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Court Claim - 1st Credit / Barclaycard (from Egg) - 27-11-2015

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  • Court Claim - 1st Credit / Barclaycard (from Egg) - 27-11-2015

    Court Claim - 1st Credit / Barclaycard (from Egg) - 27-11-2015


    Hi there. I have been using this site to help me deal with a claim to this point but am now at the point where I'm less confident as to next steps.


    Here is the details of the claim:


    The claimant claims the sum of £11,374.09 for debt + interest. On 13/07/2006 the defendant entered into an agreement with Barclays Bank PLC t/a/Barclaycard for a credit card inder reference xxxx. On 29/01/2015 the defendant defaulted on the agreement with an outstanding balance of £10,769.69. On 19/03/15 the debt og £10,769.69 was assigned to 1st Credit (Finance) Ltd. Notice of Assignment was sent to the defendant in accordance with s136 Law of Property Act 1925.
    AND THE CLAIMANT CLAIMS
    1. The sum of £10,769.69
    2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 27/3/15 to 26/11/15 £577.40, and thereafter at a daily rate of £2.37 until judgement or sooner payment.


    And here is the history thus far:


    9th December 2015: CCA/CPR Requests sent to 1st Credit and Judge & Priestley (initial legal firm). Request sent with £1 postal order.


    11th December 2015: Judge & Priestley respond to CCA/CPR acknowledging receipt. "Please note that whilst you await documentation, your file with be placed on hold. You are not required to respond to the claim form until the requested documents have been received."


    15th December 2015: Acknowledgment of Service


    21st December 2015: 1st Credit respond to CCA/CPR request acknowledging request. "We confirm that we have requested this from the orignal creditor and will forward this to you once we are in receipt of the same. In the interim we can confirm that no further action will be taken against you in respect of this matter by us, or our solicitors Judge and Priestley, until the credit agreement has been provided to you."


    21st December 2015: Defense submitted


    6th January 2016: 1st Credit change legal team from Judge and Priestley to themselves.


    25th January 2016: Notice of proposed allocation to the fast track.


    27th January 2016: Letter from 1st Credit containing draft directions, and notice of assignment of debt from Barclaycard.


    So I am now at the point of completing the Directions Questionaire and drafting proposed directions. I have these ready to go but am feeling unconfident that I'm doing things correctly so any advice would be greatly appreciated.


    I have attached all correspondance thus far and my proposed directions questionnaire and draft directions.


    Please shout with any questions and thanks in advance for any advice / help provided.
    Attached Files
    Tags: None

  • #2
    Re: Court Claim - 1st Credit / Barclaycard (from Egg) - 27-11-2015

    hi again. apologies... not meaning to bump this but thought it'd probably be helpful to include my main area of confusion and doubt.


    1. I'm really unsure regarding the draft directions. 1st credit sent draft directions through which seem fine to me. Is the purpose of these purely to set a timetable? I feel I'm looking for banana skins but am maybe over-thinking what is really an admin/timetable step?


    2. In my proposed directions (both the questionnaire and draft) I have mentioned filing an unless order if no CCA agreement is provided. I feel maybe this is too aggressive at this point and maybe isn't applicable anyway? My understanding is that I file an Unless order application giving them a deadline to produce the CCA, and if they fail to produce the CCA then I can apply to have the claim struck out (or press for a vastly reduced settlement)... is this a fair understanding?


    3. My hope with the defence is to secure as favourable a settlement as possible for myself. Worse-case scenario would be to be liable for the full amount without any kind of time to pay arrangement. By resisting mediation until a CCA is provided am I merely increasing the likelihood of this scenario occurring?


    I hope these make some kind of sense... and if anyone has the time/ability to provide any insight into my doubts listed above it would be very gladly received.

    Comment


    • #3
      Re: Court Claim - 1st Credit / Barclaycard (from Egg) - 27-11-2015

      Hi Sea, apologies for missing your posts xxx I'm just having a read xx
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Court Claim - 1st Credit / Barclaycard (from Egg) - 27-11-2015

        Everything seems to have gone well so far

        Originally posted by on_sea View Post
        hi again. apologies... not meaning to bump this but thought it'd probably be helpful to include my main area of confusion and doubt.


        1. I'm really unsure regarding the draft directions. 1st credit sent draft directions through which seem fine to me. Is the purpose of these purely to set a timetable? I feel I'm looking for banana skins but am maybe over-thinking what is really an admin/timetable step? Yes their directions are very standard.


        2. In my proposed directions (both the questionnaire and draft) I have mentioned filing an unless order if no CCA agreement is provided. I feel maybe this is too aggressive at this point and maybe isn't applicable anyway? My understanding is that I file an Unless order application giving them a deadline to produce the CCA, and if they fail to produce the CCA then I can apply to have the claim struck out (or press for a vastly reduced settlement)... is this a fair understanding? Yes, but I think you should ask the court for a proposed sanction if documentation is not provided by March 24th of a Strike out of the claim as the way it is worded it there is no sanction if they fail to produce by 24th March, and you'd have to apply for summary judgment or strike at that stage. So add after 2 - If the claimant fails to provide appropriate documentation by March 24th at 4pm the claim shall be struck out. And lose the unless order sentence.


        3. My hope with the defence is to secure as favourable a settlement as possible for myself. Worse-case scenario would be to be liable for the full amount without any kind of time to pay arrangement. By resisting mediation until a CCA is provided am I merely increasing the likelihood of this scenario occurring? Mediation wouldn't go ahead without having received any documents so you can agree to mediate after documents are received.

        I hope these make some kind of sense... and if anyone has the time/ability to provide any insight into my doubts listed above it would be very gladly received.


        Defendants Draft Directions ( just for ease of viewing)
        Attached Files
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Court Claim - 1st Credit / Barclaycard (from Egg) - 27-11-2015

          thank you so much Amethyst for taking the time to do this. it is genuinely much appreciated and am very glad i haven't messed up so far. will keep you updated as things progress.

          Comment


          • #6
            Re: Court Claim - 1st Credit / Barclaycard (from Egg) - 27-11-2015

            The court has now responded to the directions questionnaires and issued a stay until 29th March. Still nothing from 1st Credit in regards of the CCA. No mention from the court regarding any sanction for not providing these.

            Not sure of my next steps? A letter to 1st Credit asking them to provide the CCA or withdraw the claim? Or start a court application to get it struck out?
            Attached Files

            Comment


            • #7
              Re: Court Claim - 1st Credit / Barclaycard (from Egg) - 27-11-2015

              Hi again. 1st Credit have now supplied their supporting documentation. They've included a lot of barclaycard statements, the default notice and what looks like an application form for the original credit card from Egg.

              From reading on various posts on the site I understand that as the application was made prior to 2007 a checkbox on the internet would have been sufficient rather than requiring a signed agreement. Does this mean the application supplied counts as a valid copy of the CCA?

              Would be great if someone could give the supporting evidence a quick look over to see if it would now be considered enforceable?
              Attached Files

              Comment

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