No credit agreement and no termination notice

[tygar2]

Hello.

I hope you can assist on next steps. LC Asset have taken me to court over a Barclaycard debt. Below is a rough timeline

Sept 2023 - CCA requested and claimant responded advising it would be sent. nothing heard after that
Dec 2023 - Checked portal and noted case had been stayed. Contacted the Court who advised that no further action was required
Feb 2024 - Stay lifted and received documents from claimant. This was a undated and unsigned generic agreement with T&Cs
Feb 2024 - I wrote again to claimant reminding them of signed CCA request. Nothing heard until August 2024.
Aug 2024 - Court bundle received. Claimant's statement stated that @"The defendant does not dispute the existance of the debt" which is not true.
Aug 2024 - Attended Directions hearing
Sept 2024 - Attached order received



We attended a Directions hearing and they were ordered to provide all documentation they have including a Termination notice. They have provided no new information except some statement data printouts (not actual statement copies). They have responded to the court by saying that they are unable to provide a Termination notice as Barclaycard do not keep records of this. They also claim that a default notice means the case was enforceable. I never stated I had received this document

I am required to provide a Witness statement. My original defence was that I had not been provided with a signed CCA and that the reconstituted one they provided was generic and did not have my signature or show any credit limit interest rate etc. The case has been stayed and reopened by the claimant with no new info being provided

Can I please have some advice on how to respond and the correct format to provide the witness statement as ordered? My last defence was via the online portal.

Thank you

[atticus]

See the forum guidance on witness statements: https://legalbeagles.info/forums/for...ess-statement/

[JK2054]

pers id be writing to the court FAO district judge and say that the explanation given for no termination means the case is bound to fail and should be struck out.

[Chaps72]

Hi, I’m interested in this post too, and I was just wondering if there is or do you have a template for writing this letter to the courts. Thanks

[JK2054]

template for writing which letter sorry?

[Chaps72]

Hi, I was referring to this comment “ writing to the court FAO district judge and say that the explanation given for no termination means the case is bound to fail and should be struck out.“

[JK2054]

no template you jsut write it.

[Chaps72]

Hi everyone. I need some urgent help if possible.

My hearing is on Monday and they have sent me a bundle containing hundreds of data statement pages (not actual normal statement pages). They have failed to produce the signed CCA and also a termination notice which the judge had asked for. They state that Barclaycard do not keep them. What are their chances of success?

This is my first time and I am worried about a CCJ. Is it a good idea to try and settle outside of court? If so, what do you suggest? They are claiming around £9000.

Hope someone can assist. Thanks

[JK2054]

Hi, you would stil be able to get the CCJ removed by paying within 30 days