Barclaycard taking me to court via Moorcroft

[tomterm8]

I am no longer welcome on CAG

[joe1965]

Thanks tom

Sent off and waiting now for the court to decide what to do. Any ideas what will happen as Barclaycard won't respond to my request?

[tomterm8]

I am no longer welcome on CAG

[joe1965]

I sent the disclosure of information letter on the 14th May. So they have had 28 days to provide the CCA so far. Only thing is the court is giving them another 28 days to provide the information so does that make any difference to the time scale for them to produce the CCA?

[tomterm8]

I sent the disclosure of information letter on the 14th May. So they have had 28 days to provide the CCA so far. Only thing is the court is giving them another 28 days to provide the information so does that make any difference to the time scale for them to produce the CCA?

 

In practice, it does... they have the 28 days the court gave them. Can you post what the court has ordered (minus personal details).

[joe1965]

Here's a copy of the letter I received Saturday morning. I must admit I'm a bit pi**ed off if they get extra time to try and wriggle out of it as they started the procedings.

[tomterm8]

That looks like a standard court letter. Might suggest you contact Laiste, and ask her if she would like to comment. Seems like maybe you might want to apply to the court to force them to disclose the required information. http://www.consumeractiongroup.co.uk/forum/member.php?u=30892

[Laiste]

Hi Joe,

 

I got your PM. The problem is I cannot read the letter as the text is too small! Can you either enlarge the text or copy and paste the details up on your thread, whichever is easiest and I will come back to you on it.

 

Regards,

 

Laiste.

[tomterm8]

Hi Joe,

 

I got your PM. The problem is I cannot read the letter as the text is too small! Can you either enlarge the text or copy and paste the details up on your thread, whichever is easiest and I will come back to you on it.

 

Regards,

 

Laiste.

 

 

Laiste, it's just the standard letter saying that the court has recieved the defence, and that the claimant may contact Joe direct to attempt to resolve the dispute. if the claimant wishes to proceed he will inform the court, and he has 28 days to make up his mind or the case will be stayed.

[joe1965]

Thanks for answering so quickly Laiste .

Here's what the letter said;

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed, The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

As I have asked for information under the disclosure rules, instead of just passing on a copy of my defence to Barclaycard shouldn't the court be making them provide the information I asked for?

It just seems wrong that Barclaycard start the court process, won't provide information when asked for and then are given another 28 days to sort their paperwork out which should have been in place when they started the process.

[Laiste]

Thanks for answering so quickly Laiste .

Here's what the letter said;

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed, The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

As I have asked for information under the disclosure rules, instead of just passing on a copy of my defence to Barclaycard shouldn't the court be making them provide the information I asked for?

It just seems wrong that Barclaycard start the court process, won't provide information when asked for and then are given another 28 days to sort their paperwork out which should have been in place when they started the process.

 

Your welcome Joe, no problem!

 

What you have to bear in mind is that B/Card intend to be as uncooperative as they possibly can get away with! In their minds, the more they frustrate you, the more likely you are to give in! They want to psyche you out, for want of a better expression and will use your unfamiliarity with the legal process to achieve this.

 

If we consider your situation thus far, you have requested info that they have yet to furnish, that's standard fayre, I'm afraid! They are not being given another 28 days, it is normal procedure that once you file a defence, the Claimant has 33 days days in total (28 + 5 for service) to indicate that they wish to proceed with the claim. One thing you will have to get used to, is that the wheels of justice don't move quickly!:o So if you are an impatient person, I'm afraid it's going to drive you mad! I am not being flippant, it's just I see people getting very annoyed and frustrated and unfortunately there is nothing you can do about the speed at which the legal process moves! I do appreciate that B/Card not supplying info is not acceptable, but once they have exceeded your deadline, you send them a further letter demanding it forthwith. In that letter you also threaten them that you will seek an Order from the Court compelling their compliance. This may or may not produce said info, if not you carry out the threat and the Judge will compel them to furnish said info. Also, their unreasonabless can be used to your advantage, which would be detailed in the Application Notice seeking the Order! So every cloud...and all that! It might be frustrating now, but you can turn the negative into a positive! Judges don't like Companies/individuals that try to obstruct the legal process and it will have a bearing on the case ultimately, given that you will take every "appropriate" opportunity to mention it!

 

It is not incumbent upon the Court to force B/Card to furnish said info unless you have filed an Application Notice stipulating that you require it. Coming back to your original point, for the purposes of starting a claim they no doubt did/do believe they have their paperwork in order; whether or not they have assisted you in filing a defence and c/c by providing you with what you need is quite another matter, I'm afraid!

 

I hope this helps.

 

Regards,

 

Laiste.

[joe1965]

Thankyou for clearing it up for me Laiste, you're a sweetheart.;-)

Just one question, how long should I leave it before asking the court to order them to disclose the info I require? Should I do it now or wait for their 33 days to expire?

[joe1965]

Still heard nothing from Barclaycard. Me thinks they have no paperwork to use in court.

[joe1965]

Phoned the court today.

The case has been stayed as Barclaycard has not been back in contact with them to provide the information I asked for or to respond to the court papers . I have a feeling that they haven't got my CCA and know it will be thrown out if they try to pursue it.

Is there any way to force their hand or to get the court to throw the case out?

[rory32]

How long has the case been stayed for? I presume this is to give Barclaycard more time to come up with the relevant documents?

[joe1965]

it has been stayed for about seven weeks. I don't see why I should have to go through the stress of waiting when they instigated the court case in the first place.

[wobbles1914]

it has been stayed for about seven weeks. I don't see why I should have to go through the stress of waiting when they instigated the court case in the first place.

 

Joe,

 

I think your seven weeks must be up soon. Has there been any progress? Have BC provided anything? Is the stay still in place?

 

Cheers

 

Wobbles

[joe1965]

The stay is still in place and longer they leave it less chance they have to succeed.

[spamheed]

subscribe

[SURFBOY]

Any further news on this yet ?

[joe1965]

Nothing at all. Now going after Experian for letting BC continue to update the default on their records.

[joe1965]

Experian are still letting Barclaycard update my file and are refusing to remove it or edit it to show it is stayed in court.

Any ideas from anyone on what I can do would be helpful.

[joe1965]

Bump.

[joe1965]

Got a letter from Cabot this morning with a cover note from Barclaycard informing me the account had been assigned to Cabot, who in turn inform me they have bought the debt.

This has been stayed in the County Court since 30th August last year! Is it lawful for Barclaycard to sell it on when it is still in court?

[joe1965]

Bump!