Barclaycard/hoist strike again,help please

[Diana M]

Re: Barclaycard/hoist strike again,help please

a CCJ had been issued against me on the 17th of October 2016.I have been away from my home address since early August due to ill health and missed all correspondence that has since been forwarded on to me(received today) . . . . .

. . . . and the last year I have been Ill so have been unable to work.

. . . . . I sent a form N244 to hopefully get this set aside

I'm sorry to hear you've been poorly for the last year so away from your home address and unable to deal with your affairs. I do hope you're on the mend now

When you filed your Application for a set aside did you also file a Witness Statement with it explaining in some detail why you were not served with the county court summons?

You may get an opportunity to do that later before the hearing if the court accepts that a hearing is the way forward not a decision on paper.

Sometimes a 'sob story' (your ill health) can be what it takes for a DJ to be persuaded to give you a second chance. Do you have any medical evidence you could produce to support your application?

Di

[Keano91]

Re: Barclaycard/hoist strike again,help please

Di Thanks,Yes on the one page I discussed in detail that for the last year I have been under the doctor for depression and anxiety,I also have spent time in Hospital very recently(17/9/16).It was at my doctors advice to leave the area I was and get away completely from some of the root cause that was causing me to be ill.This was my defence for not being able to be available to receive any paperwork that arrived.All of the above can be verified by my doctor.

Thanks

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Di Dont mean to sound stupid but whats a s.77-79 CCA.

Thanks,

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Di. Look forward to your help tomorrow.

Thanks.

[Diana M]

Re: Barclaycard/hoist strike again,help please

Di Dont mean to sound stupid but whats a s.77-79 CCA.

. . . . . Di. Look forward to your help tomorrow.

You are not stupid!

Sometimes legal proceedings feel as if you're in a foreign country where you don't speak the language.

I don't understand the offside rule in football (it's been said that Victoria Beckham doesn't either )

Try not to let this situation increase your anxiety. From what you say you've been through a rough time.

Let's try to get this sorted for you in the least stressful way.

Di

[Keano91]

Re: Barclaycard/hoist strike again,help please

Might help.

Thanks.

http://www.offside-ref.co.uk/laws/11...rule/detailed/

[Diana M]

Re: Barclaycard/hoist strike again,help please

Might help.

http://www.offside-ref.co.uk/laws/11...rule/detailed/

Nope, still don't get it

Di

[Diana M]

Re: Barclaycard/hoist strike again,help please

.The debt was for 8150 pounds but now because of interest and court charges they are claiming 12955 pounds!

If you can get the CCJ set aside the claim is likely to be allocated to the Fast Track due to its size (£13k). If that happens you will be at risk of the other side's legal costs if you lose so it's good to get as many legal arguments as you can all lined up (not just SB).

Because of the the amount of the claim you can expect some resistance to your application for a set aside too. Are you able to get a letter from your doctor to back up your statement about being away from your address when the claim was served? That may help you.

Are you still away from that address with reliance on mail being collected for you?

Can you type out the Partivulars of Claim as it appears on the front page on the claim form please. That will be your starting point for evidence gathering. It's a Barclaycard from 1995 so let's hope the paperwork isn't readily available to the Claimant.

Di

[Keano91]

Re: Barclaycard/hoist strike again,help please

Di thanks,

Im sure that if I was to go to my Doctor and ask he would provide as its the absolute truth that we had a discussion about me getting away from the area and going on an extended holiday which I did.

Yes I am still away from the address however I have asked that if any mail should turn up it is sent to me promptly.On the N244 I placed the address that I am currently at.

The claim is for the sum of 8409 in respect of monies owing under an agreement with the account number xxxxxxxxxxx pursuant to the consumer credit act 1974(cca)The debt was legally assigned by MKDP LLP (Ex Barclaycard)to the claimant and notice has been served.The defendant has failed to make a contractual agreement under the terms of the agreement.A defaul notice has been served upon the defendant pursuant to S.87(1)CCA.The Claimant claims 1.The sum of 8409 2.Interest pursuant to s69 of the county court act at a rate of 8.00 percent from the 31/12/2010 to the date hereof 2085 is the sum of 3842.3.Future interest accruing at the daily rate of 1.84.4.costs.

Thanks