PRA claimform - old Barclaycard debt hearing fee not paid so***Claim Struck Out***

[Andyorch]

Just the recon and T/Cs

[aliencontractor]

Scanning those in.

 

also have got this (first page only), probably totals nearly 100 pages.  Do you want that as well?

 

 

Sales agreement.pdf

[dx100uk]

Cant hurt, must be the sale of the debt deed?

 

Dx

[aliencontractor]

It’s seems to be their overall contract with barclaycard,  contains template letters for loans, cards etc….

[dx100uk]

probably the deed of assignment and not just for your debt either.

they purchased a portfolio of various debts, yours was ONE of them.

 

dx

 

[aliencontractor]

Scanned documents

CCA Adjusted.pdf CCA and Cancellation.pdf

 

def notice.pdf

[dx100uk]

cca adjusted is not the CCA it's their terms and conditions.

there is no sign up agreement box nor cancellation rights as there should be in an agreement

fake copy n paste by someone stating its the agreement

 

cca/canc. no sign up box .

 

 

 

 

 

[aliencontractor]

So just continue with the process and sign nothing?

[Andyorch]

A recon wouldn't necessary contain a sign up/signature area DX as its not the exact executed agreement......however having to disclose a reconstituted version of an agreement that is relatively new post 2007 makes me twitch and is suspicious.  

[dx100uk]

Urm .my thoughts too 

Doesn't smell right 

 

Dz

[aliencontractor]

Thanks for feedback, so go for a tomlin or proceed all the way based on their paperwork?

[Andyorch]

Given that the claim is Fast Track I would be seriously considering a Tomlin Order.....you dont want it to come down to a Judge lottery and how he will interpret the agreement......costs could be quite severe should you lose the claim. 

[aliencontractor]

Thank you for the advice.

 

to go back to our original question,  with only a token amount available to offer would a tomlin even been accepted?  
 

obviously in years to come, things could improve so the amount payable could increase.

[Andyorch]

Test the water.....see what they are prepared to accept as a monthly payment arrangement. They wont want to proceed if it can be avoided....the hearing fee alone is astronomical (which you will have to foot) 

[aliencontractor]

Ok, thanks for info.   We wouldn 't be able to afford the hearing fee either, assuming its £1000s..

 

Ideally, due to other debts, the best course for her would be bankrupcy when/if we can get the fee together for it.

 

If this is our plan, should be still go ahead with the Tomlin?

[Andyorch]

Try the Tomlin or take the CCJ on an affordable monthly payment ...£10 if that's all it will be......who knows they may not get judgment...but please do not consider Bankruptcy on this amount of debt. 

[aliencontractor]

Thanks again for the advice.

 

Our concern is the hearing fee, on checking the documenation that is paid by the claimant?  So are you just saying it will be added to the total amount owing?

We can't afford the hearing fee and I assume paying the court in instalments is not an option.

[Andyorch]

Yes its added to the final amount..a long with the claimant's costs. Of course you can pay in installments, after judgment is passed you submit an N245 with your proposed monthly payment along with an I&E. 

[aliencontractor]

Thanks. 

[dx100uk]

IMHO see if they win 

Then nail them in their coffin forever with a <=£10 n245, if it's more than that 

 

No never go bk or iva etc 

 

If you want help with debts pull our chain if you haven't already 

 

Dx

[Andyorch]

Topic open

[aliencontractor]

Sorry for delay, was in hospital right up until Xmas.

 

so we have the court date now.

 

my only concern is our defence seems to be solely on them not providing a signed CCA?

[Andyorch]

You have your Notice of Allocation with directions and what you must do next in preperation for the hearing by date.

[aliencontractor]

Thank you

 

Btw,  strangely the claim has been allocated back to the small claims track rather than the fast track.

[Andyorch]

Small claims track better for you with regards to costs  so what date is your hearing and what dates are on the directions scan redact and upload a copy of the NOA.