Barclaycard - County Court Claim**WON**

[Heather58]

No account number on POC.

 

AS Saintly said, I sent off letter which is in earlier part of thread and we have received nothing.

 

We don't have a copy of the agreement as to be honest my partner has held this card for as long as he can remember - 13/14 years.

[pt2537]

No account number on POC.

 

AS Saintly said, I sent off letter which is in earlier part of thread and we have received nothing.

 

We don't have a copy of the agreement as to be honest my partner has held this card for as long as he can remember - 13/14 years.

 

Ah well that's good for starters, you should always include the account number on the POC's, just a tip for any of Optima's legal staff who may be reading:lol:

 

 

and as for the credit agreement, whilst i cannot be 100% sure, i would be very very surprised if they actually had a fully legible copy, many of the agreements ive seen from that time have not had any prescribed terms on them etc

 

i have a few bits and bobs to do today but when i get a minute i will post a suggested defence to use

 

 

 

regards

paul

[Heather58]

Many Thanks PT. Thanks for all your help so far.

[Heather58]

I have contacted Norhtampton Bulk Court Centre this morning and my partner's defence has got to be with them by 26th February 2008.

 

I appreciate you have other things to do but if you could help out with the defence, it would be appreciated, as I haven't a clue.

[pt2537]

I have contacted Norhtampton Bulk Court Centre this morning and my partner's defence has got to be with them by 26th February 2008.

 

I appreciate you have other things to do but if you could help out with the defence, it would be appreciated, as I haven't a clue.

 

Heather,

 

Dont panic,

 

i will have something uploaded when i get a mo , you will have a defence to use by the end of tomorrow

 

then its up to you to post it;)

[Heather58]

Many Thanks PT.

 

Not panicking, I don't do panicking, my partner does that.

[pt2537]

.........

[pt2537]

Heather

 

if you have seen the defence i posted and downloaded it, i have made an amendment and you need to re copy it as there were a few minor bits within the defence that needed tweaking

[Heather58]

Have read and re-copied the defence, unfortunately its a bit in depth and way over my head I think but if it works in our favour, brilliant.

 

Thanks for the time and work you have put in, it is greatly appreciated.

 

There are a couple of questions I have:-

 

3a) the particulars of claim does mention a default notice was served on defendant on 25/09/07, is this paragraph still correct?

 

5) It states we requested a true copy fo agreement, the only time we asked for an agreement is when we sent out the CPR letter, plus what are the exhibits I am to attach?

 

10) Do I just tyope in this paragraph?

 

12) It states Mercers transferred to Optima Legal Services and that they wrote to us threatening legal action. This is not the case - we did not know the matter had been passed to Optima until we received the Court Claim with their name on it. We have never requested an agreement other then from the CPR letter

 

14) Copy of request marked IC02 - what is this?

 

31) Default notice does contain last statement regarding contacting solicitor, I only sent you through front page, but I can confirm it is in lower case and is not exactly written as you have put.

 

Other than clarifiation of the above I am ready to send.

 

Many Thanks

[pt2537]

Have read and re-copied the defence, unfortunately its a bit in depth and way over my head I think but if it works in our favour, brilliant.

 

Thanks for the time and work you have put in, it is greatly appreciated.

 

There are a couple of questions I have:-

 

3a) the particulars of claim does mention a default notice was served on defendant on 25/09/07, is this paragraph still correct? ok, well that is easily resolved, simply edit this part or any default notices issued

5) It states we requested a true copy fo agreement, the only time we asked for an agreement is when we sent out the CPR letter, plus what are the exhibits I am to attach? ok so you DIDNT CCA them? i was under the impression that you had:confused:, well that makes a huge difference ,if its not true then it must be removed

 

10) Do I just tyope in this paragraph? you include it as laid out, i will amend the hyperlink so it gives the full web address

 

