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No credit agreement and no termination notice

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  • No credit agreement and no termination notice

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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
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  • #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

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              Income/Expenditure
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              CCA Request
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              Subject Access Request Letter
              Example Defence
              Set Aside Application
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