• Welcome to the LegalBeagles Consumer and Legal Forum.
    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.

No credit agreement and no termination notice

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

  • No credit agreement and no termination notice

    Click image for larger version

Name:	WhatsApp Image 2024-09-16 at 13.28.55.jpeg
Views:	2
Size:	156.1 KB
ID:	1688992 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
    Attached Files
    Tags: None

  • #2
    See the forum guidance on witness statements: https://legalbeagles.info/forums/for...ess-statement/
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      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.

      Comment


      • #4
        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

        Comment


        • #5
          template for writing which letter sorry?

          Comment


          • #6
            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.“

            Comment


            • #7
              no template you jsut write it.

              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 < >

              Support LegalBeagles


              Donate with PayPal button

              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

              2 of 2 < >

              SHORTCUTS


              First Steps
              Check dates
              Income/Expenditure
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Directions Questionnaire



              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.
              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