Hello Every one and Help needed

[tdmoggy]

Cabbot / Barclaycard have issued proceedings for a debt of 4k. Need help defending.

I requested disclosure, and they provided some info (

A signed application form,
Along with screenshots of statements
A mercers default notice without name and address of Barclaycard


I am yet to file a defence and needed some guidance as their paperwork is dodgy.
Any help or pointers will be much appreciated

[miliitant]

Re: Hello Every one and Help needed

mercers are barclaycards own internal dca
so how can mercers issue a default notice as your contract is with barclays, not mercers

to be picky i would be asking for details of the assignment between barclays and mercers by a part 18 request as only the creditor (barclays) can issue a default notice.

[bluebottle]

Re: Hello Every one and Help needed

Also, serve a written notice on them, requesting a Certified Copy of the application form. This is different to a Reconstructed or Reconstituted Copy of the application form in that it is a first-generation copy of the original application form and has to be endorsed with a legal statement along the lines of "THIS IS A CERTIFIED COPY", or "CONFIRM CERTIFIED COPY", or "I CONFIRM THIS IS A CERTIFIED COPY", signed and dated in ink by someone authorised to sign on their behalf. If they bleat about the Carey judgment, which they might try to do, make it clear to them that you will only accept a Certified Copy. If they refuse, you may have to bring this to the attention of the court, either yourself or through your legal representative.

If the paperwork is as dodgy as you say it is and Barclaycard are represented by a solicitor, they are bound by the Solicitors Code of Conduct and regulated by the Solicitors Regulation Authority.

Would it be possible for you to post the application form on this thread after covering any personal details so that myself and other LBs can look at it and advise accordingly?