12) It states Mercers transferred to Optima Legal Services and that they wrote to us threatening legal action. This is not the case - we did not know the matter had been passed to Optima until we received the Court Claim with their name on it. We have never requested an agreement other then from the CPR letter OK well in view of this it needs a wholesale edit i think

 

14) Copy of request marked IC02 - what is this? ah my mistake, IC02 was the reference from another defence, you would substitue this for you initials

 

31) Default notice does contain last statement regarding contacting solicitor, I only sent you through front page, but I can confirm it is in lower case and is not exactly written as you have put. well the Regs require the wording EXACTLEY as i put them to be compliant

 

Other than clarifiation of the above I am ready to send.

 

Many Thanks

 

Hi heather, it would help if i started by explaining i have written 5 or 6 defences recently relating to Barclays,mercers and optima. so i copied much of the key parts from these defences to form your, it was easier than typing it out by hand,plus my time constraints etc

 

 

right this needs a small tweak again,

 

this is the main problem with doing this kind of thing at a distance, you do get these problems but they are easily sorted

 

leave it with me and i will edit and repost

 

regards

paul

[pt2537]

In the xxxxxxxx County Court

Claim number

 

 

 

 

 

Between

 

xxxxxxxxxxx- Claimant

 

and

 

 

- Defendant

 

 

 

Defence

 

1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx

 

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due,or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

4. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof

 

 

 

The relevant Act of Parliament in this Case

 

5. Firstly I will address the issue of which Act is relevant in this case, in case it is suggested that the claim falls under the Consumer Credit Act 2006, it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect. since the agreement would have commenced prior to the inception of the Consumer Credit Act 2006, section 15 of the 2006 Act has no effect and the Consumer Credit Act 1974 is the relevant act in this case.

 

6. For the avoidance of any doubt I include the relevant section of the 2006 Consumer Credit Act (Except taken from http://www.statutelaw.g ov.uk/content.aspx?LegType=All+Legislation&title=consumer+credit+act++2006&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2459360&ActiveTextDocId=2459451&filesize=643 accessed Thursday 21st February 200 8)

 

11 The repeal by this Act of-

 

(a)the words "(subject to subsections (3) and (4))" in subsection (1) of section 127 of the 1974 Act,

 

(b)subsections (3) to (5) of that section, and

 

©the words "or 127(3)" in subsection (3) of section 185 of that Act,

 

 

has no effect in relation to improperly-executed agreements made before the commencement of section 15 of this Act.

 

 

7. Therefore the Consumer Credit Act 2006 is not retrospective in its application and has no effect upon this agreement and the Consumer Credit Act 1974 is the act which this agreement is regulated by

 

The Request for Disclosure

 

8. Further to the case, on xx/xx/2007 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action.

 

9. To Date the claimant has ignored my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person ( a copy of the request is attached to this Defence marked heather58 01)

 

The importance of a copy of the credit agreement and its production before the court

 

 

10. Under the Consumer Credit Act 1974 there are certain conditions laid down by parliament which must be complied with if such agreement is to be enforced by the courts

 

11. Firstly, the agreement must contain certain Prescribed terms under regulations made by the Secretary of State under section 60(1) CCA 1974, the regulations referred to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)

 

12. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

13. It is submitted that if the credit agreement supplied falls foul of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) in so far that the prescribed terms are not contained within the agreement then the court is precluded from enforcing the agreement. The prescribed terms must be with the agreement for it to be compliant with section 60(1) Consumer Credit Act 1974. In addition there is case law from the Court of Appeal which confirms the Prescribed terms must be contained within the body of the agreement and not in a separate document

 

 

14. I refer to the judgment of TUCKEY LJ in the case of Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299

 

"[11] Schedule 1 to the 1983 Regulations sets out the "information to be contained in documents embodying regulated

consumer credit agreements". Some of this information mirrors the terms prescribed by Sch 6, but some does not. Contrasting

the provisions of the two schedules the Judge said:

 

 

"33 In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s 61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement. More detailed requirements, which

are designed to ensure that the debtor is made aware, so far as possible, of specified information (including information contained in the

minimum terms) are to be found in Schedule 1."

