Barclaycard DCA and now DCA launched CC action - quick help needed

[Vincedomingo]

I defaulted on Barclaycard about 18 months ago

I heard very little other than the odd letter about account termnination

There was a letter about debt going to a DCA some months bac and endlesss phone calls I did not answer.

Then Saturday a County court letter from Northampton arrived with a DCA I don't recognise out of the blue with no warning so I 14/28 days to defend.

 

I am going to try and defend the action

I am also going to ask for a SAR but unlikely to get that before the court hearing

One thing I can determine is that as I took out the barclaycard in 1973 or maybe 72 they have no record of the original agreement. Is this a valid line of defence? The CCJ refers only to the acct number I think with nothing else.

 

Please some wise advice! time is running out.....

[slick132]

Hi Vince,

 

I'll move this to the Legal Issues forum for you.

 

You should be able to write to the solicitors that filed the claim, to get copies of the credit agreement and all a/c data.

 

Do you have all your a/c statements enabling you to identify all penalty charges applied to the a/c whenever you missed payments. These can be reclaimed in full.

 

Has there ever been PPI on the a/c which you could reclaim.

 

[DonkeyB]

Who is the debt buyer? Sounds like a Milton Keynes job...

 

On what grounds are you defending?

[Vincedomingo]

Grounds to defend - no signed agreement was going to be primary defence, no assignment of MKDP as debt collector also

[DonkeyB]

What’s the background to it? Did you encounter financial difficulties? Did you try and sort it out with Barclaycard? Any letters before action?

[Vincedomingo]

What’s the background to it? Did you encounter financial difficulties? Did you try and sort it out with Barclaycard? Any letters before action?

 

yes I ran into severe financial difficulties in 2010. I had very little contact with Barclaycard other than the odd letter and letters from DCA's. I asked B'card for details of the original agreement, which they did not send. I don't remember a letter before action although I will dust off the letters and check - the last communication was 9-12 months ago. I've had no discussion about part payment only about full payment - and an amount more than I though I owed. Definitely no PPi I did not SAR them, I'm about to do that but it won't fit in the timescale of the CCourt letter I have recieved

[ims21]

So the guys can help quicker, can you please post up their Particulars of Claim as it appears on the claim form please.

 

As slick says, there are likely to be unlawful charges on there which you can reclaim.

 

Do you have any statements at all?

 

You have some strict time-lines to adhere to now....what is the date of issue on the claim form?

[Vincedomingo]

So the guys can help quicker, can you please post up their Particulars of Claim as it appears on the claim form please.

 

As slick says, there are likely to be unlawful charges on there which you can reclaim.

 

Do you have any statements at all?

 

You have some strict time-lines to adhere to now....what is the date of issue on the claim form?

 

The claim The Claimant claims the sum of XXXX being monies due from the defendant under a regulated agreement between the defendant and barclay card {16 digit number - look like acct reference} notice of which has been supplied to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the CCA 1974 The claimant claims the sum of XXXX and costs. The claimant has complied as far as necessary, with the pre-action conduct practice direction I'll check what letters I have , The claim is dated 2 October. I have no statements.

[Vincedomingo]

Addtional: Its some DCA in M Keyeens referred to elsewhere on the Barclaycard listing

[Vincedomingo]

anyone?

[slick132]

Hi Vince,

 

In the absence of other comments, I suggest you read here about using CPR 31.14 - http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage&p=1707671&viewfull=1#post1707671

 

You don't need to send off a CCA request for the credit agreement , or a SAR to get a/c data - you can request it using CPR31.14.

 

[Bandit127]

I am no expert.

 

But - the post in the link above doesn't seem to oblige them to prove the sums owing, so you could add that requirement too. A full statement of account showing all credits, debits and charges to the account, since inception.

[slick132]

The link in post #11 is to a Sticky thread regarding CPR 31.14 requests.

 

The request is a means of obtaining info and/or documents regarding matters raised in the court claim.

 

Asking the bank to provide proof of the sums allegedly owed is a matter to be raised in a Defence.

 

[Dotty50]

http://www.consumeractiongroup.co.uk/forum/showthread.php?349319-Claim-issued-will-need-some-help-please!&highlight=

http://www.consumeractiongroup.co.uk/forum/showthread.php?358394-Dotty-s-OH-another-claim!-Barclaycard-amp-MKDR-**CLAIMANT-DISCONTINUED**&highlight=

 

Hi Vince, are you getting this sorted? Here's a couple of links to me recent MK threads, you will see from mine that several of us have had claims issued recently, have a read and ask any questions.

 

Have you logged onto MCOL and acknowledged the claim (AOS)?

