Court action by Hoist holdings / Barclaycard

[Olliepup]

Thank you , so should I answer that I don’t believe this is for small claims , or just answer that I want to enter mediation??

So so all is not lost yet??

[Olliepup]

Also is there a template letter on here somewhere? Do they have to full fill the cca before it goes further?

[Diana M]

so should I answer that I don’t believe this is for small claims , or just answer that I want to enter mediation??

If the claim if for £1,500 then you should say 'Yes' to Small Claims.

You've received the Directions Questionnaire because the Claimant has informed the court that they intend to continue with the proceedings.

You've only pleaded Statute Barred in your Defence so if you're wrong (let's hope not) you're leaving yourself wide open to a Summary Judgment Application from the Claimant to strike out your Defence because it has no merit.

I advised you to send a CCA Request and a CPR 31.14 Request. You say you've not yet sent the CCA Request yet (so do that pronto) and also ask forum members how to word a CPR 31.14 Request if you've not sent that either.

Have you sent a Subject Access Request to Barclays to get the full payment history of the account and evidence of any Default Notice, Notice of Assignment etc which will be in the Transaction Log?

The SAR might also reveal your previous CCA Request(s) which have not been complied with (according to you).

As I previously said you need backup legal arguments in case they come up with evidence of that payment (or acknowledgement of the debt etc) days before the Hearing when it'll be too late for you to file an Amended Defence.

Di

[Olliepup]

Ahhh found the letter, so basically it’s better to not enter into mediation or make that offer to do so ? Or just go for a court date and cca them as the original creditor couldn’t produce one ??

[Olliepup]

Thanks di, the first defence I put in contained the cca but didn’t go through , so typed it again and forgot to put it in! Doh!
im sending the cca tomorrow to be signed for to hoist direct and to Cohen’s.

i haven’t sent a sar to Barclays , is there a letter for this ?

If anyone has any idea of the wording for the cpr I would be very grateful !


Thanks again .

[jaguarsuk]

Ahhh found the letter, so basically it’s better to not enter into mediation or make that offer to do so ? Or just go for a court date and cca them as the original creditor couldn’t produce one ??

Here's how I'd play it.

Agree to mediation, but then when sending a copy of the Directions Questionnaire to the claimants solicitor send this letter (with relevant bold bits amended to fit your particular situation):

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode

Dear Sirs,

Claim Number: XXXXX


Request for documents mentioned in a statement of case under CPR 31.14


On xx/xx/xxxx I received a County Court claim from yourselves, this is now a defended claim and I have returned my Directions Questionnaire to the court.

Enclosed is a copy of the Directions Questionnaire by way of service upon you and you will note that I have signalled my intention to mediate in the hope of resolving this matter without need for a hearing.

To enable me to participate in mediation the Small Claims Mediation Team will ask that I have all the information and documentation I require to properly understand your claim, thus enabling me to mediate meaningfully.

In order that I may answer that question afirmatively I require inspection of documents you mention in your statement of case and would be obliged if you could forward the following:

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT…IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today,xx/xx/xxxx.

I look forward to hearing from you.

Yours sincerely

Your Name

[Olliepup]

Do you have to send a fee with Sar? Was it 10 quid ?

[jaguarsuk]

Thanks di, the first defence I put in contained the cca but didn’t go through , so typed it again and forgot to put it in! Doh!
im sending the cca tomorrow to be signed for to hoist direct and to Cohen’s.

i haven’t sent a sar to Barclays , is there a letter for this ?

If anyone has any idea of the wording for the cpr I would be very grateful !


Thanks again .

CCA & £1 fee goes to Hoist.

A copy of CCA (no fee) letter enclosed with a CPR 31.14 (either the one above or a better one if another LB advises) letter to Cohens

SAR guide (inc template letter) here: http://legalbeagles.info/library/gui...ccess-request/

Do you have to send a fee with Sar? Was it 10 quid ?

Yes, it's £10


Also, on the SAR fee cheque or postal orders make sure you write across it: "DPA 1998 STATUTORY FEE ONLY"

On the CCA cheque or postal order make sure you write across it: "CCA STATUTORY FEE ONLY"

Keep scans, pics or photocopies of both to make sure nobody can claim you paid for anything other than the statutory fees.

[warwick65]

jaguarsuk If the claim has already been allocated then Cpr31.14 will not be relevant and no doubt they will kick it back because of this

If however it has not yet been allocated, I think it would be damaging to say it will be as this gives them an excuse to kick it back.
Olliepup

For your CPR 31.14 request, which Di suggested a couple of weeks ago and also earlier just stick to the basic template CPR 31.14 Request Letter

Ask only for what was in the particulars of claim which I can't see at the moment

[Olliepup]

Thanks jaguars ! Looks pretty good to me !! Will get onto it !

[jaguarsuk]

Thanks jaguars ! Looks pretty good to me !! Will get onto it !

See warwick65 comments above Olliepup before doing anything

[Diana M]

Here's how I'd play it.

Agree to mediation, but then when sending a copy of the Directions Questionnaire to the claimants solicitor send this letter (with relevant bold bits amended to fit your particular situation):

The letter you drafted for the OP to send to the Claimant’s solicitors says that the documents he requests are to enable them to take part in Mediation. That is not the purpose of CPR 31.14.

Your letter then says that the documents are needed “to enable me to fully plead my case”. However the OP has already filed their Defence (pleaded their case) which is why they’ve been sent a Directions Questionnaire.

Di

[Diana M]

Thanks di, the first defence I put in contained the cca but didn’t go through , so typed it again and forgot to put it in! Doh!
im sending the cca tomorrow to be signed for to hoist direct and to Cohen’s.

i haven’t sent a sar to Barclays , is there a letter for this ?

If anyone has any idea of the wording for the cpr I would be very grateful !.

In order for anyone to help you complete your CPR 31.14 Request they would need to know what the Particulars of Claim state. You’ve not said that yet.

Di

[Olliepup]

Thanks for all the advice , I’ve printed off a cca letters to send to hoist and to Cohen , I presume I pay 1 pound to both parties , I read that the cpr isn’t applicable if it’s got to small claims track ? Is this true ? Should I send it anyway ? I will do the standard letter, cpr goes to hoist ? Is there a fee for this?
Sorry for all the questions , I guess I’ve acted to late but frustrating that Barclay card could produce a cca and was unenforceable and this lot can enforce it with it with no ccs?

i read that mediation means you have to back down on your current position which will mean admitting the debt ?

[Olliepup]

Looking through old paper work this debt has passed pillar to post , in 2016 Robinson Way would accept 533 quid to settle it .....Cca In place ? I doubt it