15. If the agreement does not contain these terms in the prescribed manner it does not comply with section 60(1) CCA 1974, the consequences of which means it is improperly executed and only enforceable by court order

 

16. Notwithstanding point 13, The agreement must be signed in the prescribed manner to comply with s61 (1) CCA 1974, if the agreement is not signed by debtor or creditor it is also improperly executed and again only enforceable by court order

 

17. Therefore the claimant must provide a copy of the agreement compliant with the regulations as laid out in points 10 to 16 of this defence to have any right of enforcement.

 

The courts power of enforcement

 

18. The courts powers of enforcement where agreements are improperly executed by way of section 65 CCA 1974 are themselves subject to certain qualifying factors. Under section 127 (3) Consumer Credit Act 1974 the requirements are laid out clearly what is required for the court to be able to enforce the agreement where section 65(1) has not been complied with

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

 

19. Further more the courts attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced

 

20. With regards to the Authority cited in point 16, I refer to LORD NICHOLLS OF BIRKENHEAD in the House of Lords Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul)

 

 

28.........I should outline the salient provisions of the Consumer Credit Act 1974. Subject to exemptions, a regulated agreement is an agreement between an individual debtor and another person by which the latter provides the former with a cash loan or other financial accommodation not exceeding a specified amount. Currently the amount is £25,000. Section 61(1) sets out conditions which must be satisfied if a regulated agreement is to be treated as properly executed. One of these conditions, in paragraph (a), is that the agreement must be in a prescribed form containing all the prescribed terms. The prescribed terms are the amount of the credit or the credit limit, rate of interest (in some cases), how the borrower is to discharge his obligations, and any power the creditor may have to vary what is payable: Consumer Credit (Agreements) Regulations 1983, Schedule 6. The consequence of improper execution is that the agreement is not enforceable against the debtor save by an order of the court: section 65(1). Section 127(1) provides what is to happen on an application for an enforcement order under section 65. The court 'shall dismiss' the application if, but only if, the court considers it just to do so having regard to the prejudice caused to any person by the contravention in question and the degree of culpability for it. The court may reduce the amount payable by the debtor so as to compensate him for prejudice suffered as a result of the contravention, or impose conditions, or suspend the operation of any term of the order or make consequential changes in the agreement or security.

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and 63, section 127(4) precludes the court from making an enforcement order.

 

30. These restrictions on enforcement of a regulated agreement cannot be sidestepped.....

 

And further more

 

36. In the present case the essence of the complaint is that section 127(3) of the Consumer Credit Act has the effect that a Regulated agreement is not enforceable unless a document containing all the prescribed terms is signed by the debtor

 

49. ".............The message to be gleaned from sections 65, 106, 113 and 127 of the Consumer Credit Act is that where a court dismisses an application for an enforcement order under section 65 the lender is intended by Parliament to be left without recourse against the borrower in respect of the loan. That being the consequence intended by Parliament, the lender cannot assert at common law that the borrower has been unjustly enriched.

 

 

50. This interpretation of the Consumer Credit Act accords with the approach adopted by the House in Orakpo v Manson Investments Ltd [1978] AC 95, regarding section 6 of the Moneylenders Act 1927 and, more recently, in Dimond v Lovell [2002] 1 AC 384, another case where section 127(3) precluded the making of an enforcement order. In Dimond's case the restitutionary remedy sought was payment of the hire charge for a replacement car used by Mrs Dimond. The House rejected a claim advanced on the basis of unjust enrichment. Lord Hoffmann observed that Parliament contemplated that a debtor might be enriched consequential upon non-enforcement of an agreement pursuant to the statutory provisions. It was not open to the court to say this consequence is unjust and should be reversed by a remedy at common law: [2002] 1 AC 384, 397-398.

