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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (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;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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Barclaycard taking me to court via Moorcroft


joe1965
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I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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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?

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I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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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?

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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).

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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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.

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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

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

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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.:)

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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.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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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.

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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.:)

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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?

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  • 1 month later...
  • 3 weeks later...

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?

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

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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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.:mad:

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  • 1 month later...
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.:mad:

 

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

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  • 2 weeks later...

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  • 4 months later...
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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?

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