Help needed with Appeal V Barclays

[clivey888]

Hi all,

I am doing this on behalf of my partner who is too stressed to deal with this herself and is also not computer literate, Barclays have sold the debt onto hfos

who have filed a money claim online, fact of the matter is that we put in a subject access request last year and hever heard a thing and paid by postal order but didn't check if cashed, nothing was heard until last month when statements was sent for only 6 months followed by noitced of assignment and a default letter 2 weeks later a money claim issued with £600 added mysteriously to the debt.

 

I have also requested a copy of the origonal agreement which was never received but the problem neither was sent recorded delivery, I have to put her defence in by monday but have no info that i requested to form her defence ie: signed agreement, amount of charges added which is over £1000 and debt they claim is £2400 on cc.

 

Can i request that the judge puts a stay on the claim until information requested has been received so i can form her defence.

 

Your help would be greatly appreciated.

[MandM]

Hi C.

 

Can you clarify the dates firstly.

 

What date was the POC dated? Did you file Acknowledement of Service?

 

Will try and help, sure others will be along too

 

M

[clivey888]

Hi,

The poc is dated 10 nov i had 14 days after the 15th to post knowledgement which i did on sunday the 29th nov deadline day i now have untill this sunday to file my defence.

[MandM]

OK. Let's get the court thing sorted 1st then worry about the fight after.

 

On the basis that you are not in a position to defend due to lack of info you're going to need to submit an embarressed defence.

 

Also, you can use CPR to draw the info out of them.

 

Post up some links into your thread to get you up and running.

 

M

[MandM]

Is this BC or bank?

[MandM]

I'm assuming that the POC came with nothing attached!

You need certain info to know what you're defending.

 

Check this post, particularly posts 7, 10 and 26.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/236115-pumpytums-goes-northampton-help.html

 

Pumpy is at a similar stage to yourselves.

 

Get your paperwork ready and don't miss the date.

 

M

[slick132]

Hi Clivey,

 

Please confirm if this is a bank current account, bank loan, or Barclaycard.

 

Use the links posted to Pumpytums thread but adapt anything you use carefully to reflect your own case.

 

Thread moved to Legal Issues forum.

[clivey888]

Hi all thanks for a speady response. according to my dates does my embarrased defence need to be in by friday as the deadline falls on a sunday or is monday fine.

 

The claim is against a barclay card.

 

Here there poc: the claimant hfo capital is a debt purchasing company.

the claim is for monies duue under a regulated interest-bearing agreement. the assignee hfo purchased the defendants acccount and all rights and obligationns attaching thereto from the origonal lender 2007.

the original lender barclaycard, a letter of assignment has been provided to the defendent previously. the claimant also claims interest thereon persuant to s.69 of the county court act 1984 at the rate of 8% up to the date of judgement or earlier payment in full at the rate of 0.44% per day.

contractual interest was accruing on this debt prior to issue and will continue to accrue at the of 12% after judgement.

 

 

May i add she has had no letters for months on end until about 6 weeks ago and never anything about interest. Time is not on her side and starting to panic a little.

 

thanks in advance.

[MandM]

Hi all thanks for a speady response. according to my dates does my embarrased defence need to be in by friday as the deadline falls on a sunday or is monday fine.

 

The claim is against a barclay card.

 

Here there poc: the claimant hfo capital is a debt purchasing company.

the claim is for monies duue under a regulated interest-bearing agreement. the assignee hfo purchased the defendants acccount and all rights and obligationns attaching thereto from the origonal lender 2007.

the original lender barclaycard, a letter of assignment has been provided to the defendent previously. the claimant also claims interest thereon persuant to s.69 of the county court act 1984 at the rate of 8% up to the date of judgement or earlier payment in full at the rate of 0.44% per day.

contractual interest was accruing on this debt prior to issue and will continue to accrue at the of 12% after judgement.

 

 

May i add she has had no letters for months on end until about 6 weeks ago and never anything about interest. Time is not on her side and starting to panic a little.

