Advice please - court papers received Barclays credit card/ ** CLAIM STRUCK OUT**

[Genelover]

I would be grateful for any help anyone could offer as things seem to be getting quite serious now!

 

I had Mercers on my back for months whilst I wrote to them & Barclaycard asking for CCA. After months of this rigmarole, they finally sent me printed copies of terms and conditions, etc, nothing with a signature on. I wrote back and asked whether they were in possesion of a signed CCA, and to confirm in writing and provide a copy. This was in Feb 08, and heard nothing until a couple of weeks back when I had a letter from CL Finance.

 

I wrote to them on Monday explaining account in dispute etc, but the follwoing day I received papers from Northampton County Court. This is quite a large debt (12k) and I'm quite scared now as I didn't think they'd take it to court if they didnt have the CCA. I've had this card for about ten years, and I did initially make them an offer of £30 a month which is all I can afford, which they refused, thats why I decided to go down the CCA route.

 

Can anyone suggest anything?!!! Please!

[cerberusalert]

Have a read through http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

[twofoot]

Try not to worry, just make sure you defend their claim in full. Make sure you acknowledge the claim then you have a bit more time to send in you defense. Not my area really but without a CCA they are goosed. You may need to send off for that CCA using CPR rules. If You've had the card a few years they will struggle so don't worry. Someone with more experience will soon be onboard for proper advice. Couple of things they'll need to know is things like default dates and notice of assignment etc.

[Out4Revenge]

and don't sign anything you send to them

[Genelover]

Thank you, I will dig out all my paperwork, the whole thing has been dragging on for ages. I'm really scared about going to court, is there a chance they might change their minds if I send in a defence?! I know that probably sounds really naive! And would I have to go to Northampton?!

 

You are all so kind and helpful, I really do appreciate all this help!

[sunflower99]

Hi Genelover!

Ive seen quite a few threads about cl fiance!and they quite often throw out court summons like confetti! Howeve when the vicitm shows they know their rights fills out defence form giving a good defence with help of this forum in a lot of cases i notice! Cl fiance do a runner! They fail to follow things through and do loads of things wrong like failing to respond to cpr request etc and usually in the end it gets struck out by judge! If you look at creditcardmugs threads you will see how they crossed swords with them and ended up having case put aside!

[sunflower99]

Thank you, I will dig out all my paperwork, the whole thing has been dragging on for ages. I'm really scared about going to court, is there a chance they might change their minds if I send in a defence?! I know that probably sounds really naive! And would I have to go to Northampton?!

 

You are all so kind and helpful, I really do appreciate all this help!

I think once you put in defence and fill out form showing you going to defend etc the case gets automaticaly allocated to a court in your area

[sunflower99]

Though i am sure someone knowledeable will come along to help you .to double check everything You ought to get your post in legal forum so that all the experts can see your post

[Genelover]

thanks sunflower - I feel so much better now! I'm not sure how to move the thread! The court papers say it was assigned on 20th Jan 09. I'm not sure what a CPR request is? Also it says I can respond online, is it better to do this?

[sunflower99]

thanks sunflower - I feel so much better now! I'm not sure how to move the thread! The court papers say it was assigned on 20th Jan 09. I'm not sure what a CPR request is? Also it says I can respond online, is it better to do this?

Hi Genelover!

Ive not yet recieved a summmons yet but going by other peoples threads it is quite an easy process to file your defence online.You should have got an unique link and claim number i beleive which will be in your summons,I would do it online if i get one.I think if you message one of the site members they willl move it onto legal forum.

[sunflower99]

A cpr request is a request made under civil procedure rules i believe for important documents from cl fiance which will help you in court such as your CCA

[PGH7447]

Hi Genelover, you need to post up the details of the poc for folks to look at and any default notice sent.

 

also acknowledge the claim on line at MCOL, and state you are defending the claim this give you 28 days to get a defence in, also send ClueLess and I presume Howard Cohen a cpr31 request for details of the debt.

