Court Claim received

[Chaps72]

I received a claim sometime ago and have been to court for a default Barclaycard Credit Card, the claimant was ordered to give disclosure of all documents in its possession relevant to the claim by 24th September, this must include the relevant Termination Notice or an explanation of why not.
I must also serve the Claimant and the Courts with a my witness statement. I have received the Claimant’s witness statement and they still couldn’t supply a Termination Notice and their explanation is Barclaycard do not routinely keep a record of the termination notice, as such the Claimant cannot disclose this.

What does this mean to my case before going back to the court

[Chaps72]

Hi everyone. I need some urgent help if possible.

My hearing is on Monday and they have sent me a bundle containing hundreds of data statement pages (not actual normal statement pages). They have failed to produce the signed CCA and also a termination notice which the judge had asked for. They state that Barclaycard do not keep them. What are their chances of success?

This is my first time and I am worried about a CCJ. Is it a good idea to try and settle outside of court? If so, what do you suggest? They are claiming around £9000.

Hope someone can assist. Thanks

[echat11]

The Termination Notice (it tells you what you need to do to rectify the account and what they will do if you don't) should have been issued in accordance with Sections 76 (1) and 98 (1) of the Consumer Credit Act 1974, before they Defaulted the account.

[Chaps72]

The Termination Notice (it tells you what you need to do to rectify the account and what they will do if you don't) should have been issued in accordance with Sections 76 (1) and 98 (1) of the Consumer Credit Act 1974, before they Defaulted the account.

Ok, thanks very much, just that the claimant has said Barclays do not routinely keep Termination Notices therefore they cannot produce one, that’s what’s in their witness statements.
Just that the judge had requested for it or an explanation why they do not have, in the last sitting.

[Chaps72]

So, What does this mean to my case before going back to the court, that they don’t have the Termination Notice, what does this mean to the case and is the debt still enforceable with out the Termination Notice?

[echat11]

So, What does this mean to my case before going back to the court, that they don’t have the Termination Notice, what does this mean to the case and is the debt still enforceable with out the Termination Notice?

You can state to the Judge / Court that they haven't complied with the CCA 1974. They should have sent you are Termination Notice, they didn't do that, you weren't given the opportunity to rectify the account, ultimately it's up to the Judge to make on how much relevance he places on their 'non-compliance'.