Barclaycard - County Court Claim**WON**

[bazaar]

Just my ten penneth.

Make sure you have a copy ready for the court as well, I think this would be the first thing any Judge would want to look at

[slick132]

Heather,

 

Baz makes a good point - if you have to appear in court to defend, you should have a file for the Judge which will have copies of all relevant correspondence between you and BC. This is in addition to the file you'll keep for yourself.

 

Saw you looked in early this morning so hope you get the letter off today.

[Heather58]

Thanks guys for your help so far.

 

Sent letter to solicitors Special Delivery today to arrive before 1pm tomorrow. Going to send Barclays copy tomorrow recorded delivery. Do i send to Barclaycard or to Barclays Bank whose address is on Court Summons?

 

Also do I need to do anything yet with the Court Summons papers?

[slick132]

Hi Heather,

 

Send it back to BLT (Barclays Litigation Team) whose address is on the summons.

 

Send acknowledgement back to court - see post #7 above.

[Heather58]

Just an update.

 

My partner has received a reply fto the letter we sent Optima Legal Services who are acting on behalf of Barclays.

 

It says, and I quote:-

 

Dear Sir,

 

Our Client: Barclays Bank PLC Barclaycard

 

With reference to the above matter please be advised that we are currently considering your comments and are taking our client's further instructions. We will contact you in due course.

 

If you require any further assistance in the meantime, please do not hesitate to contact us.

 

Is this a good sign or not?

 

My letter gave them until 7th February to produce all documentation. We need to acknowledge court summons by 12th February.

 

What should we do not, sit and wait until 7th?

[slick132]

Hi Heather,

 

Certainly give them a few more days to give a proper reply. The letter you received was simply an acknowledgement while they take instructions. It's neither good nor bad.

 

The vital part is to ensure the Court gets your Acknowledgement by the 12th, regardless of whether you've had a response from BC or OLS. Make sure you know how to do this beforehand so you can post it in good time by Rec'd or Spec'l Del'y.

[Heather58]

We have option to do online.

[slick132]

Heather,

 

Never heard of that myself but we tend to go for belt and braces here as Barclays have shocking habit of losing stuff.

 

Do it online if you prefer but keep receipt or copy of everything. Also, do you have option to have case heard in YOUR local County Court - if so, do so.

[Heather58]

When I said we can do it online, I meant we can do acknowledgement of service online, they have given us a web address for Northampton Court and a password we have to enter.

[slick132]

Heather,

 

That sounds fine.

 

I take it OLS started the proceedings using MCOL.

[Heather58]

Need some advice - acknowledged court on 11th February to defend claim against Barclays, not heard anything from their Solicitors and we will need to post our defence to court by no later than 21st February. What should we do.

 

Any help appreciated.

[slick132]

Hi Heather,

 

Seeking advice on your next move and will come back.

[Goldlady]

Heather have you had anything back from them after they initially acknowledged your letter? The most important document would be the original consumer credit agreement as without it they are going to have a hard time getting a CCJ.

 

If not, and if you don't receive anything before you need to file your defence on the 21st then you can tell the court that they have not complied with your request and that you are unable to supply a full defence. (There is a much better way of saying so which I will find if no-one else points you to it)

[Heather58]

We have not received any correspondence from the solicitors or Barclays and no phone calls either.

 

As you can appreciate, my partner is getting worried (he's like that) but as I have told him if they have no paperwork to take to court, then theres not a lot they can do.

 

Will need some help to put our defence together as never done anything like this before.

[Goldlady]

Heather there are some helpful posts in this thread of mine.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115750-goldladys-oh-cohens-cl-5.html

My statement that they had not supplied me with information required to complete a full defence was a bit basic, and I have seen much better ones on here. Of course I left everything till the last minute as usual

 

It might be worth sending a PM to Paul (PT2537) as he has a great library of defences etc.

[pt2537]

Hi Heather

 

Alrighty then

 

firstly what was the POCs ?

