Civil Proceedings

[bracknellboy]

Hi,

 

Dont know if anyone can help me but I am being sued by Barclaycard, I denied the case as it is being brought by HFO, on disputing the case their solicitors sent me a deed of assignment, which I've never had. So I then winged off a letter regarding civil proceedings which I found on here and gave them until the 30th May to provide the information required. They have written back saying that it will take there client 8 weeks to compile the information for some unknown reason, What do I do, Do I still report it to the court and ask for a direction or what?

 

Any help would be gratefully received.

[dx100uk]

if you are being sued you will already have a court date....is this the case?

 

what letter did you send? CCA request? if they have sent the deed then other bits like a signed etc credit agreement need to be provided too! before they can take any action

 

dx100uk

[bracknellboy]

hi DK, thanks for your reply

 

Haven't got a date yet just the notice, the letter I sen was as Followes;

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the 30th May 2007, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

c. Where there has been any event in my account history over this period which has required manual intervention by any 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 in relation to my account formerly held with Barclaycard.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information 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 and counter claim.

Yours sincerely,

 

 

They are saying they cant get this information for eight weeks so do I inform the court?

 

 

if you are being sued you will already have a court date....is this the case?

 

what letter did you send? CCA request? if they have sent the deed then other bits like a signed etc credit agreement need to be provided too! before they can take any action

 

dx100uk

[tomterm8]

hi DK, thanks for your reply

 

Haven't got a date yet just the notice, the letter I sen was as Followes;

 

[cut]

 

They are saying they cant get this information for eight weeks so do I inform the court?

 

Ah... I remember that one. It's one of my letters:)

 

Are you sure that they have actually had filed a claim against you, it seems like they've just sent you a notice they intend to start action against you? Have you recieved an actual court claim stamped by the court?

 

If you've not even had a court claim from them, you've jumped the gun somewhat. LOL. I'd send the original creditor a CCA request with £1 P.O.

 

Frankly, the chance that they will start a claim against you after sending that letter is unfortunatly quite slim:(

[bracknellboy]

yeah sure about the court thing, received notice from croydon CC unfortunately.

[tomterm8]

What are your court dates i.e. when did/will you file the acknowledgement, date you need to submit your defence etc?

[bracknellboy]

Dont have a date or anything yet, waiting to hear, but do I let the court know with a copy of the letter i have sent that they are unable to furnish me with the information for at least eight weeks

[bracknellboy]

OK update,

 

Still have no date for listing, although have now had it moved to a court near to me. I have reported HFO to the court twice now for not complying with the civil procedure rule despite giving them more than the 8 weeks they asked for.

 

I have telephoned the court today, and they have told me that I need to complete a N244 with a fee to have the case dismissed.

 

I have just completed this form, and will be sending it tomorrow, the reason that I have given is as follows.

 

"The claimaints have failed to respond to the defendants request for information under the civil procedure rules, dated 20th

May 2007. The claimant replied on the 23rd May 2007 asking for an 8 week window in which to supply such information, this

has still not been received. In light that the claimaint is frustrating my ability to defend this claim along with possibly entering

a counter claim against the claimaint, this case should be dismissed."

 

Any further Ideas. The courts don't want to seem to get involved unless they are paid is this correct?

 

Thanks for any assistance you may be able to give.

[itsamomentintime]

your request for dismissal seems fine to me

 

can tomterm8 concur?

[tomterm8]

You need to enclose a copy of both letters.

 

other than that, seems fine to me.

[bracknellboy]

Hi Everyone,

 

New Update,

 

I'm due in court tomorrow, although I have not received any of the information requested in my correspondence. The court have been most unhelpful so what do I need to take tomorrow in order to get this dismissed or adjourned.

 

Any help would be appreciated

[pt2537]

Hi there,

can i ask when you found out about this hearing?

[bracknellboy]

Hi, Thanks for your reply, I found out about the hearing just before Christmas, but what with one thing and another, and there has been no request for my defence yet, I didn't think the case would go ahead. Unfortunately the solicitors for barclaycard contacted me today to find out if I was going to court of which I said yes.

 

Any advice would be helpful

 

Thanks

[tomterm8]

Hi, Bracknellboy,

 

personally I would go to the hearing with the intention of trying to get the documents you want. You need them for your case. Rather than trying to win outright, discuss the importance of the statements- you intend to counter claim for charges - and the credit agreement.

 

Just sound reasonable, really.

 

Say to the judge that you intend to file a defence - or partially admit claim - when you have the info, but at the moment you have no record showing what you actually owe.

 

If the paperwork does appear tomorrow, ask for a adjournment "so you can consider the new information" and say you intend to amend your defence.

[bracknellboy]

thanks folks.

 

A further update, It's now 7:30am, and I have just received a pack of documents which is there claim sent to my home address. It does not however have any of the information I requested in my original letter, not only that but the statement of truth dated 07th January 2008 refers to payment made in november 2007, the printout and telephone conversation demonstrates that they only found out about the payments yesterday, small and insignificant point, but not very truthful ha.

 

Any ideas would be helpful be fore i have to go to the court.

 

Thanks

[bracknellboy]

hi all again,

 

I attended court this afternoon, and a general adjournment was made with a stipulation that HFO had to provide the information under the civil proceedings request within eight weeks of the case would be struck out.

 

How does that sound?

[bracknellboy]

Oh the other thing that came out in court was that credit cards aren't being pursued as the banks for charges, and that the law is very clear on this, and there charges? any ideas?

[pt2537]

under the circumstances, due to us not having much time to prepare its a good result

 

now its a case of sitting back and waiting, once the last day of the eight weeks expires you need to be on the phone to the court asking for the case to be struck out, the court manager has the power to do this without referring this back to the judge

 

as i said its a result all the same

[bracknellboy]

Thanks pt, you've been real helpful