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

[Guest]

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

[R0b]

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.

[Guest]

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

[R0b]

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.

[Guest]

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

[jaguarsuk]

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.

[R0b]

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.

[jaguarsuk]

Apologies, misread the thread.