 

thanks in advance.

 

Hi C,

 

Personally, I prefer it if court docs are in on time. Perhaps you could ring the court to check or maybe someone else on here can confirm. But unless you find out for sure otherwise, let's assume Friday to be safe!

 

Also, are we talking local court (as in hand delivered)?

 

Get the defence together tonight and, as Slick so kindy pointed out, adjust it to suit YOUR situation. Get it up on here if in doubt, i'm sure others will help (without your personals obviously ).

 

Are you saying that the following bit is within the POC?

contractual interest was accruing on this debt prior to issue and will continue to accrue at the of 12% after judgement.

Hopefully, you can get a comment on that also from anyone peeking in.

 

Defence 1st - then do the CPR letters once that bit is safe!!! Very important.

Will catch up with you later.

 

M

[clivey888]

yes the whole lot i mentioned is in the poc,

[clivey888]

refering to the link they state alot about def and termination letters, As this was not mentioned in my poc what can i base my defence on as i have not yet seen documents to form a defence, i just know at this stage that there is a lot of charges on this to claim back....

 

help very much appreciated.

[MandM]

refering to the link they state alot about def and termination letters, As this was not mentioned in my poc what can i base my defence on as i have not yet seen documents to form a defence, i just know at this stage that there is a lot of charges on this to claim back....

 

help very much appreciated.

 

At this moment you are submitting an Embarressed Defence as you are not in possession of the relevant documents needed in order to defend the claim. You will get ample opportunity later down the line to submit a full and particularised defence - in the meantime it gives you the time to draw this information out of them

 

The defence has been updated today and the fuller version is in the same thread on post 32. adapt it to your needs and post it up if unsure.

 

M

Edited December 9, 2009 by MandM

[MandM]

It also gives you time to consider a counter claim

 

M

[slick132]

Hi Clivey,

 

Just to add my opinion - get the Embarrassed Defence into court before they close on Friday. In our experience, the courts tend to let the banks get away with murder when they are late for deadlines but they have thrown CAGgers claims and defences out when submitted late.

 

Don't take that risk, regardless of what the court staff may advise.

 

I don't think they can apply for contractual int't to run after judgement, but this is a minor issue.

 

Get the Defence in.

 

Then seek the info you require about penalty charges, DN, NoA, etc, using the CPR.

 

Moving into Legal Issues forum.

[the_shadow]

As far as I understand it they can only claim contractual interest after judgment IF the original terms and conditions mentioned it AND the default notice stated contractual interest would be added... I think CCA2006 made the amendment to the default notice. I cant remember the CAGGER who mentioned it to me

 

It would seem quite key that you find a copy of the default notice sent to you... as its a barclaycard chances are its a Mercers job in which case you may have an ace to store up your sleeve in relation to non-compliant default notice according to the regulations that govern the CCA.

 

Get the embarrassed defense in and anything you send to the opposing solicitors i.e. CPR letters MUST be sent at least recorded delivery.

 

S.

[clivey888]

thanks for the advice guys i will get this done now and post later.

[clivey888]

ok i have just found a copy of the original agreement a copy sent her last year which i will upload here now as she did tell me that she never received one but obviously did, should i just do the embarrased defence still in light of this?

 

There is no signature on there part i must note if that makes a difference and they haven't dated just the dates next to her signature and i must note also this is an application she filled out there was nothing else.

 

Secondly i phoned the courts and have been told that it needed to be in by tomorrow but they have noted the call and allowed till monday for the defence to be put in as it needs go to northampton not my local court, i shall

send tomorrow am special delivery.

[clivey888]

sorry the letter from HFO states that please find a copy of the application enclosed, So this would still mean that no copy of the agreement has been forthcoming as requested.

[slick132]

Hi Clivey,

 

If you have to respond to Northants, can't you do this on-line if it's from the Bulk Processing Centre. Do this if you can, rather that miss the deadline, despite the phone conversation you had with them.

