Court On Wednesday!

[mamatemi1]

I requested my CCA for a barclay loan last Feb. This was not forthcoming annd I stopped my DMP payments in May. Barclays filed against me in October and I requested the CCA again. I was sent an unsigned copy 1 day before deadline 31st December. Called and spoke to someone at end of Feb informing them that copy sent was unsigned. Heard nothing except court stuff so filled in allocation questionnaire and have been sent docs for court on Wednesday which now includes a signed copy!

 

Was made redundant last week on 4 weeks notice so only now able to look at this only have today and tomorrow to sort this out as I would rather not have CCJ while I am trying to find a new job especially as OH has been unemployed for the last 3 months.

 

I thought of phoning Barclays and offering to re-instate DMP payment or should I take my chances in court asking judge that behaviour is unreasonable considering excessive missing of timescales to provide info?

 

Ideas please asap!!!

[mrsfoot]

Mamatemi1, they will not be able to get a ccj against you if they do not show the court a signed copy of the loan agreement.

 

Go to court on Weds and show the judge what you have done in order to receive the agreement. However be aware that the judge will take into consideration the fact that you have been making payments up to May 2007 so you cannot use the "i dont think its my debt" argument. But it s a legal right to have a signed copy of the agreement and they have failed to adhere to that.

You should have followed the process and reported Barclays to OFT and FSA for failing to send the agreement. It is not too late to do this, and i suggest you do so asap. I am sure it can be done online so you will get a response from them to say they are dealing with it so you can show it to the judge.

 

Sort out your paperwork

You need to have a copy of:

1. Each letter you have sent

2. Proof that each letter was recieved by Barclays

3. Any response you may have received

4. Copy of allocation questionairre

5. Copy of paperwork sent to you from Barclays regarding Weds hearing

6. Write an argument summary using the CCA regulations...state what you did, when you did it, why you did it, what should you have got, what did you get and what you respectfully request the court to order.

7. Always have a set of this paperwork ready for the Judge and other side.

 

Hope this helps

[slick132]

Hi Mamatemi,

 

Contacting Barclays now will be a waste of time. However, you could go to court and ask for more time to prepare your defence because Barclays failed to provide the CCA doc's when required and you have only now rec'd a copy of the doc'ts from the court

 

You need to post up a copy of the CCA documents which they will rely on at the hearing. Scan it using Photbucket and post a link here. If you've not done this before see here - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Did you file any defence with the court in response to the bank's claim. If so, what did you say.

 

Can you also post up Barclays Particulars of Claim.

 

Blank out any personal details from doc'ts which you post for us to see.

[mamatemi1]

Thanks guys!

[mrsfoot]

Hi Mamatemi1

How did it go on weds??

[mamatemi1]

Badly, hung around for nearly 3 hours and judge said 3 weeks was enough time for me to act on documentation( even though I waited a year for it!) and gave summary judgment in favour!

[slick132]

Very sorry to see this.

 

You could still post the CCA response doc'ts to see if they conform. We can get them checked and you could appeal, if we thought your case was strong enough, to get the CCJ set aside.

[mrsfoot]

Sorry to hear this, great advice from Slick123

[slick132]

When you put a copy of the Credit Agreement for us to see after hiding your personal details, please confirm that you are satisfied the signature is yours.

 

So often, they are unable to produce a copy at all yet, in your case they apparently have 2 copies, 1 signed and 1 not !!??

[mamatemi1]

Sorry for the silence, things are a bit tough around here. The documents arre correct, it just took a year to produce them and judge did not accept that they had a case to answer for the delay. I got my judgement through the post and have to pay in full by 8th August which of course is not poss as OH is on job seekers and I was made redundant in june.

How long do I have to apply for a variation on the order?

[slick132]

Hi Mama,

 

Sorry to hear of this.

 

HOWEVER, why not copy the Credit Agreement here (remove personal info) so we can have it checked over.

 

I take it you were satisfied the signature was yours, re my post #9 above.

[citizenB]

Well done, congratulations. This was very good news to read on a wet n windy Monday morning.

 

 

I think this should be moved to the success forums:-D and possibly merged with your original Barclays thread.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/150999-court-wednesday.html

Edited October 20, 2008 by citizenB

[citizenB]

mamatemi1 was successful 2nd time round.

 

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/164876-court.html#post1772717