Barclaycard STUPID and DAFT no CCA???????

[beachcomber60]

Yeap thanks, thread opened up on barclaycard - tiz me v barclaycard

 

I would be very grateful if a site team member could have a look at my capital one thread -capital one cca, only Iam have huge problems with them.

 

many thanks

[gill5blue]

Hi ALL

Im updating my threads today.

Here is the update for 'DAFT'

I have not heard anymore from Barclaycard since they sent the letter stating

CREDIT LIMIT £0.00

CURRENT BALANCE £0.00

PAYMENT DUE £0.00

So i am still presuming the acoount has been reduced to zero.

I think I will not write to them to ask for confimation, as the their letter states I owe zero, I will let sleeping dogs lie.

I will look into my 'balck marks next year'

KEEP GOING EVERY BODY

[angel_1]

i hope that this all will be fully resolved for you soon

 

just keep an eye on your credit files and lets hope its the end of this for you

 

keep happy ciao for now maz

[gill5blue]

Hi ALL AGAIN

Here is the update for 'Stupid'

They sent this account to court APRIL 2008, and I sent in my defence, basically all they have is a totally unreadable application form,.Because HOWARD COHEN did not respond within the time frame the court states, the account was 'stayed', I have rang the court twice now, and they still have no response from Howard Cohen.

The advice was given by the court(possibly a cag sympathiser) was to do nothing because the longer Howard Cohen leave it to respond, (they will now have to apply to have they stay lifted) the stronger their arguement will have to be to apply to have the stay lifted and take me to court.

I think I will let sleeping dogs lie again.

KEEP GOING EVERY BODY

Cheers for all the help

gill5blue

Edited December 3, 2008 by gill5blue
added date april 2008

[slick132]

Hi Gill,

 

Looks good but you need to check for default markers on your credit files before you let the matter rest.

[gill5blue]

Hi Slick

Thankyou, that is my job for 2009

Cheers

[pt2537]

i think that leaving this is the wrong approach,

 

It is still a live claim and can still come back to bite you, you are simply giving HC the time they need to get things moving and find the documents they need

 

i would write to them and invite them to discontinue or in the alternative i would either seek directions or apply for a strike out.

 

leaving the case only helps them

 

i will have a think on this tomorrow as im busy drafting a claim for a client at the mo

[gill5blue]

i think that leaving this is the wrong approach,

 

It is still a live claim and can still come back to bite you, you are simply giving HC the time they need to get things moving and find the documents they need

 

i would write to them and invite them to discontinue or in the alternative i would either seek directions or apply for a strike out.

 

leaving the case only helps them

 

i will have a think on this tomorrow as im busy drafting a claim for a client at the mo

 

Hi

Have you had time to think yet? What would your suggestions be?

Cheers

Gill5blue

[slick132]

Pt is very busy these days, so may not be able to come back on this.

 

Write to HC and ask that they formally discontinue their claim against you.

 

Ask them to confirm, within 14 days, how they will deal with this or you will approach the court direct seeking an end to the proceedings by way of a Strike Out.

[gill5blue]

Thankyou Slick

advice taken but will not act on until mar/april, quite busy at moment-I have a creditexpert account now and will see if any defaults are listed before I act

Thanks again Slick

Gill5blue

[slick132]

Hi G5B,

 

Noted, but you are leaving yourself open to them coming back at you if you don't take positve action to get them to discontinue, or to apply to the court to do this yourself.

 

If you can find a few spare minutes, this will be well worth doing.

 

[bazaar]

I have to agree Slick, they arent going to sit back. Far better to take the initiative away from them.

[gill5blue]

Hi All

I now have time to deal with this.

 

I have checked my credit report and they have applied a default to the account.

 

I rang the court and the lady there suggested I use a N244 for it to be struck out.

 

I am unsure what to do.:

Write to the solicitors as SLICK suggests or

Write to the court to get it struck out

 

What would you suggest I do? Advice will be appreciated.

gill5blue

[slick132]

Hi Gill,

 

Applying to the court on N244 is the best way to bring this to an end.

 

Apply for their case to be Struck Out, seek a Wasted Costs Order and seek the removal of all Defaults made in this respect.

 

[slick132]

See here re the WCO - http://www.consumerforums.com/resources/templates-library/48-bank-templates/143-wasted-costs-order-.html

[gill5blue]

Thanks

Clear and precise

Iwill let you know how it all goes

gill5blue

[gill5blue]

Hi

Is 'struck out' the same as 'set aside?

Chhers

gill5blue

[slick132]

Hi GB,

 

No, they are different. Let us know why you ask, or in what context this is.

 

Also, if you look up "UK Legal Terms" on Google, Yahoo or Wiki, you should find guidance.

[gill5blue]

Hi Slick

Thanks for replying

I asked because I was looking at the N244 form to have this removed from court, and you mentioned about having it 'struck out' and the nearest I could find was 'set aside' and I was just clarifying that this was what you meant.

I found the form, I may need some guidance in filling it out. Also I was trying to find out how much this would cost me they say I owe £6000.00 approx. All I could find was a part of the form to see if I was eligable for a free application, I doubt if it would be free for me

[slick132]

Hi G5B,

 

In your case, you will apply to the court to have their claim struck out using form N244.

 

Also, you should seek a Wasted Costs Order as mentioned before.

[gill5blue]

Hi

I need some help

What would be the reason to have this struck out?

Would it be similar to my defence which was 'BC have failed to respond to my legal request to supply me with a true copy of the consumer credit agreement, this was requested under the consumer credit act 1974 (sections77-79) to date BC have failed with this request.

 

I also sent to BC the letter asking for a copy of all documentation that they will use at court-I did not even get a reply- would this count too

 

Please help

 

I would also like to say I am receiveing help on this thread, but I have two other threads which I would like some advice on too

1. claim from Cap one

2. AA mastercard

 

If someone could help me on these, that would be great, I seem to be stuck at the moment

 

GILL5BLUE

[gill5blue]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/107590-barclaycard-stupid-daft-no.html

 

I would really like to have some advice on this thread, I have been very patient waiting for some response but have not received any. I am feeling ignored and fed up, I have not pestered previously because I could glean the information I needed from other peoples posts and helpful replies, but I cannot find any posts to help me move on with this thread.

Sorry to moan

Gill5blue

[blueda]

Hi gill5blue, i see it is for an additional card holder and is from 1999 so there is a good chance it is unenforcable, hopefully site team will be along soon to advise.

Edited May 16, 2009 by blueda
Typing error.

[steven4064]

You could request it to be struck out under CPR Part 3.4 (2)(a) "that the statement of case discloses no reasonable grounds for bringing .... the claim" since they have not produced an agreement that shows you to be the debtor nor the debt to exist.

[gill5blue]

Hi

Thanks for all your help, very much appreciated.

I am still on this case, I cannot afford to have this struck out until July.

If I am successful with the strike out can they take me back to court or will that be the end of it?

If they cannot take me back to court would they be more likely to reduce the account to zero?

I am looking positively today

Cheers for any replies

GILL5BLUE