the woman told me they didn't have to comply with this because of the data protection act)

2.2e. failing to provide debtors or creditors with information on status

of debts

2.3. Those contacting debtors must not be deceitful by misrepresenting their authority

and/or the correct legal position. (moorcroft told me I had no legal right to contact Barclaycard and they could take action against me for doing so.)

2.6b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing (told me I should take out a loan or borrow money from family to pay them)

2.6f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

2.8k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt. (have told them It's in dispute with Barclaycard but still phone/write).

So it just made me more bolshie with them.

The last phone call I received from them was last Thursday. I explained (again) that I had sent a SAR and he told me that was okay and they would put it on hold.

But today I got the court papers.

So I need the best way to defend it because as far as I'm aware if you have sent a SAR then the account is in dispute until the matter is settled.

[Laiste]

Hi Joe,

 

The fact that you have sent a SAR does not mean that B/card cannot take legal action against you! It is a request for information under the DPA 1998 and does not put the a/c in dispute. Besides which, they have 40 days to comply with your request and that time limit is not up yet, as you asked for the information on the 24/4/07. The time limit isn't relevant given that proceedings have been commenced, it will become apparent why as you read on.

 

Are you confusing the SAR with a CCA request? The latter will put the matter in dispute after 12 working days, but that won't necessarily stop a creditor issuing a claim! You still have to respond to a claim even in such circumstances! There is no reason that will be accepted by the Court for a person not responding to a claim that is filed, unless a claim is not received by a Defendant. B/card are not breaking the law by issuing a claim because you sent them a SAR. To begin with, you need to file an Acknowledgement of Service, which can be done online. You have 14 days to do this, from when you are deemed to have received the claim. You then get a further 14 days to file a defence and c/c.

 

In my opinion, you need to send a letter to B/card asap insisting that the info you have requested is furnished forthwith, as this matter is now the subject of legal action. Once a claim is filed, providing info is not subject to the DPA 1998. What I'm saying is, you don't have to wait 40 days for the info. Under disclosure rules, each party is obliged to furnish info to the other party that may assist or detract from a case. You also need to request a copy of the credit agreement as well in the letter. I would give them no more than 10 days to furnish the info and advise that if the info is not forthcoming, it will be reported to the Court that they are trying to frustrate proceedings and denying you the opportunity to file a defence and c/c.

 

Whether or not the info is furnished before you have to file a defence, you will be able to file one regardless. It will not be possible however, for you to file a c/c in the absence of the info. Should that be the case, you will be able to file a c/c subsequently, but there will be a fee, which you should reclaim from B/card as part of the c/c.

 

So you need to focus on drafting a letter to B/card and getting it sent as soon as you can. The AoS needs to be filed before or around the 25th May. If you are unsure, ring the Court, the number is on the right hand side of the front of the claim in really small print. You can also ask them by what date the def and c/c needs to be filed also.

 

I hope this helps and best of luck!

 

Laiste.

[joe1965]

Thanks for the info Laiste.

I do have one or two other questions if you don't mind.

Here is a copy of the letter I sent Barclaycard;

 

Please supply me with a complete list of transactions and charges relating to my bank account since the account opened. Alternatively a complete set of statements for that period will be acceptable. Furthermore please provide me with a copy of my contract with you, and a copy of the terms and conditions. I make this request Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts.

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention.

If you are unable to supply data relating to manual intervention because there has been no such manual interventions then please confirm this in your response to this request.

I enclose the statutory maximum fee of £10.00 to access ALL data held by Barclaycard about myself. You should be fully aware of your statutory obligations under the data protection act and that any failure to comply with this request could result in an investigation from the Information Commissioners Office. You have 40 days in which to comply.

Furthermore, if I discover that you have levied disproportionate penalties against me then I shall be reclaiming them.

Such submissions from yourselves that the relevant data is now only held on Microfiche in date order and can only be provided at extra cost etc is unacceptable as it implies that such data is nonetheless retrievable. In these circumstances, as opposed to copies of statements for the micro-fiched period, I will accept a detailed breakdown of all charges levied to my account in date order.

 

Would the part in red be in effect a request for my CCA or does it have to be like the templates provided on the site?

If so do I still have to provide the £1 for the CCA or do they have to supply it free of charge because of the circumstances?

Also can I use the defence to report the abuse of the OFT guidelines by Moorcroft?

[joe1965]

Heres a copy of the letter I will be sending to Barclaycard.

 

I am writing concerning the above court claim which you have lodged at Northampton County Court.