 

Can a mod please move to the legal forum where people better placed can advise.

 

Dont worry I am several stages ahead of you with these morons and am still awaiting my AQ which they have to have sent by last week so I will wait nother week or so then contact the court for a stay.

 

Also you get the case transferred toy your local court Northampton is just a bulg clearing centre

[sunflower99]

http://www.consumeractiongroup.co.uk/forum/legal-issues/162249-mbna-cca-agreement-help-23.html i have just put up a link to Gazza thread who is exactly in same boat as you in case you interested.His account was an MBNA one but got assigned to cl fiance and he has just received a court form like you and getting lots of help and advice on his thread now which you may find interesting !

[havinastella]

WHAT DATE have the Court papers got on them???

 

You say JANUARY, you may already have judgement against you if this is the case.

 

 

JOgs

[creditcardmug]

Hi, as has been said above, let us know what date is on the claim, and type up the Particulars of Claim (leave out anything which could identify you)

 

Have you acknowledged service yet?

[Genelover]

I'm overwhelmed by all your responses, thank you so much, don't feel alone any more! Its so reasuring to know others have been through all this and are prepared to help me.

 

Think Ive got a bit confused, the papers say it was assigned to the claimant on 20th Jan 09, but the issue date is 24th March. Ive found a great letter on here, 'request for information CPR18' which I'll send recorded on Monday. Should I register my online defence first? And what do I give as a reason? Non-compliance with CCA 1974?

 

It just so happens that I wrote to CL Finance the day before I received this advising them I was still awaiting a reply from Barclaycard, so I'm fingers crossed this might delay things a bit, although I realise that I'm probably going to have to be brave and front it out in court.

 

The particulars basically state 'The claimant's claim is xxxxx. being monies due from the defendant under a regulated credit agreement between the defendant and Barclays Bank PLC T/a Barclaycard under ref xxxxxxxx and assigned to the claimant on 20th January 2009.

 

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the Defendant pursuant to section 87(1) of the Consumer Credit Act 1974.'

 

I think if they had the CCA they would have sent it? Ive had this card a long time, and always kept (more or less) on top of the payments, but the minute Im in real trouble and my house is on the line, they werent prepared to accept my offer, so I really have no qualms about trying to get out of this!

 

So am I doing right in sending the CPR 18 and then just seeing what happnes next?

[PGH7447]

use the cpr31

[creditcardmug]

Hi, as said above send the CPR31.14 request to cohens,send by recorded keep the receipt

 

Make sure you acknowledge service online that you intend to defend all of the claim, dont enter a defence yet, you will have 33 days from the date on the claim form to file your defence, do it about a week before the due date

[Genelover]

Thank you, I will do that. Sorry, where can I find CPR31 please?

[cerberusalert]

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

[Genelover]

Thank you:)

[Genelover]

Fourteen days now since I sent CL Finance the CPR 31 and still no reply! Should I sit back and do nothing? When should I file a defence, or do I ask for a stay as I've read in other threads?

 

As always, any advise greatly appreciated!

[creditcardmug]

Can you confirm, the date on the claim form is 24th march?

 

Can you confirm you have acknowledged service stating you are defending ALL of the claim, and that you have not yet entered any sort of defence?

 

You must file a defence, in time, otherwise they will get default judgement against you

[Genelover]

Correct on both counts, the issue date on the court papers is 24th March and I have acknowledged online but not sent a defence yet.

 

I've read anout 'notice of assignments' on other threads and checked through my paperwork. I've never had one, though I did have a 'notice of pending legal action' form Howard Cohen dated 23rd February. Does the lack of a NOA (whatever that is!) make a difference?

[creditcardmug]

I make it 26th April as the max date to file, you need send it by SD early next week, ill work on it.

 

If you look on the welcome letter from Lewis, you will see a box with tiny print, this is their feeble attempt at NOA.

 

Standby

 

Sorry just amended post its next week, not this week

Edited April 14, 2009 by creditcardmug