County Court Claim help

[JNS]

Hi, I received a CC Claim from MKDP back in August, the value is under 5K, regarding a Barclaycard (pre 2005). I sent them a CPR 31.14 request which they didn't respond to and I had to enter a defense or get a default. So far the claimant failed to respond to the defense and the time limit has already passed.

Do I apply using a N244 form for the claim to be struck out?

Thanks

[alham]

Re: County Court Claim help

Correct.

[JNS]

Re: County Court Claim help

Is there a template on how to fill the form? What info should I put in as the reason for the claim being struck out?

Do I request an order to comply with my CPR request or for a strike out?

Thanks

[miliitant]

Re: County Court Claim help

i take it you have had no allocation questionaire yet from the court

what was the defence you submitted

[JNS]

Re: County Court Claim help

no questionnaire, I phoned the court and they didn't receive the reply from the claimant and it's already weeks after the 28 day deadline for their reply to my defense. They say that the claimant has to apply for a stay to be lifted if they want to proceed.

[miliitant]

Re: County Court Claim help

This is the problem you will find

in say six months they find the documents and request a removel of the stay

i would apply for a strike out before they find any evidence

by delaying you are giving them more time

[alham]

Re: County Court Claim help

I concur, fill in n244, asking for case to be dismissed on the grounds that the claimant is unable to produce supporting documents confirming assertion that you are the debtor. And do it quick

[Binita]

Re: County Court Claim help

Hi I am totally new to all this, so apologies if I am posting in the incorrect place but I am desperate for some help and advise.

My dad has received a county court claim from mkdp llp representing Barclaycard and this has panicked me. My dad is out of the country for another month and I have been keeping an eye on his mail which is how I came across this. My knowledge and information in the claim is very limited.

They are claiming the sum of £1500. Now I can pay this on behalf of my dad ( if I don't then he will just ignore it as he doesn't have the money for it) but is there anything else I can do?

i have no information as to what the original balance was, how much the charges and fees are? Is it too late to query this with Barclaycard? Can I ask for an extension from the court until my dad returns?

the claim states the monies are from June 2011 so does this mean once this is cleared the balance on the card is £0?

Any help or information will be appreciated.

[alham]

Re: County Court Claim help

From what little information you have it appears that if you do repay the amount the balance should be zero UNLESS that's the amount that is overdue and there are other sums that have not defaulted yet. Obviously the bank WILL not speak to you about this account. You can send the letter to court to say that the Defendant is away but then the question maybe how does he have the money to go away?