Help with Barclays overdraft CCA and Small Claims

sense_2

Hi everyone

May I first apologise if this topic is covered elsewhere or I have posted in the wrong forum there is alot of information on here and I may have missed it.

Around 4th of june we sent via recorded delivery a CCA request regarding my fiances overdraft with Barclays. We went on holday on the 8th returning yesterday and there has been no contact from barclays apart from them taking my fiance to the small claims court for the outstanding balance which is around £1000 we are now panicking as we recived the court sheets on the 12th june so we have lost alot of time and as of yet we have heard nothing from barclays about the CCA we are going to go down the route of the more time box but we have already used alot of that time when we were away.

I have checked my bank and the cheque has not been cashed I understand that they are now in default but also have found conflicting evidence on wheather they need to prouduce one.

Can anybody out there please help us?
also is it possible to change the court address as it is in northampton and we are along way from there?

Thankyou

Tigert

Hi,

Someone more knowlegable will be along in a minute to confirm, but I'm pretty sure that overdrafts have different rules regarding CCA requests and still remain enforceable whether one can be provided or not.

So I'm afraid they do not have to produce a signed CCA to proceed with legal action.

penguin83

There are a few people who know loads about CCA's so they will be here soon to help you further but regarding your question about Northampton as soon as you defend the claim the case will automatically be transferred to your local court. x x x

sense_2

Thanks for the quick replys people.

GeorgeUK

There is not usually a credit agreement when an overdraft is taken out. This would mean that you cannot request a CCA for something that doesn't exist.

battyboimatt

That is correct CCA requests are not required for overdrafts as it is a formal arangment repayable on demand, so Barclays do not need to send you one, if he could pay it off before it goes to court that would be alot better

GeorgeUK

I'll link to this thread as it is relevent
http://forums.moneysavingexpert.com/showthread.html?p=11991421&posted=1#post11991421

I agree there's not much you can do before it is taken to court, but have you tried arranging a repayment schedule? The court would hope that an arrangement could be agreed before this went to court and if an offer has been made which is fair, then they may stop the proceedings. Might be worth considering.

This letter is taken from the national debtline and while it assumes that you have already made an offer, you should be able to amend it to your situation.

Dear Sir/Madam

Acc/Ref No 4563210025897412

Thank you for your letter of 01-01-2002. We are very disappointed that we seem unable to reach a satisfactory compromise in this case. As we have already explained, we can only afford £71 per month at the present time. This is the only realistic payment proposal bearing in mind the enclosed personal budget sheet.

You have stated in correspondence your intention to commence proceedings in the county court against us. The commencement of legal proceedings under such circumstances could be counter to the Overriding Objectives of the new Civil Procedure Rules. You will be aware that the Overriding Objectives underpin everything the court does. Moreover, paragraph 4 of the Protocols Practice Direction states that in cases not covered by an approved pre-action protocol, the court will expect the parties to act reasonably... in trying to avoid the necessity for the start of proceedings.

We would suggest that your refusal to accept our offer could be viewed as unreasonable and we would ask the court to consider this matter with reference to the Overriding Objectives.

The offer of £71 is of course still open to you to accept.

Yours faithfully