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SolicitorRM
SolicitorRM, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 5386
Experience:  Director and Principal Solicitor. UK
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In September 2017, a debt I had with Barclaycard was sold to

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In September 2017, a debt I had with Barclaycard was sold to a debt buyer.  I submitted a request to the buyer under section 78 of the CCA 1974 for a copy of the documentation required by the act.
Barclaycard replied with a copy of original terms and conditions, original address, but no account number, no signature. None of the other requirements under the act were provided.In January this year I received a letter of claim from the debt buyers solicitors (PAP) but did not respond.In April this year I received notification from the court that a default judgment has been granted to the claimant for the entire debt because I had not submitted a defence to a claim. This was because I did not receive a claim.I called the claimant who said that the claims papers had been returned to their solicitors saying not at this address.  The correct address was on the envelope but somehow it was not delivered to the correct address.Is there sufficient grounds here for a set aside of the judgment.  If the claim went to trial would I be able to defend successfully the claim if no further evidence was presented?
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Nicola
Customer: replied 2 years ago.
Hello Nicola
I am happy to continue to wait.
Thanks for your assistance, Barry

Hi, thank you for your enquiry and your patience. With the application to set aside unless they have the evidence that the claim was sent by traceable mail and they provide the certificate of service you could rely on Rule 13 for your application. A creditor's responsibility is to serve on last known address and if they can show that that is your current address there would be prospects of succeeding with the application. Now with the documents whereas historically the creditor was responsible for providing you with a copy of the agreement that you would have signed, they can now provide the terms and conditions that would have been applicable at the time when you applied for the credit. It will be difficult to support an argument that the debt is unenforceable simply because you have been provided with the standard terms and conditions. I think you may want to apply for the set aside with the hope that they have nothing to evidence the sending itself and then although there may no established prospects of success you would get an opportunity to settle any judgment within 30 days of it being made preventing the CCJ appearing on your credit file. I hope this is useful to you.I would be grateful for your rating at your earliest convenience. All the best

SolicitorRM, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 5386
Experience: Director and Principal Solicitor. UK
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