Court Claim - MKDP LLP / Barclaycard - 10-12-2014

[clastewart]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Hi Amethyst,

Yes it has on the separate one? Does this mean that I've no hope in defending? Still awaiting the other documents requested in the CPR letter?
Any thoughts what I should do as time is getting on?

Thank you
Chantel

[nemesis45]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Out of interest is your name and address on an otherwise blank sheet of paper?

[clastewart]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

On the back of the 2nd page of the Barclaycard letter (they have printed double sided) my name and address is on the top left hand side then just below the middle of the page is an outlined box with "Your right to Cancel: Once you have signed this agreement, you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post by us" Thats all that is on the page?

[nemesis45]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Emm, is that information "to follow" included with the other documents provided?

nem

[clastewart]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

No it wasn't included??

Everything they sent me was printed double sided and quite hard to read in places? Im not sure why sending Debt Collectors/Creditiors the CCA letter if they are allowed to produce reconstituted documents with no date or signature on it.

Does any one have any thoughts on how I should put my defence together now? or it it game over? Have no clue what to put on the defence form now they have produced this recon CCA. Could really do with some help please??
Many thanks
Chantel

[Amethyst]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

As your agreement was taken out in the 1990's then they should provide you with a copy of the original agreement. You should make a positive assertion that what you have received isn't what you signed & that they have failed to comply full with the CCA s.78(1). You need to check the terms and conditions to ensure the interest rates and default charges etc printed are the correct ones from when you opened the card in the 1990's.

Attached are terms from another case - they are the terms as varied not the original terms from inception. - so along with those they need to provide the ORIGINAL terms

Is this page what they purport is the original :- http://www.legalbeagles.info/forums/...0&d=1422707222 :and was there anything else with it ? Can you read it enough to see what interest rates, phone number, default charges there are?

[clastewart]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Hi Amethyst,

Yes that is the page that they purport to be the original. Totally illegible apart from larger sub headings. Can see Credit Limit and Charges but not enough to read the small figures. They sent along with this document the Barclaycard Conditions stating Key Financial Information, Annual Interest Rates etc and default charges over 2 pages double sided.

[Amethyst]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Okay, the Barclaycard conditions that came with are those the terms from inception ? Can you read the interest rates and default charges on those? CCA Agreement.pdf - this is the front page of that, yes ? and those are a recon of IMG_4186 copy JPEG.jpg which is purported to be the original agreement but is illegible and doesn't contain your name and address.



And this is the latest T&Cs - Barclaycard contions Pg1.pdf (ie. the terms as varied)

Just trying to suss out exactly what you've been sent compared to what you should have, then we can put it together in the defence.

[clastewart]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

HI, Im not sure what the terms from inception were as it was 20 years ago that I took it out? On the Terms & Conditions, yes I can read the interest rates and default charges.

Agreement - yes you are correct that is front page and that of a recon which is purported to be the original agreement but it is illegible and doesn't contain name and address.

Thank you

[clastewart]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

They still have not yet sent me the default, notice of assignment and formal demand?

[Amethyst]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

What are the interest rates and default charges on the inception agreement recon ?

The default & NOA will go in the defence anyway as they haven't sent them - not sure if you have read the draft example which gives a good overview ( http://www.legalbeagles.info/forums/...t-Court-Claims )

Just checking what we need to be arguing about their non compliance with the CCA request.

[clastewart]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Hi, Thank you for you help. Yes I have been looking at example of Defence but not all applies to me so will have to taylor it to my case etc. Embarrassed Defence as they have not submitted all the docs that I have requested??

Ok so on the recon agreement there is a small outlined box bottom left but I can't read it all that well so can't make out the figures?

[pt2537]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

if i can get the go ahead to post the judgment that me and tom got against these buffons, then im sure it would assist.

We got a declaration of unenforceability and also a costs order against them

[clastewart]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Well done thats excellent news and gives me some hope. really need to get these monkeys off my back :tinysmile_cry_t:

[pt2537]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Well done thats excellent news and gives me some hope. really need to get these monkeys off my back :tinysmile_cry_t:

ive posted the judgment on my blog and on the forum