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Re: Helmsman UE Diary
Hi Niddy,
This will be a long post as scanner not working.
Letter Barclaycard. Post 196 was previously telling me to send Terms and conditions supplied.
This letter says enclosed copy of original executed agreement and copy of latest t/cs of the acc prior to being trans to recoveries dept.
With ref to CPR we have provided you with sufficient info to allow me to understand their position. The CPR does not confer automatic entitlement to docs before proceedings start. CPR 31.16 provides that a party may apply to the court for pre action disclosure in certain ltd circumstances, which do not apply here. The application must be suported by evidence - and the usual order is for the applicant to pay costs of the application, including the respondants cost together with the respondants costs of complying with any order that is made as a result (cpr 48.1 (2).
This completes our obligation to me under Section 78 of the con sum cred act.
The new agreement sent differs from the one sent 7 months ago slightly it does contain name and correct address but have recived nothing with a signature ect nothing about late payments or cost of any late payments.
It is quite clear they have no application form or a signed agreement. But do they have enough.
Thanks Niddy hope that all made sense and I will await your wisdom on my best options.
As always many thanks
Helmsman
ps post 196 is page 10 on diary. useless on computer.
pps this acc probably 20 years old.
Hi Niddy,
This will be a long post as scanner not working.
Letter Barclaycard. Post 196 was previously telling me to send Terms and conditions supplied.
This letter says enclosed copy of original executed agreement and copy of latest t/cs of the acc prior to being trans to recoveries dept.
With ref to CPR we have provided you with sufficient info to allow me to understand their position. The CPR does not confer automatic entitlement to docs before proceedings start. CPR 31.16 provides that a party may apply to the court for pre action disclosure in certain ltd circumstances, which do not apply here. The application must be suported by evidence - and the usual order is for the applicant to pay costs of the application, including the respondants cost together with the respondants costs of complying with any order that is made as a result (cpr 48.1 (2).
This completes our obligation to me under Section 78 of the con sum cred act.
The new agreement sent differs from the one sent 7 months ago slightly it does contain name and correct address but have recived nothing with a signature ect nothing about late payments or cost of any late payments.
It is quite clear they have no application form or a signed agreement. But do they have enough.
Thanks Niddy hope that all made sense and I will await your wisdom on my best options.
As always many thanks
Helmsman
ps post 196 is page 10 on diary. useless on computer.
pps this acc probably 20 years old.
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