 

secondly, this is barclaycard right? so were mercers involved? its optima that are taking the legal action?

 

 

do you have a copy of the Default Notice? do you have a copy of any credit Agreement they may be relying upon? if you do can you post a copy on here removing all the personal details first

 

as Goldlady says i do happen to have a couple of defences on file;) but it would be helpful to know what they have to tailor it to your case

 

regards

paul

[Heather58]

Sorry, bit dim this time of night, what is POC's.

 

It is Barclaycard who the debt is to. Mercers were involved originally, but we complained to Barclaycard about the constant harassment from them and all mail and telephone calls stopped.

 

We have had two default notices issued, one by Mercers and one by Barclaycard themselves after they had stopped Mercers harassing us.

 

Next contact from them was the County Court Summons and it is Optima Legal Services name on this.

[pt2537]

Hi Heather

 

OK

 

POC = Particulars of claim.

 

2 Default notices? ok thats interesting, which one came first? mercers or Barclays

 

also any chance you could post copies removing all the personal details first.

 

also have you ever requested a copy of your credit agreement, normally refered to as a CCA request? if you have , did they send a copy, can you post it if they did?

 

finally did they (optima) write to you telling you they were taking legal action?

 

did anyone tell you they were taking you to court ? by anyone i mean mercers or barclays

[Heather58]

Particulars of Claim:-

 

The Claimants claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974 whereby the Claimant provided the Defendant with a credit card and in return the Defendant agreed to pay at least the minimum payment given in the statement. A default notice was served on the Defendant on 25/09/2007. The Defendant has failed to comply with this. The Claimants claim of £10,501.55 is the sum owed plus accrued interest as at 25/09/2007. Demand for payment has been made, however the sum due remains outstanding.

 

The two default notices were issed by Mercers, one dated 25 May 2007 and the second one is dated 25/09/2007.

 

What I thought was a default notice from Barclaycard is in fact a Formal Demand for payment.

 

Only the Formal Demand for Payment Letter says if payment is not made or agreement reached by 20th November 2007, a Debt Collector may call upon you for repayment or legal proceedings may be taken against you in the County Court.

 

Please note, we have continued to make a pro-rata payment direct to Barclaycard, but since they have ceased sending us statements, we don't know what the current balance is or if payments have been credited to the account.

 

PS. How do I upload the default notices to you minus personal information?

[Michael Browne]

Scan it into your computer and open it in Paint or similar program. Edit out the personal information and save it

 

Open an a/c on Photobucket, (here: Image hosting, free photo sharing & video sharing at Photobucket ), download the file of your scan from your computer onto Photobucket and then post the link from Photobucket in your thread here.

 

See how to in section 1.16 (Attach Documents) here:

[/url]How Do I....? A Dummies Guide to the Forum

Edited June 19, 2008 by Michael Browne

[Heather58]

Here are 2 default notices & Formal DEmand for Payment Letter.

 

[slick132]

Well done Heather - I'm sure you'll get a reply tonight or tomorrow.

 

If not, post back and it'll get flagged for urgent attention.

[pt2537]

oh dear,

 

well, i have seen them before, mercers still struggle to accept the concept of complying with the Consumer Credit (Enforcement, Default and Termination Notices)Regulations 1983 (SI 1983/1561) bless them

 

ok well thats good to know that they havent changed their way of working.

 

right,

 

do you have a copy of the credit Agreement?if so can you upload it ?

 

also did the POCs have an account number on it? PLEASE DO NOT TYPE THE ACCOUNT NUMBER a simple yes or no will do

 

sorry about the block caps but last time i asked that question, the op went and put their account number on their thread:)

[saintly_1]

The credit agreement has been requested ........ but not yet been received

[pt2537]

Thanks Saintly,

 

That'll teach me to get off me backside and read the whole thread:eek:

 

i wasn't sure if the copy hadn't been delivered or not so i thought i had better ask. just to be sure