• Welcome to the LegalBeagles Consumer and Legal Forum. If this is your first visit to LegalBeagles and you need assistance then you can ask a question here;
    Create a Thread
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Help with issuing a joint claim against Credit Card Provider and Car dealer (CRA)

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Help with issuing a joint claim against Credit Card Provider and Car dealer (CRA)

    I'm not too clear on how to complete a particular of claims. I also want to know if there's any problems I may not be anticipating.

    I've been advised by Which Legal to file a claim against both a car dealership and Barclaycard as the latter would be likely to make a commercial decision to pay us rather than go to hearing. (not fit for purpose, vehicle unroadworthy, garage report confirming this)

    in short, I purchased a car on my Barclaycard, but my partner's name is on the invoice. my phone number is on the invoice, I'm on the insurance and I've dealt with this claim throughout. my understanding then is that I would need to convince the judge that i intended to be the contracting party.

    Which Legal have told me to file a claim with my partner as first claimant, myself as second both the dealership and Barclaycard as defendants. I'm comfortable writing a particulars of claim for a sole claim but unsure how to do it for this scenario.

    Are there any problems I need to plan for?

    Link to my other thread:
    https://legalbeagles.info/forums/for...sponding/page4
    Tags: None

  • #2
    Well your starting point would be to send Barclaycard and the dealership a letter before action which would outline your claim, have you done that yet?

    If you haven't then that is your first step. Your letter before action would be tailored differently to Barclaycard because you are relying on s.75 of the Consumer Credit Act 1974 to hold them joint and severally liable for the dealership's breach.

    If you aren't up to the stage of writing your particulars of claim then that can wait until you've complied with the pre-action protocols.
    Check out some useful guides below

    A guide to voluntary termination
    Seting aside a CCJ
    Completing an N180 Form (Courtesy of Jaguarsuk)

    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

    Comment


    • #3
      That's all done and dusted. At the claim stage.

      Comment


      • #4
        Ok, so you can't use the Money Claims Online system where there are two claimants and so you'll have to use N1 Form. You can separate each claimant/defendant on the form by using (1) and (2).

        In terms of your particulars of claim, it would generally follow the same process as if it was a single claimant/defendant situation. However, it would be sensible to identify the parties at the beginning of your particulars of claim. Given that you are looking to pursue the dealership/Barclaycard and claim that you are the contracting party, I would think that you should be the primary claimant and not your partner as suggested by Which? Legal but that's up to you.

        Basic outline of your claim would probably go something like this:

        1. Introduction - A short paragraph outlining what the claim is about and what you are seeking. Not essential in your particulars but gives the judge reading your claim an idea of what you are going to be talking about.

        2. The parties - Like I mentioned above, describing the parties is helpful in understanding the cause of action. For example, You are the primary claimant in this claim and the second claimant is your partner who, if your action is unsuccessful, is seeking the same remedies as you are. The first named defendant being the dealership, is a company carrying on business in the motor trade and the second named defendant is bank, who currently supplies you with a credit card.

        3. Give the background to the situation, make sure to mention key dates and relevant discussions, problems etc. You will need to put somewhere in this section that because the purchase or part purchase was made by credit card, it was a debtor-creditor-supplier agreement within the meaning of s.75 of the Consumer Credit Act 1974.

        4. The First Claimant's claim against the Defendants - This is where you explain the breach(es), loss suffered. You can then go on to say that by reason of s.75 of the CCA 1974, the second defendant is jointly and severally liable with the first defendant in respect of the breaches. Therefore you claim the sum of X against the Defendants.

        5. The Second Claimant's claim - This last bit isn't too difficult, all you really need to say is that the Second Claimant repeats all of the paragraphs above e.g. paragraphs X to X (inclusive). Then you can say that if the First Claimant's claim is unsuccessful, the Second Claimant seeks the same damages as against the Defendant's as the contracting party.

        There's no hard and fast rule about how you draft your claim, you just need to plead your case sufficiently to enable the dealership and Barclaycard to know the case against them and on what basis.

        Hope that helps but if you need feedback on post up a draft for comment.
        Check out some useful guides below

        A guide to voluntary termination
        Seting aside a CCJ
        Completing an N180 Form (Courtesy of Jaguarsuk)

        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

        Comment


        • #5
          brilliant that is very helpful. I will come back with a draft later on!

          Comment


          • #6
            Originally posted by R0b View Post
            Ok, so you can't use the Money Claims Online system where there are two claimants and so you'll have to use N1 Form. You can separate each claimant/defendant on the form by using (1) and (2).
            MCOL does allow adding a second defendant, it defaults to one, but you can click a button to add another defendant.
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment


            • #7
              Originally posted by jaguarsuk View Post

              MCOL does allow adding a second defendant, it defaults to one, but you can click a button to add another defendant.
              Yeah Jags, but the issue is two claimants which is why the N1 Form is needed in this case unless MCOL have updated to allow two claimants, but I'm not aware.
              Check out some useful guides below

              A guide to voluntary termination
              Seting aside a CCJ
              Completing an N180 Form (Courtesy of Jaguarsuk)

              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
              LEGAL DISCLAIMER
              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

              Comment

              View our Terms and Conditions

              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

              Announcement

              Collapse
              1 of 2 < >

              SHORTCUTS

              Pre-Action Letters
              First Steps
              Check dates
              Income/Expenditure
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Witness Statements
              Directions Questionnaire
              Statute Barred Letter



              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





              NOTE: If you receive a court claim note these dates in your calendar ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
              If your case is over �10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
              2 of 2 < >

              Need Formal Help?




              Search and Compare fixed fee legal services and find a solicitor near you.

              Find a Law Firm


              See more
              See less

              Court Claim ?

              Guides and Letters
              Loading...



              Search and Compare fixed fee legal services and find a solicitor near you.

              Find a Law Firm


              Working...
              X