**DISCONTINUED**. court claim for credit card that was in dispute

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Ahh, either email or ring the claimants solicitors

As you have been unable to comply with my CPR 31.14 or CCA 1974 requests or furnish me with any further information relating to your claim, so that you may have more time to send the relevant information to me please could you confirm by return your agreement to an extension of the time allowed for me to file my defence, as allowed under CPR 15.5 so I may notify the court.


If they say yes, then you'd email the court saying that both parties are in agreement on an extension to the date for filing a defence of 28 days (or until XX date), and attach a copy of their agreement. ccbcdefendants@hmcts.gsi.gov.uk

Ok thanks again
I will do this however would i need to word it a little differently as the delay on sending the cpr request is my fault? I am concerned that they may refuse due to me sending the CPR request out late. I did speak with them prior to my holiday and told them i was away but they may use this as an excuse to refuse an extension. I will call them to explain as i think i may get a more positive response.

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

I will do this however would i need to word it a little differently as the delay on sending the cpr request is my fault? I am concerned that they may refuse due to me sending the CPR request out late. I did speak with them prior to my holiday and told them i was away but they may use this as an excuse to refuse an extension. I will call them to explain as i think i may get a more positive response.[/QUOTE]

I have spoken to them and they have refused to extend the date for defence, they have ssaid that they have complied with court protocol and they can not extend past the 28 days already given from when the claim was issued.
I have told them that i have sent a CPR rquest today but they just toldm e to seek my own legal advice...
Should I request they comply before the date of defence which is next weds?
I think its safe to say they will send it after...
I am very grateful for your help btw Amethyst.

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Yes of course, the CCA request should be a good enough reason for them to agree to the extension as it gives them extra time to get it found and to you, and they can't really enforce it through the court without it (well, your defence is pretty strong if they don't send you anything)

This is ballhooks

they have ssaid that they have complied with court protocol and they can not extend past the 28 days already given from when the claim was issued.

But anyway, you tried they refused, I would send them an email confirming the conversation you have had with them, you can then use that in your bundle of evidence if you get that far.

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Okay so defence by next Wednesday - so far your defence is the non compliance with the CCA request. The CPR you can put in if its past 7 days.

As back up you have the charges dispute.

Do you still have statements and your calculations from that complaint?

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Okay so defence by next Wednesday - so far your defence is the non compliance with the CCA request. The CPR you can put in if its past 7 days.

As back up you have the charges dispute.

Do you still have statements and your calculations from that complaint?

I still have letters regarding the dispute, I have some statements but not all. The statements they sent me are for the last six years only.
I am sorry i should have said i didn't say that i never sent CCA either, I did receive a copy of the original credit agreement along with the statements a few weeks ago when i sent a letter saying it was statute barred, so thought i wouldn't need to do that. I'm really upset that I can't get more time to sort this before the defence.

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

I have spoken with sainsburys who believe they can proviode me with paperwork and statements from 6 years and beyond, he is going to ask that it is sent out urgently. The only problem is i may not be able to work out in time what i owe if anything from these statements. Is there a chance that if i still defend in full and provide evidence of the account being in dispute at the time and it being mostly penalty charges that they may drop the whole claim?

[FlamingParrot]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

I still have letters regarding the dispute, I have some statements but not all. The statements they sent me are for the last six years only.
I am sorry i should have said i didn't say that i never sent CCA either, I did receive a copy of the original credit agreement along with the statements a few weeks ago

Any chance you could post up the alleged agreement? :typing:

when i sent a letter saying it was statute barred, so thought i wouldn't need to do that. I'm really upset that I can't get more time to sort this before the defence.

Have they supplied you with proof that it isn't?

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Any chance you could post up the alleged agreement? :typing:

Have they supplied you with proof that it isn't?

Thanks or your response.:tinysmile_grin_t:
I received a copy of the agreement (attached but sorry its on its side, cant seem to turn it...)
I also received copies of statements dating back six years.

[FlamingParrot]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Is your own copy as illegible as the one you've posted?

I've rotated it but still can't read it. However, it appears to be just the front of the application form. Is that all they sent you (other than statements)? That doesn't appear to have the prescribed terms. :thumb:

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Is your own copy as illegible as the one you've posted?

I've rotated it but still can't read it. However, it appears to be just the front of the application form. Is that all they sent you (other than statements)? That doesn't appear to have the prescribed terms. :thumb:

Thats exactly what mine looks like, yiu can read the hand written parts which ive cut out (names etc)
The t&c's are illegible though...
That us all i received and the statements are do not have any company logo or details on either...

[FlamingParrot]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

I shouldn't think that would be enforceable based not only on it not being legible, but also lacking the prescribed terms. Even allowing for the lack of legibility, they just don't appear to be there.

Have you any idea how you applied for this card? Was it a mailshot? In store?

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

I shouldn't think that would be enforceable based not only on it not being legible, but also lacking the prescribed terms. Even allowing for the lack of legibility, they just don't appear to be there.

Have you any idea how you applied for this card? Was it a mailshot? In store?

i think it was in store.
what do you mean by prescribed terms?
The problem is that I have sent the CPR request and CCA to late to receive them back before the date my defence had to be submitted. I requested an extension as I was away for two weeks and didn't have time to do anything about it before I went. They says they can't extend past the 28 days. So I'm wondering what I can put on my defence form if I don't have any information back off them.

[FlamingParrot]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

[RIGHT]
i think it was in store.
what do you mean by prescribed terms?

Credit card agreements are regulated under the Consumer Credit Act. A properly executed agreement should contain all the prescribed terms. The prescribed terms are set out in Schedule 6 of the Consumer Credit (Agreements) Regulations 1983. Without going into detail, none appear to be on that page. I recall Sainsburys were chasing customers trying to get them to apply for cards in store around 10 years ago but I didn't apply. Is it possible the terms were never on the application and were sent later with the card?

The problem is that I have sent the CPR request and CCA to late to receive them back before the date my defence had to be submitted. I requested an extension as I was away for two weeks and didn't have time to do anything about it before I went. They says they can't extend past the 28 days. So I'm wondering what I can put on my defence form if I don't have any information back off them.

That's correct, CPR 15.5 allows the parties to agree to an extension of up to 28 days, not indefinitely.

The illegible copy you got, was that in response to your CCA request?

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Credit card agreements are regulated under the Consumer Credit Act. A properly executed agreement should contain all the prescribed terms. The prescribed terms are set out in Schedule 6 of the Consumer Credit (Agreements) Regulations 1983. Without going into detail, none appear to be on that page. I recall Sainsburys were chasing customers trying to get them to apply for cards in store around 10 years ago but I didn't apply. Is it possible the terms were never on the application and were sent later with the card?
That's correct, CPR 15.5 allows the parties to agree to an extension of up to 28 days, not indefinitely.

The illegible copy you got, was that in response to your CCA request?

The illegible copy was sent when I claimed the debt was statue barred.
i have only just sent CCA and CPR request letters due to the hol.
I think you are right about terms and conditions only being sent after with card as I did have a separate sheet with them on.
Amethyst mentioned that if both parties agree a further extension can be agreed, is this not the case then?
I am concerned now as they will clearly not respond to the CCA and CPR request in time as it gives them 7 days and my defence date is a 23rd July. If this is an argument I can use what should I put in the defence?
Can I now only rely on my original argument of the account being made up of penalty charges and was in dispute at the time it was passed on to DC?
or can I put non-compliance to CCA and CPR request even though they aren't out of the deadline period?

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Ive just realised that ive sent the cca request and cpr request to the claimant and not the solicitors. does this make a difference, time wise?