Which documents to request under CPR31.14

[Temmy99]

Copied from the welcome forum as not sure it will be read, apologies for the duplication

I have received a claim issued on the 19/02/2020 for a credit card debt of around £4000k. I have completed the acknowledgement of service online stating that I intend to defend all the claim. The claimant are Asset Link Capital and their Solicitor is Kearns Solicitors. The Original creditor was Barclaycard. I have attached the Particulars of claim and I will be sending a CCA Request to the claimant shortly

Basically, I had a number of credit cards prior to 2006 when I was unable to keep up with the payments on all of them I wrote to all my creditors explaining my situation and with the help of stepchange I went into DMP with the creditors that contacted me. Quite a few of the Creditors issued Default notices during this time and I was dealing with them all through stepchsnge. I left the DMP in 2016 as I couldn't afford the payments and offered each creditor a token of £1 each month until 2018 when I just stopped making payments as I really couldn't afford anything and nothing has been showing on my credit record from then till date. I have requested CCAs from other creditors which have all come back as unenforceable but somehow, this particular debt collector has not been in contact until recently otherwise, I would have sent a CCA request earlier. Apologies for the long post but I want to ensure that I explain myself thoroughly so I can get the right information on what I need to do from here. I will appreciate you advice. Thanks

[Temmy99]

Can someone please help me. I have now sent the CPR 31.14 Letter to Kearns solicitors and I have requested for the agreement, default notice and notice of assignment. I counted 28 days from the date of the claim issue date and put my defence date as 11/03/2020 although I may be wrong here. Should I also request for an SAR from the original creditor and when should I be looking at putting my defence in. I really hope someone can help me as I have had no response from my previous posts. Thank you all in advance

[pt2537]

Hi there

You need to ask for the documents mentioned in the claim form. which it seems youve done. The Claim appears to relate to a Barclay card agreement, can you recall how you opened the account? Can you recall if you signed a contract with Barclaycard? and if so, can you recall what documents you were given?


Have a read of this case, the judge was married to a lady who was if i recall correctly the head of legal at Barclays, and we still won. This judgment will explain i hope some of the issues that arise with Barclays agreements https://www.bailii.org/ew/cases/Misc/2012/19.html

[Temmy99]

Hi there,
Thank you for getting back to me, I had started to give up hope! I can only go by the date on my credit report which says I probably opened the account in 2004. The application would have been done online but I have no recollection of what documents I received. Another thing is I had another Barclaycard account with Cabot which came back as unenforceable when the CCA was requested late last year. I need to start working on my defence now but will be grateful if you can advise me on when I should get that in going by the initial issue date of the claim. Thank you once again