21. Since the judgment of Lord Nicholls of Birkenhead clearly sets out that without a credit agreement the claimant's case cannot succeed

 

22. Therefore I respectfully request that the court order the claimant produce the original signed agreement before the court to show the form and content of it and that it complies with the regulations referred to in this defence, otherwise the courts powers of enforcement are surely limited in these circumstances

 

23. Should the claimant be unable to produce the original agreement signed by both debtor and creditor and containing the prescribed terms, I request that the court uses its powers under section 142 Consumer Credit Act 1974 and declare the agreement as unenforceable.

The Need for a Default notice

 

24. In addition to the credit agreement being irredeemably flawed, the default notice served under s87 (1) Consumer credit act 1974 failed to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)

 

25. Section 2 (5) and (6) of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 sets out the following

 

(5) Where any statement is required to be in a form specified in a Schedule to these Regulations and is reproduced in the notice, then apart from any heading to the notice, trade names or names of parties to the agreement-

 

(a) the lettering in the statement shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in the notice; and

 

(b) where words are both shown in capital letters and underlined in any statement specified in a Schedule to these Regulations, they shall be afforded yet more prominence.

 

(6) The wording in any such statement shall be reproduced in the notice without any alteration or addition, and in relation to any statement to be contained in the notice the requirements of any note shall be complied with, except that the words "the creditor" may be replaced by the name of the creditor, by the expression by which he is referred to in the agreement or by an appropriate pronoun, and any consequential changes to pronouns and verbs may be used.

26. The default notice served by Mercers on behalf of the Creditor did not contain the required statements in the required form for the following reasons

 

The notice failed to set out the name and a postal address of the creditor or owner as laid out in schedule 2 of the regulations, regulation 2(2) paragraph 2

 

the notice also failed to include the following statement

 

"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH

 

as required by paragraph 4, in the claimants version the statement is set out in lower case and therefore contrary to the regulations

 

also the notice failed to set out the notice required by paragraph 5

 

"IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]"

 

again in the claimants version it is lowercase and not as prescribed

 

 

finally the document does not contain A statement in the following form--

 

"IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVICE BUREAU".

 

 

27. I note that the regulations do not allow any variation in the form of these statements and there fore it is suggested that where the statements are not as laid down in the regulations the default notice is invalid and further enforcement action should not be taken until such time as a complaint notice be issued

 

28. For a creditor to be entitled to terminate a regulated credit agreement where there is a breach, demand repayment in full or take any legal action to recover any monies due under the agreement, a creditor must serve a Default Notice under section 87(1) CCA 1974 which states

 

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a "default notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,-

(a) to terminate the agreement, or

 

(b) to demand earlier payment of any sum, or

 

© to recover possession of any goods or land, or

 

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

 

(e)to enforce any security.

29. I note the opening part of section 88(1), which states

 

88. Contents and effect of default notice.

 

- (1) The default notice must be in the prescribed form....... The word must makes it clear that no variation is acceptable. Therefore it cannot be dispensed with as a De Minimus issue

 

30. In the case of Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339 in the Court of Appeal, the court addressed in some detail the issue of the contents of a default notice and should the notice fail to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) it would render the default notice invalid I quote the comment of KENNEDY LJ: "This statute was plainly enacted to protect consumers, most of whom are likely to be individuals" the judgment appears confirm the consumer credit legislation made under the Consumer Credit Act 1974 as plainly enacted and set out to offer protection to the consumer. Therefore it is suggested that the failure of the claimant to set out the default notice in accordance with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) should render it invalid

 

Conclusion

 

31. In view of matters pleaded, I respectfully request the court give consideration to striking out the claimants case pursuant to part 3.4

 

 

(2) The court may strike out a statement of case if it appears to the court -

 

(a) That the statement of case discloses no reasonable grounds for bringing or defending

(b) That the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or

© That there has been a failure to comply with a rule, practice direction or court order.