You were written to on the 24th April for a Data Protection Act disclosure request of which I have proof of posting and delivery to your data protection team.As you have decided to take this to court before you have disclosed this information to me which was all I required before matters could be sorted, I require that the information be furnished forthwith, as this matter is now the subject of legal action.

I also want a copy of the credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

Although you should have 40 days to furnish the data required and 12 days for the credit agreement I will require them within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence.

Also I will be informing the court of the sub standard agency that you have used to collect this debt and the various offences they have committed under the OFT guidelines and the Administration of Justice Act 1970.

Does this sound okay?

 

[/font]

[tomterm8]

I am no longer welcome on CAG

[joe1965]

Many thanks for that tomterm8.

Just one question, send to Barclaycard or the lawyers working on their behalf?

[tomterm8]

I am no longer welcome on CAG

[tomterm8]

I am no longer welcome on CAG

.

[Laiste]

Hi Joe,

 

The details to include in a letter posted by tomterm will be very helpful for you. You should exclude point H as the debt hasn't been assigned has it?

 

I would like to offer some advice in respect of the comments you were intending to include in your letter to B/card. It is not advisable to use language such as "sub-standard agency," as this may be viewed by the Crt as inflammatory. I can appreciate you may be annoyed by their actions but such comments are unhelpful to your case.

 

Any correspondence you send may be produced in Court and it is unwise to make such comments, which are essentially your opinion and not fact. By all means draw the Court's attention to unfair/unlawful behaviour in your counter-claim, but you must refrain from such commentary. It may well be that a Judge will also reach the conclusion that the Company is sub-standard, but that is for the Court to decide. You don't want to get on the wrong side of a Judge by the tone of letters you have written.

 

I hope this is useful.

 

Regards,

 

Laiste.

[joe1965]

So use the letter by tomterm8 but exclude H.

In counter claim just be precise and factual about the unlawful behaviour by the DCA but make no personal comments.

You are both stars for the help and time you are giving to help.

[Aironaught]

I'm about to send a letter to Black Horse Ltd regarding a hire purchase agreement which they are taking me to court over. (have send acknowledgement & now have until 27th May to file defence)

 

I am after the same sort of information from them so would it be ok for me to use the letter drafted above? Obviously i will modify it for my own circumstances.

 

Thanks:)

[tomterm8]

I am no longer welcome on CAG

[joe1965]

Got until the 29th to have the papers back at Northampton court.

Looking through paperwork I have from Barclays and Moorcroft I get the feeling that they are doing this because I have sent a SAR to Barclaycard and refuse to deal with Moorcroft. The account is only three months in default.

[joe1965]

I have compleated the acknowledgment of service online and now have until the 11/06 to get my defence in to them.

Barclaycard have until Thursday to give me everything I asked for (10 days given to them to reply).

If they have not replied to me by then should I then put in my defence or give them a few days grace?

[joe1965]

I am starting to get worried now. Barclaycard have still not sent any of the information I asked for in my letter and the days are going by quickly to the cut off date.

Can I ask the court to make them supply them to me and ask for the hearing to to be postponed until I have got them? I'm starting to wonder if they have lost my CCA and are stalling so they can get a court ruling.

[joe1965]

If I have asked for my CCA under Civil Procedure Rules do they still have to supply them within the time frame before it becomes unenforcable in court?

[Guest JUMBOPOWERED]

Yes they do. If not you can put one over them.

[rory32]

As jumbopowered says, with regards to the timescales of the CCA1974 - nothing has changed. Their obligations to supply the agreement remain the same.

[friendgeorge]

I had a cc with monument myself years ago and on my credit file it's barclaycard default, i have just sent sar to monument and they sent me a A4 sheet 1/2 coverd with only £200 in charges and i know very well theres hundreds more added, they have told me to contact them i aslo asked for CCA and they did not even mention it, so i'm on to them as well, as the many others, also a quick question on my equifax record i only have 2 credit card debts bt on experian theres 3 i donlt understand which one is the right one, i know it's awful but i have so many debts i don;t know who and how much i actually owe

[joe1965]

I have to get the my defence sent in the next two days so it will get there on time.

Could anyone help with the wording?

I have received no reply from Barclaycard for the info I requested under the disclosure rules (sent special delivery and signed on the 15th May), so should I ask for a stay until they provide the information and provide proof of posting etc and a copy of the letter?

Also do I have to include the statement of earnings with it?

Thanks for any help which can be given.

[joe1965]

bump