[Vincedomingo]

Thanks Dotty, I had seen your threads , what splendid work you have been doing. I'm about to launch my response to the MK lot, the AOS just about to do and a defence similar to yours. I hope they will then go for discontinued. I've been served a C Claim before and have to admit I was like a rabbit in the headlights and did not defend it to the hilt. The MK one really annoys me because I know they are trying it on for a CCJ by default. With the advice here I think I can build a strong case to kill it. Doubtless it will just get sold on and round we go again!

[Dotty50]

Glad to hear you aren't shaking in your boots Vince!

 

Good luck, keep us posted.

[Vincedomingo]

Hi Nivagey. I seem to be in about the same timescale as you with MK****'s and Bcard I have my own thread. The next point of interest will be the response from Northampton to your defence. If your defence was similar to mine and mine was similar to dotty50's where I basically said how can I defend without any information, you should get a reply from the court saying the case is paused for 28 days to allow the claimant to respond and after that only a judge can reopen the case. While I'm not 100% sure exactly on the meaning of that, I'm hope it means if MK don't come up with the items listed in my defence in that time window......they are, due to their misuse of the system in pretending they have followed the pre-submission rules, stuffed!

[Nivagey]

Hi Vincedomingo,

 

Thanks for the heads up on this much appreciated, least I can sort of know what to expect in the next few weeks. I was just sruprised that MK didnt already have the so say CCA and also they never mentioned my CPR request letter as if they ignored that one! Anyway will keep you posted as soon as I hear anything. Thanks again for your info Regards

[Vincedomingo]

I'd save up the no reply on the CCA for later - if they don't produce it ( I gave a time window of 7 calendar days when I did CPR on them - they did not produce) you can prove you have asked and thats all that matters at this stage What was disconcerting is that MK in the reply letter to my CPR that came after my time limit said they will take no further action until they have all the documents. If I was green and naive I might have took that as no need to file a defence, but I didn't and had already filed before their reply, the reply which contained none of the documents I asked for only computer generated stock letters without my name on them. . I believe these DCA's are trying to get default judgement on people because it a lot harder to reverse the situation once the CCJ is issued undefended and they are on a roll from then on.

[Dotty50]

You beat me to it Vince!

 

You have hit the nail on the head in your last post, they must rake in such a lot from undefended claims and that is what keeps these wotsits in business!

 

Nivagey, don't be surprised if you don't hear anything from the court, they just don't seem to get around to issuing any confirmation of the submitted defence because of work load I guess.

 

You could call the court after the 28 days has elapsed and see where the claim is, you will probably be told that it is 'stayed', which basically means that it's stopped until such time the claimant (or defendant) wants to re-start it and either would have to request this via the court and have a very good reason to give the judge as to why they didn't act in the first place!

 

With a bit of luck, your file will have been put in the CAG corner along with many others on here and MK will pick up the next unsuspecting victim!

[Vincedomingo]

sorry to hijack your thread but the answer to this question here is probably relevant to Nivagey as well When I received the court defence letter after I submitted on MCOL , with the letter saying 28 days for claimant to respond , the court defence form to fill came with it and this has a return date of 15 June. I don't mind returning a defence response form to the court but there is £220 to pay which I'd rather not unless I really have to - has anyone else had to handle this issue, otherwise I am quite likely to have to claim it back although I am going to try and claim LIP costs anyway - assuming things go as planned. Maybe I should call the court and ask.

[AndyOrch]

I think you are referring to the AQ Vince and the defendant does not pay the fee.

 

Regards

 

Andy

[Vincedomingo]

Ah ha thank you Andy!!!, after months of trying hard this is the first time I have confused claimant and defendant - I assumed it the AQ was addressed to me and the first part was. The last line wasn't.oops. The 'stayed' status starts after the 28 days the claimant MK has to get the documentation together

[AndyOrch]

Both parties must complete an AQ but only the claimant pays a fee.Make sure you complete and submit by the date requested.

[Vincedomingo]

Not sure I can give advice but I can empathise! Sounds like you have the same letter collection as me! I seem to be a week or so ahead of you

 

I saw the court letter theat came with the Aq as positive. MK have 28 days to assess from my defence if they want to proceed otherwise thats it. They can tell from my defence what I will expect to see before going into a court. We both have an Aq letter ( myself and MK) if they choose not to cough up the cash to proceed its all over regardless.

 

I CPr'd MK as soon as the 1st court letter/claim came and got the similar template letters you have by the sound of it. with weasel words saying they will get the rest (CCA, statements etc etc) and will not proceed until they have. Rightly or wrongly i see the template letters as a joke as they are zero evidence on procedural issues anybody could have printed them with any date.

 

I remember you saying you sent CPr to MK registered post but they appear to ignore it - that can only be good for your case?

 

So I am in the 'do not panic' mode, perhaps also known as ostritch mode - next move is MK's and clock is ticking on Aq response and the 28 days. They must provide evidence to proceed. A collection of template latters on peripheral issues does not cut it for me!