Summons

[thecrill]

Good Afternoon all, about 5 years ago I had a current account with Barclays Bank, I applied for a personal loan and was granted it, I then had a dispute with the bank regarding the APR, and so I refused to pay any more instalments. I have been recieving demands from Link Financial and then Kearns Solicitors, more recently I have recieved a document regards going to county court, I have sent the 3 letters and also acknowledged the service, the problem I have is this, on the form it says I took out and signed for a loan with Barclaycard, I have never applied or been given a Barclaycard,the loan I took out was a personal loan from barclays PLC not a credit card with Barclaycard. Any help appreciated,Thank You.

[wales01man]

3 letters please enlighten us to what theses were

[thecrill]

The 3 letters asking for the deed of assignment and original credit agreement to prove the debt buyers are entitled to the claim

[des8]

Oh dear! the three letters .... I thought they had died long time ago

Let's start again and begin by posting up a redacted copy of the document you received about going to County Court.
(sounds like it might be a County Court Claim)

[thecrill]

It is a county court claim,the issue is they have got the wrong company on the particulars of claim, Thanks for the help

[atticus]

Then surely you can defend that you have never owed this claimant anything.

[thecrill]

Thanks for the reply, I am going to defend on that basis, I just wanted to know the legalities of them putting barclaycard instead of Barclays bank plc, I have never had a barclaycard

[thecrill]

I dont want to alert the debt buyers/ solicitors because obviously they have got it wrong, but they may try and change the name, before it goes to court

[des8]

if that is a county court claim it is already in the court! and with court's permission they can amend their statement of case anyway

[atticus]

Trying to be too clever is not a good idea.

Have you been served with a county court claim form? If not, of what did you acknowledge service?

[thecrill]

I have been served a form by what used to be called northampton business centre,they have changed the name, I dont see how they can change the name on particulars of claim because I have never signed a credit agreement with barclaycard, The claim states I entered into a credit agreement with barclaycard ,clearly I did not,the bank has confirmed I had no account with barclaycard, so for a judge to simply amend the name doesnt come across as legal, They are asking me to defend a claim against a company I have never dealt with. Thank You for the help, much appreciated.

[efpom]

https://www.justice.gov.uk/courts/pr...l/rules/part17

[des8]

So they have made an obvious mistake.
Mistakes can be corrected with the court's permission (altho' it may cost)

You may have a better defence, but without sight of the claim (and other information) we are unable to assist

[atticus]

Another possibility is that on seeing your defence and investigating it, the present claim will be dropped and a new one begun by the correct claimant.

[thecrill]

So they have made an obvious mistake.
Mistakes can be corrected with the court's permission (altho' it may cost)

You may have a better defence, but without sight of the claim (and other information) we are unable to assist

what details would you like me to provide to give a better Insight