32. If the court considers it inappropriate to use its case management powers, it is requested that the court order the claimant to produce the original documents before the court.Without production of the requested documents the case can not be dealt with justly and fairly, and will severely prejudice my rights to a fair trial

 

33. Having instigated these proceedings without any legal basis for doing so, having failed to provide sufficient information required under the pre-trial protocols in order to investigate this claim, or indeed to provide a reasonable time period to investigate this matter, and having failed to investigate a dispute as required by the OFT Debt collection Guidelines I believe the Claimant's conduct amounts to unlawful harassment under section 40 of The Administration of Justice Act 1970. Furthermore, the Claimant's behaviour is entirely vexatious and wholly unreasonable.

 

 

 

 

 

 

 

 

 

Statement of Truth

 

 

I xxxxxxxxxxx, believe the above statement to be true and factual

 

 

Signed .....................

 

Date

 

 

Hello Heather,

 

have a read through and see if that is a more accurate reflection please ?

[Heather58]

PT, I am just going through the defence now that you have redone. I have got to No. 20, after that the numbers seem to go out of sync, is this right, could you please check.

 

Many Thanks

[pt2537]

Hi heather , i dare say its the formatting that has thrown this out of sync

 

i will go through and correct it

 

Regards

paul

[Heather58]

Evening PT.

 

Just gone through defence and checked it as going to send special delivery tomorrow as it has got to be at court by Tuesday. Just before I print it off - Item 6 do I just put what you have put and also what date goes in there?

 

Also do I just send this defence, do I need a covering letter of any sort?

 

Also, what happens next?

[pt2537]

Evening PT.

 

Just gone through defence and checked it as going to send special delivery tomorrow as it has got to be at court by Tuesday. Just before I print it off - Item 6 do I just put what you have put and also what date goes in there?

 

Also do I just send this defence, do I need a covering letter of any sort?

 

Also, what happens next?

Hi Heather

 

point 6 type the link as is , that is to show that you have done your homework and are aware that the CCA 2006 does not repeal the 1974 act

 

as for the date, just use the one i used there, it was the last date i accessed the page just to check it was still relevant and law

 

 

once the court has your defence it will send it to the other side, who then have 28 days to inform the court if they want to proceed or not, if the court doesnt hear from the other side then the case will be stayed

 

regards

paul

[Heather58]

Does my partner need to sign his proper signature or can he print, as if this gets sent to other side, is there not a chance they can copy his signature and add it to documents of theirs?

[pt2537]

No he can print his name thats not a problem

[Heather58]

Many Thanks PT.

 

Off it will go tomorrow and fingers crossed, it goes in our favour.

[pt2537]

Heather ,

 

Speaking from experience, its best to have a final proof read to make sure it makes sense in the morning

 

i will be online all day tomorrow so if you need to clarify anything then just shout and i will take a look when im free

 

Good luck, let us know when anything happens

 

Regards

paul

[Heather58]

Hi PT.

 

Have gone through defence and all seems to read OK.

 

Have got it ready to post at lunchtime.

 

Do I have to send anything with it, ie. the defence part of the form issued by the court or do I just send it on its own?

[pt2537]

ok heather,

 

you need to send it with the Defence form N9B as its a fixed sum that is disputed

 

the form is here http://www.hmcourts-service.gov.uk/courtfinder/forms/n9b_0406.pdf but you should already have a copy with the claim pack

 

regards

paul

[Heather58]

I assume I tick box for disputing full amount?

[gh2008]

I assume I tick box for disputing full amount?

 

yes

[Heather58]

This may be a stupid question but while my partner is waiting on the courts, should he still pay the pro-rata payment he offered Barclaycard when he got into financial difficulty?

[gh2008]

No, you don't have to as the account is in dispute because they're taking you to Court and you are defending. They are also still in default of your request for a copy of the agreement.