old Barclaycard (via Skycard] making F&F to Scotcall

[slick132]

The debt on the a/c was approx £945 and the refund claimed is £1,330 so the a/c can be cleared in full with the balance payable to you of £380+.

 

Accordingly, you should seek the removal of adverse CRA data from the CRA's. The data reported to, and carried by, the CRA's is inaccurate as the alleged debt was more than covered by unlawful penalties and associated interest.

 

SabreSheeps thread includes default and CRA data removal I think, si use that as an example.

 

File the claim via CCMCC, Salford and avoid any issue about the size of the POC's. Send them 3 copies of each document.

 

[L1882]

OK - I will review the POC and add in the stuff about the defaults.

 

So I will need to download and complete the N1 form and post to the court with the fee - by 3 copies I take that is 3 copies of the N1, 3 copies of the POC? Is it more expensive to do via Salford than online or doesn't it make much difference?

[slick132]

Send the court 3 copies of the N1, your POC's and the spready.

 

Keep a copy of each yourself.

 

It's slightly more expensive to file via CCMCC, Salford but you'll reclaim the court costs from Barclays anyway.

 

[AndyOrch]

MCOL Northampton far more secure...simple and easy to manage....plus you have the bonus of being able to follow the status on screen.

 

Issue a limited Particular and then serve separate full particulars....

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16/pd_part16

 

In particular CPR 3.1...

 

Regards

 

Andy

[L1882]

Brilliant - so I can submit the claim online and send the detailed POC directly to the defendant separately via the post. Do I have to send a copy to the court as well?

 

Not going to lie, I am slightly nervous now

[AndyOrch]

Filing separate particulars of claim

 

CPR 5.2

 

(1) Subject to the sub-paragraphs below, the claimant may serve and file particulars of claim separately from the claim formicon but the claimant must in the claim form –

(a) state that the particulars of claim will follow; and

(b) include a brief summary of the claim.

(2) Where the claimant serves the particulars of claim separately from the claim form pursuant to sub-paragraph (1), the claimant must –

(a) serve the particulars of claim in accordance with rule 7.4(1)(b); and

(b) file a certificate of service in form N215 at the Centre within 14 days of service of the particulars of claim on the defendant.

(3) The claimant must file the particulars of claim at the court to which the proceedings are transferred under paragraph 1.3(2)(e) within 7 days of service of the notice of transfer.

(4) Where the proceedings are not transferred under paragraph 1.3(2)(e) and remain at the Centre, the claimant is not required to file the particulars of claim unless ordered to do so.

[SabreSheep]

Being nervous is good, it means you wont be complacent

[L1882]

Sorry guys I'm new to all this so I know I'm asking basic stuff you are probably tired of answering but reading between the lines the method of issuing (online or by Salford) it seems is largely one of preference - or are there perceived benefits of one over the other?

 

I'm imagining the key benefit of issuing by post is that the POC is complete when received by the defendant whilst issuing online is more convenient and gives you online access to the case?

[AndyOrch]

Ive already stated the advantages L1882...main one simplicity no post costs....far less errors from Northampton.

[SabreSheep]

I concur with Andy's advice in this case. The advantages are good

[L1882]

I know Andy and I have to say my initial thought was online and that was reinforced by your info - it's just as slick and others seem keen on postal service so I wanted to get the low down on that option as well.

 

I'm going to do it online though - I think that way will work the best for me. It will be weekend I think before I get the time to sit and go through all the stuff so my aim is to submit via MCOL on Monday.

 

Let the 'fun' commence

[AndyOrch]

Need to work on your particulars (8050) characters...it is important to include that the full particulars will be served separate.

 

Just a word on your full particulars above...that again is too much detail and should be edited to deal with the main points of claim...you can expand and go into great detail once and if they defend by way of your witness statement.

 

Dont play your full hand at the first hurdle...always reserve.....

[slick132]

Hi L1882,

 

Advice in the past has been to use the postal service but, if Andyorch says the MCOL system is better to use, do that and follow the rules given from CPR 5.2 above.

 

I'm always happy to learn from those more knowledgeable .............

 

[L1882]

I'll be absolutely honest, the POC was lifted directly from SS. I'll have a go at editing it down for critique