Cabot, Barclaycard , Claim form. Plese help!

[Angelica]

Hello Folks,

I have Barclaycard defaulted in 2009.

I knew i have paid some money thereafter directly to Barclays though NOT in the last 2 years(I think!)

I cant remember getting a notice of assignment.

I just got the Claim form last week and will need advice to get it sorted.

I cannot afford the total sum.

Could entering arrangement to pay help to avoid CCJ at this stage?

Cheers

[charitynjw]

Re: Cabot, Barclaycard , Claim form. Plese help!

Hello Folks,

I have Barclaycard defaulted in 2009.
Ok.

I knew i have paid some money thereafter directly to Barclays though NOT in the last 2 years(I think!)
So probably not statute-barred, but still worth making sure.

I cant remember getting a notice of assignment.
Ok, this can be dealt with in due course.

I just got the Claim form last week and will need advice to get it sorted.
Have you acknowledged the claim with court?
If not, do so asap.
When was the claim issue date? (Front page N1 court claim form).

I cannot afford the total sum.

Could entering arrangement to pay help to avoid CCJ at this stage?
Possibly, & probably best arranged in the Mediation process which is offered FOC via the court.
Again, we can take a look & give opinion in due course.

Cheers

Hi Angelica

The most important thing now & throughout the claim is to follow court instructions & deadlines.
So acknowledge the claim as a priority; you should be able to do this via MCOL (in any event, instructions on how to respond should be provided within the court pack).

It would also help if you could post up the Particulars of Claim (Again, front of N1)

[Angelica]

Re: Cabot, Barclaycard , Claim form. Plese help!

I really appreciate your quick response.
Particulars of Claim:
1) The Claimant claims the sum of £XXXX being monies due from defendant to the claimant under a regulated agreement between the defendant and Barclaycard
(card number)
and assigned to the claimant on 31/01/2014, notice of which have been provided to the defendant.

2) The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974.
3) The claimant claims the sum of £XXX and costs
4) The Claimant has complied , as far as is necessary, with the pre-action conduct practice direction.

Issue date is 24th November

Thanks

[charitynjw]

Re: Cabot, Barclaycard , Claim form. Plese help!

A pretty standard bare-bones PoC, par for the course.
Ok, acknowledge the court claim asap; that will give you some breathing space.
If you live in England/Wales, do not contest jurisdiction.
Atm, defend in full; do not enter anything which could be construed as a defence on response form.
Let us know that you've done so.

[sloane82]

Re: Cabot, Barclaycard , Claim form. Plese help!

Make sure that you had ppi on the creditcard, get your subject access request, and check all the charges on your credit card. agree to pay £1 a month they probably owe you money, can you put letters up on here please.

[Diana M]

Re: Cabot, Barclaycard , Claim form. Plese help!

Is the Claimant Hoist and the solicitors Howard Cohen? Knowing who you're dealing with helps because they all fight in their own individual ways with different strengths and weaknesses.

How much is the claim for?

When was the Barclaycard account opened?

I see no reason to make them an offer at this early stage. Do your background research first.

Send a SAR to Barclaycard so you've got the true history of the account then you'll be in a better position to make an informed decision as to whether you wish to settle the claim or fight on.

Di

[Angelica]

Re: Cabot, Barclaycard , Claim form. Plese help!

1) Is the Claimant Hoist and the solicitors Howard Cohen?

2) How much is the claim for?

3) When was the Barclaycard account opened?

4) Send a SAR to Barclaycard so you've got the true history of the account then you'll be in a better position to make an informed decision as to whether you wish to settle the claim or fight on.
Di

1) Claimant is Cobot Financial and the Solicitor is Shoosmiths LLP

2) £7k plus

3) Before 2002. I cant remember the exact year but i used a lump sum in December 2002.

4) Do I send SAR to Barclaycard or to Cabot?

Thank you so Much

[Diana M]

Re: Cabot, Barclaycard , Claim form. Plese help!

1) Claimant is Cobot Financial and the Solicitor is Shoosmiths LLP

2) £7k plus

3) Before 2002. I cant remember the exact year but i used a lump sum in December 2002.

4) Do I send SAR to Barclaycard or to Cabot?

You send the SAR to Barclaycard. A debt purchaser such as Cabot doesn't always have access to the same information as you can get from the original creditor.

A SAR should reveal the call log and the transaction log enabling you to see what really did or didn't happen in the past. This can be really useful if/when you are sent reconstituted documents which may not be 'honest and accurate'.

You need to send a s 77-79 CCA Request to Cabot with a £1 postal order - if they can't comply with your request then they can't enforce the debt in court until or unless they do.

Feel free to ask any questions

Di

[Angelica]

Re: Cabot, Barclaycard , Claim form. Plese help!

Cheers.

Do you have links to templates of both?

Cheers

[charitynjw]

Re: Cabot, Barclaycard , Claim form. Plese help!

You need to send a s 77-79 CCA Request to Cabot with a £1 postal order

http://legalbeagles.info/forums/showthread.php?751-Consumer-Credit-Act-1974-Basic-Request-for-Original-Copy-of-Agreement

You send the SAR to Barclaycard.

http://www.legalbeagles.info/forums/...ur-information

[Angelica]

Re: Cabot, Barclaycard , Claim form. Plese help!

Thanks

Do I amend the letters to be £1 or £10 ?

Cheers

[Diana M]

Re: Cabot, Barclaycard , Claim form. Plese help!

Do I amend the letters to be £1 or £10 ?

http://legalbeagles.info/forums/showthread.php?751-Consumer-Credit-Act-1974-Basic-Request-for-Original-Copy-of-Agreement


http://www.legalbeagles.info/forums/...ur-information

When I clicked on that first link to the CCA Request Template Letter it directed me to the wrong link so you'll need to check you've got the right one first.

What you'll be sending is:

1. A CCA Request to Cabot with a £1 postal order.

2. A CPR 31.14 Request to Shoosmiths solicitors with no fee.

3. A SAR to Barclaycard with a £10 postal order.

But most importantly you need to go online and file your Acknowledgement of Service ticking the box which says you intend to defend all of the claim. This prevents the Claimant from getting a Default Judgment (CCJ) against you and gives you 33 days from the Claim Issue date to file your Defence.

I know it may all seem alien to you right now but the Beagles will guide you along the way

Di

[Angelica]

Re: Cabot, Barclaycard , Claim form. Plese help!

Again, both of them have the same wordings.

Is it the same letter with different name?

Cheers

[Angelica]

Re: Cabot, Barclaycard , Claim form. Plese help!

@ Di

I have acknowledge the court one. Thanks

Need little clarification on those letters.
Cheers

[Diana M]

Re: Cabot, Barclaycard , Claim form. Plese help!

Again, both of them have the same wordings.

Is it the same letter with different name?

Our posts crossed

There's an error with the first link.

See if this post by Amethyst helps you instead:

Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely) You can include a copy of your CCA request with this letter for information.