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Court claim received 24th May PRA - Barclaycard

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  • #31
    Originally posted by Demo8 View Post
    That seems wrong to me if you have asked for the extra time- 5 days for service, 14 days to respond and an extra 14 days- unless things have changed.

    Comment


    • #32
      Originally posted by Matty B View Post

      That seems wrong to me if you have asked for the extra time- 5 days for service, 14 days to respond and an extra 14 days- unless things have changed.
      Maybe that’s them guessing, I definitely selected option 2 – ‘I intend to defend all of this claim‘ and selected “Defend all of this claim”

      Do PRA have rights/access to see this kind of case info?

      I followed the guide as shared by echat11

      Comment


      • #33
        Today was also a special delivery from Barclays
        a huge stack of documents from the SAR request.

        What do I now seek for through all this data?

        Attached Files

        Comment


        • #34
          Check MCOL / ring the Court, just to be certain.

          You don't want to find that an error has occurred.

          With the SAR data, find the Agreement, the Default Notice and Notice of Assignment. Look for anomalies, things that don't look right.

          Are all the prescribed terms on the agreement, do dates add up etc.

          Has the agreement been 'varied' i.e. has the APR gone up, has the Credit Limit gone up etc.

          Comment


          • #35
            Originally posted by echat11 View Post
            Check MCOL / ring the Court, just to be certain.

            You don't want to find that an error has occurred.

            With the SAR data, find the Agreement, the Default Notice and Notice of Assignment. Look for anomalies, things that don't look right.

            Are all the prescribed terms on the agreement, do dates add up etc.

            Has the agreement been 'varied' i.e. has the APR gone up, has the Credit Limit gone up etc.
            I have logged into the Gov portal and found the AOS.

            I will go through the SAR data as recommended and notify of any changes throughout the entirety of it.
            Attached Files
            Last edited by Demo8; 12th June 2024, 19:33:PM. Reason: Typo

            Comment


            • #36
              https://lawzone.legal/when-is-a-cred...unenforceable/

              Comment


              • #37
                echat11

                Luckily I had a mortgage with Barclays and this was included in the SAR.
                It was a good model of what I should expect to see from the CC.
                the mortgage product section contained everything in the likes of, the mortgage application summary, offer agreement, land registry, solicitor communications, payment history, summaries of changes due to interest rates right up to settlement from my solicitor when I sold.

                When I look at the CC side of the report it is laughable compared to the detail of the mortgage.
                No agreement info that I can see
                A large statement section which I can see rise and falls on standard and cash rates due to BOE base rate.
                A summary log of reporting action they have taken (action and explanation)
                Some copies of warnings notices, important information and talk to us letters followed by default has been registered (due to missed payments and the lead up to default)
                A reference cheat sheet and a long account activity memo section with references
                And finally a correspondence section mainly from the mortgage and one from BC regarding a 3 month payment holiday.

                Do I persist on requesting the agreement?

                Comment


                • #38
                  To me so far this is an irredeemably unenforceable agreement which is in breach of section 60 or section 65 of the Consumer Credit Act right?

                  Comment


                  • #39
                    Originally posted by Demo8 View Post
                    echat11

                    Luckily I had a mortgage with Barclays and this was included in the SAR.
                    It was a good model of what I should expect to see from the CC.
                    the mortgage product section contained everything in the likes of, the mortgage application summary, offer agreement, land registry, solicitor communications, payment history, summaries of changes due to interest rates right up to settlement from my solicitor when I sold.

                    When I look at the CC side of the report it is laughable compared to the detail of the mortgage.
                    No agreement info that I can see
                    A large statement section which I can see rise and falls on standard and cash rates due to BOE base rate.
                    A summary log of reporting action they have taken (action and explanation)
                    Some copies of warnings notices, important information and talk to us letters followed by default has been registered (due to missed payments and the lead up to default)
                    A reference cheat sheet and a long account activity memo section with references
                    And finally a correspondence section mainly from the mortgage and one from BC regarding a 3 month payment holiday.

                    Do I persist on requesting the agreement?
                    Yes, if you've made a formal CCA request for the agreement, then they must comply.

                    Comment


                    • #40
                      Originally posted by Demo8 View Post

                      To me so far this is an irredeemably unenforceable agreement which is in breach of section 60 or section 65 of the Consumer Credit Act right?
                      Is your CCA request still outstanding?

                      Comment


                      • #41
                        Originally posted by echat11 View Post

                        Is your CCA request still outstanding?
                        Yes I sent the request at the end of May and issued a cheque of £1 with it but still not had any correspondence regarding CCA, just privacy and SAR so far.

                        Do I send another tracked request with a £1 cheque to BC?
                        Last edited by Demo8; 13th June 2024, 09:15:AM. Reason: Typo

                        Comment


                        • #42
                          This is the tracking info for the CCA req
                          Attached Files

                          Comment


                          • #43
                            Originally posted by Demo8 View Post

                            Yes I sent the request at the end of May and issued a cheque of £1 with it but still not had any correspondence regarding CCA, just privacy and SAR so far.

                            Do I send another tracked request with a £1 cheque to BC?
                            No, you've done what you've had to.

                            Comment


                            • #44
                              You've Acknowledged Service of the Claim.

                              Your Defence will be due 28 days (plus 5 days postage) from the Issue Date on the claim form, update the thread 3 days before you Defence is due, then we can help with the Defence.

                              You might / might not get more infromation as per your requests.

                              Comment


                              • #45
                                Originally posted by echat11 View Post
                                You've Acknowledged Service of the Claim.

                                Your Defence will be due 28 days (plus 5 days postage) from the Issue Date on the claim form, update the thread 3 days before you Defence is due, then we can help with the Defence.

                                You might / might not get more infromation as per your requests.
                                Issue was 22nd May so I’m returning here on the 16th?

                                Don’t want to screw this one up like I did with a pcn not long ago ended up with a bill over £200 smh.

                                Comment

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                                SHORTCUTS


                                First Steps
                                Check dates
                                Income/Expenditure
                                Acknowledge Claim
                                CCA Request
                                CPR 31.14 Request
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                                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)

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