 

Post up a copy of the agreement when you can, so we can check it over and see if the agreement/application is enforceable or not. This is not as urgent as your Defence, so post it up later.

 

Whether BC signed the agreement or not is irrelevant.

 

Don't address these issues in your Defence. Keep it simple and get it in on time.

[clivey888]

[clivey888]

guys my head is spinnning and getting confused here as the defence i am reading states a few things like about the interest, i have posted again there poc and the defence i am trying to use to help her her, some urgent advice

what to put down needed here please, sorry in advance for being dim.

 

 

Here there poc: the claimant hfo capital is a debt purchasing company.

the claim is for monies duue under a regulated interest-bearing agreement. the assignee hfo purchased the defendants acccount and all rights and obligationns attaching thereto from the origonal lender 2007.

the original lender barclaycard, a letter of assignment has been provided to the defendent previously. the claimant also claims interest thereon persuant to s.69 of the county court act 1984 at the rate of 8% up to the date of judgement or earlier payment in full at the rate of 0.44% per day.

contractual interest was accruing on this debt prior to issue and will continue to accrue at the of 12% after judgement.

 

In the xxxxxxxx County Court

Claim number

 

Between

 

 

xxxxxxxxxxx- Claimant

 

 

and

 

 

 

 

xxxxxxxxxxxx- 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.

 

d) A copy of any termination notice served under section 76 and/or section 98 of the CCA, on the alleged account, has not been served attached to the claim form.

 

e) A copy of any notice of assignment compliant with the provisions of the Law of Property Act 1925, on the alleged account and proof of original service of said assignment to the defendant, 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

 

5. I respectfully request the courts permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim

 

Statement of Truth

 

 

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

 

 

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

 

Date

[clivey888]

another question do they need to serve a termination notice to her if it is a credit card agreement ?

[slick132]

Hi Clivey,

 

I can't see clearly enough from the image above.

 

Does the doc't have your signature.

 

Does it show the APR %.

 

Does it state how much credit you have or how this will be decided.

 

Does it say how repayments are to be made.

[clivey888]

Hi Clivey,

 

I can't see clearly enough from the image above.

 

Does the doc't have your signature.

 

Does it show the APR %.

 

Does it state how much credit you have or how this will be decided.

 

Does it say how repayments are to be made.

 

*The Doc has my partners signature who's agreement it is and mine as i had an additional card.

 

*There is no Apr on the application

 

*No it does not show how much credit or how it will be decided.

 

*No it doesn't show how repayments are to be made.

 

The copy is a bit vague but the only part it mentions anything about an agreement etc is as follows which is located on the bottom left:

 

The parties in this agreement are barclays bank plc, barclaycard, northampton nn1 1sg and the person whose name appears in box number 1on this form, please issue a barclaycard visa card (and pin) to me. I confirm that the information given is true and complete, if my application is accepted i authorise you to issue an additional barclaycard to any person named as an additional cardholder on my account, i authorise you to make any credit reference and other enquiries in accordance with your normal procedures in connection with this application, i agree to be bound by the conditions of use set out overleaf, i understand that i can request not to rec any details of products and services other then from my branch or with my statements by writing to the named address above, i confirm i have read the paragraph headed responsible lending literture and agree you may share info with other lenders about my barclaycard account through licensed credit ref agencies to make credit decisions and prevent fraud.

 

It then states applications signature ''''''' then this is a credit agreement reg by the consumer credit act 1974, sign it if you want to be bound by its terms .........then right to cancel

[MandM]

Hi Clivey,

 

Are you OK with what Slick said i.e.

If you have to respond to Northants, can't you do this on-line if it's from the Bulk Processing Centre. Do this if you can, rather that miss the deadline, despite the phone conversation you had with them.

Gives you a bit more time!!

 

Defence looks OK to me - this is just a holding defence. Leave it up as long as you can and if anyone has anything to add, they will.

 

M