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    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
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Bryan Carter Help!


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Hi ev1,

 

Just a quick note to say B/C received my letter today by g/d. Will have to wait and see what happens within the next 7 days.:|

 

Does anyone know what will happen if he manages to find it?:confused:

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Hi ev1,

 

I have just received a letter from B/C this morning with an attached copy of 'Notice of Discontinuance' which has been forwarded to Northampton County Court that says:

 

 

 

IN THE NORTHAMPTON COUNTY COURT

 

NOTICE OF DISCONTINUANCE OF PROCEEDINGS

 

TAKE NOTICE, that the Claimant hereby wholly discontinues this action against the Defendant.

 

We certify that we have given Notice of Discontinuance of proceedings to every Defendant against whom the Claimant desires to discontinue.

 

BRYAN CARTER & Co

 

Claimant's Solicitors

 

 

 

Just a few Q's:

 

Does this mean that this case is now closed?

 

Can this debt be chased again by other parties or is it now unenforcable?

 

Can I get this cleared off my credit file?

 

Thanx.

:confused:

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Guest Mincemeat

I think you need to keep up the pressure on BC and make him remove the default, (but I'm not too sure how to proceed). A nice result though

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Guest Mincemeat

That is the crux of the matter. You need a statement from BC stating they will no longer pursue this matter and will not sell it on (not that they won't try to do later on). What you need to do is get them to remove any adverse credit info on the CRA's (gosh, I'm full of advice without any actual help today! )

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Symeon,

 

You posted up the details of the letter at 10.02am and posted again before 11.30am! A little patience wouldn't go amiss!:rolleyes: In answer to your PM, I did try to post a response earlier this morning, but I am having problems with my laptop which prevented me from submitting the message, that's all. It's got nothing to do with an intention not to offer any further advice, I'm a grown up, Symeon, credit me with a little more sense!

 

In answer to your questions, the case is over, finished. They cannot raise another case against you on the same facts. You do not need to send a letter to B/C to get them to confirm that they will not pursue you, the NoD has served that purpose. I would also caution against writing to them asking for assurances that they will not sell the debt on, don't give them ideas! I cannot guarantee that they won't do that, however, I think it's unlikely given that the NoD has been issued. They have decided that the case cannot be won, so I think it's safe to say it's over.

 

With regard to the DN, you will need to write to B/C insisting that their client immediately remove it. Tell B/C that that a claim will be filed with the County Court for breaches under the Data Protection Act 1998 and defamation unless it is removed forthwith. That will hopefully do the trick. They have no legal right to keep that marker on your file because by filing the NoD they are in effect saying you don't owe any money. They may try to resist but you have to demonstrate to them in your letter, that not removing it spells BIG trouble for them!

 

Regards,

 

Laiste.:)

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Symeon,

 

You posted up the details of the letter at 10.02am and posted again before 11.30am! A little patience wouldn't go amiss!:rolleyes: In answer to your PM, I did try to post a response earlier this morning, but I am having problems with my laptop which prevented me from submitting the message, that's all. It's got nothing to do with an intention not to offer any further advice, I'm a grown up, Symeon, credit me with a little more sense!

 

 

 

Laiste, why do you feel the need to post such 'childish' remarks?

 

I have never been anything other than polite to you! :-|

 

As for 'being patient', I wasn't rushing anyone. I merely asked you for your opinion which you have given and is a great help apart from your first paragraph!

 

As I said in my PM to you, I would like to thankyou for all the advice you have given me on the case. It is greatly appeciated.

 

Symeon

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Laiste, why do you feel the need to post such 'childish' remarks?

 

I have never been anything other than polite to you! :-|

 

As for 'being patient', I wasn't rushing anyone. I merely asked you for your opinion which you have given and is a great help apart from your first paragraph!

 

As I said in my PM to you, I would like to thankyou for all the advice you have given me on the case. It is greatly appeciated.

 

Symeon

 

Laiste is quite right in what she has said and comments like that only mean that laiste who does this is her own personal time will not be willing to do it anymore, or help anyone else.

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Meshi,

 

As this is the first time you have posted in my thread, I think you should read through it properly!

 

At no point whatsoever have I had a problem with Laiste. She has been a GREAT help to me and her advice is sound.

 

What I am stating is there is no need for sarcastic comments! I fail to see how my comment will as you say prevent Laiste from helping others!

 

IMO, Laiste is a great asset to ppl of this site so unless you want to comment on the actual topic which is Bryan Carter Help!, please refrain from posting in my thread!

 

Regards,

 

Symeon.;-)

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Ok,Ok meshi is protecting the interests of Laiste as we wouldn't want to loose a superb advisor,symeon, Laiste deals with 100's of cases,she was not being awkward with you,just mearly stating that she wasn't ignoring you.and that you would have had your answer to your question..no worries for anyone.:)

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Ok,Ok meshi is protecting the interests of Laiste as we wouldn't want to loose a superb advisor,symeon, Laiste deals with 100's of cases,she was not being awkward with you,just mearly stating that she wasn't ignoring you.and that you would have had your answer to your question..no worries for anyone.:)

 

 

 

I would like to set the record straight once an for all!...

 

I DO NOT HAVE A PROBLEM WITH LAISTE :x

 

I just don't see the need for 'fly' comments! I have never thought Laiste was ignoring me or that she was being 'awkward'.

 

I sent her a PM to break the ice as our last posts to each other were a little heated to say the least!

 

I understand Laiste deals with hundreds of cases and her advice to us is free.

 

That does not however give ppl the right to speak to others anyway they want!

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Can i just say that there are a lot of stressed people on this site and bickering really is not helpful to anyone. We all look at these threads to get help and inspiration from others in the same boat, or from those that are giving up their valuable free time to help us all.:)

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Can i just say that there are a lot of stressed people on this site and bickering really is not helpful to anyone. We all look at these threads to get help and inspiration from others in the same boat, or from those that are giving up their valuable free time to help us all.:)

 

 

Couldn't have put it better myself!;-)

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I have already had to intervene once in this thread due to pointless bickering, please either stick to the subject of the thread, or I will be forced to take more draconian action. Something I would rather not do on a thread that has some extremely valuable input from all sides.

 

 

 

 

 

 

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help please

 

I have previously received a court demand for part of debt - which I foolishly paid

 

i have now received a claim form from court for remainder

 

can i send cca and letter for further information or am i stuffed.

 

also - this is dated 31 may 07 and under bryan carter and co - but i understand that they have now ceased trading from the thread

 

ta in anticipation

John

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Hi all,

 

Does any1 know how long I should be allowing for BC to remove the DN?

 

In my letter requesting removal, I didn't state a deadline I just wrote what Laiste advised saying it should be removed forthwith.

 

Thanx in Advance.

 

Symeon.;)

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Hi again,

 

I have just checked my Credit File and the DN is logged twice.

 

Firstly under FREDRICKSON (which I presume is BC) and secondly under EGG BANKING PLC.

 

Not sure why it has been logged by both companies.:confused:

 

If BC remove the DN as requested then will I still be left with the one from EGG or will my request cover both as it's for the same debt?

 

Thanx Again.

 

Symeon.;)

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Hi again ev1,

 

I would just like to inform ppl that I have apologised to Laiste for my previous conduct.

 

As I said to Laiste, I just see RED whenever I feel someone is getting at me and I always have to be argumentative even when there is nothing to argue about! I've no idea why I do it but it is something I need to (and will) work on.

 

I have re-read the thread and my comments to Laiste and have FINALLY realised that my behaviour was unacceptable and I am very sorry to Laiste as I was wrong and will not happen again!:|

 

Symeon.;)

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Thank you Symeon for having the strength to admit that you were somewhat out of line in your treatment of Laiste.

 

She is superb at what she does and so supportive when you really are desperate for advice.

 

I'm pleased for you that things are going well in your fight to rid yourself of this debt and the adverse remarks on your file.

 

Good luck with the DN removal.

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