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  1. HI there, Due to ill health and before I got into financial trouble I went to CAB who suggested writing to all credit and banks to inform them of my illness. Most of them have been very helpful, apart from MBNA who then allegedly sold it on as soon as they could. So, I need some help with this court case (end Oct) I have been sending requests to MBNA to confirm that they sold the account to Link who sold it to IDR. MBNA have been ignoring my letters, I sent a SAR to all 3 which all of them ignored. Contacted the ICO and eventually got some response from Link and MBNA, but still nothing about the selling of the account. After exchanging list of documents with IDR I asked to see notice of assignment, notice of arrears and default notice. I got these forward flow agreements; no name on them just a bulk purchase agreement with all the other debts/accounts blanked out except mine. This sheet was not attached to the flow agreement. I requested confirmation from MBNA (since I did not receive notice of assignment etc.) who just ignored my letters only one saying they do not keep the Notice of Arrears or Default notice on file as these are autogenerated by the computer!!. They have never confirmed sale. I went to the Ombusdsman (FoS) and they said I should try to resolve it with MBNA first by putting in a formal complaint to them that was months ago! Just keep on getting odd occasional letters from them saying “ ..sorry for the delay we will contact you soon.” Can anyone help or point me to someone who knows about these things? I have tried 2 local solicitors (rural area) who have no idea about these matters. One checked the Law database for Forward flow agreements but came up with nothing. I received from Link an Application Form and T&C's which, as you can see, are almost unreadable. IDR said that it was compliant with the CCA request - see what you think. I feel that since the others have been helpful during my illness that MBNA should have done the same. Complained to the Information Commissioner’s Office – some success - and FoS who told me to try and resolve it myself, but time is running out what with all the hospital appointments for us both and a very sick elderly mother to look after. Sidley
  2. Hi everyone I hope I've posted this in the correct forum as I'm back again just looking for advise and general pointing in the right direction. I've received a letter (PDF attached) and presume at this stage all I can do is send a CCA request to Link? Do I send a SAR to Link and MBNA or just to MBNA as they were the original creditor? Regards Suss Link.pdf
  3. yesterday I had a case dismissed in the County Court brought by IDR via Kearns. A quick run down of the case: Following the sale of a Barclaycard debt to IDR, a letter was received from Link demanding money together with a default placed on my credit record. [removed] I challenged the allegation. This seemed to put them off - or so I thought. A year later I received a hearing letter via the Northampton courts and subsequently submitted a defence. This led to the case being successfully stayed. At this point I submitted a CCA and S78 request to Link via Kearns. Kearns reply was that they did not need to apply the time constraints I had specified. It took them almost six months to provide this information and at the same time they (without notice) successfully applied to have the stay lifted. My first mistake was not applying for the claim to be struck out following the specified time. the claim was then directed to the fast track process due to the debt being in excess of 10k - which as we know has the added risk of costs!!!! In deed a number of letters from Kearns continued to warn me that "costs were escalating"..... I decided to focus all my efforts into compiling what I considered a rock solid defence based upon the fact they had failed to send the correct doc stated. What I did receive was a photocopy of a photocopy of an application form, the "deed" of assignment and some letters allegedly sent from both Barclays and IDR. Eventually, almost 18 months later I had my day in court. Firstly the DJ was extremely accommodating and seemed to have an air of empathy with me (maybe fed up with the likes of Kearns appearing in court (or their advocate) with no defence presented and therefore continually being awarded the case on default! Lesson 2 - ALWAYS SUBMIT A DEFENCE!!! The case was planned for a day but was done and dusted within three hours. It seemed the claimants main argument was based on a moral argument that I had paid some of the debt at some point and the address on the application married with my current address so therefore I owed the money. I made no attempt to deny a barclaycard was at some point held but that the assignment and default process was not followed correctly. I was shown copied of Barclaycard statements for a period of three months highlighting my address and the amount outstanding. The counsel then stated that if they had provided ALL the statements for the life of the account then it would have been several folders worth... the Judge then commented that they should in deed be there. I thought nothing of this statement..... We were told to leave for an hour to allow the DJ to read through the paperwork until judgement. One coffee later we were called in and the DJ went on to say that she accepted the application form and that it seemed the deed of assignment were correct (despite being a pre 2007 agreement). As she went through her findings I felt that I was now facing the judgement of awarding the case to IDR but possibly not the statuary interest. It was at this point that I was then shell shocked went she went on to say - "how could she possibly award an amount specified by Keanrs on behalf of IDR if she could not see how the debt was accrued (by virtue of not seeing ALL statements) and announced case dismissed!!! I was asked what costs I wanted to be considered and in the numbness said nothing and that I was just happy with the verdict. The assigned debt was £13k, but with inflated costs from LINK had risen to £18.5 and was then looking at aprox £6k of legal costs....this was going to cost me in region of £25k my lesson ere is never give up hope, to do not crumble under pressure and present yourself in an amicable manner during court (the DJ remarked on how well I conducted myself and that i was quite right in challenging any alleged debt! Thanks to the likes of these forums I was able to see that there was another outcome than just allowing a default CCJ to be registered. Now on to getting the default lifted!!!
  4. Hi, This isn't a 'part two' I have been reading for hours and have only just realised that IDR have two companies IDR and IDR II. My post is relating to IDR II they have sent me a claim form through the county court. I asked for a CCA a while back from a different debt collection agency and they told me they didn't need to provide one. I have ignored all further letters. I now have this claim form that I need to enter a defence in for. I'm not sure where to start. I have just been reading through a thread of someone in a similar position but the posts are a few years old so I don't know if it is still relevant. There is a claimant of IDR Finance UK II and an address of a solicitors under it for payment and correspondence. The particulars state The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced _____ and opened in march 2007. The agreement is regulated by the Consumer Credit Act 1974, was signed by the defendant and from which credit was extended to the defendant. The defendant failed to make payment as required and by may 2013 a default was recorded. As at June 2013 the defendant owed mbna the sum ____ By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective June 2013 and made regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter. It then says what they are claiming plus interest. Should I ask this new company for the CCA or the solicitor? or the previous debt collection company? Or should I get mbna to confirm? Do I just acknowledge that I have received the papers for now or do I need to write my defence in the 14 days frame? Any help would be much appreciated
  5. The Barclays account in particular is dated 2000 . I have read that many of the agreements dated as far back as then do not have enough terms and conditions on the credit agreement and it is by a long way the most uncomprehensive agreement i have seen . Outside of that clutching at straws to be honest , like i said i would have settled them for her had they been able to meet me at a slightly lower per centage but my understanding is link are less likely to negotiate downwards than others.
  6. Hi Everyone, I've tried reading as much on here as possible however I'm now at a point whereby asking might be a clearer way forward. Debt - £2583.32 Creditor - Barclaycard I've had a letter through from Kearns Solicitors informing me that I have to pay the outstanding debt of £2583.32 is required in full otherwise I'll be taken to court in 14 days. I contacted them stating that I was unable to make any form of payment and that I had sent a financial statment to both IDR and Link whilst making an offer of £1pw. I was told that Kearns could either enter into a 12 month payment plan for the full amount of the debt or take full payment now. I said that this wasn't possible in which they said I would receive a summons in 14 days time. To cut a very long story short (as possible) I had to give up work to care for my disabled daughter whom is ventilated 24/7 and requires 2/1 care 24/7 in July 2013. On doing so it meant I was unable to pay my creditors and I also lost my house. As soon as I gave up work I started contacting my creditors informing them of my situation. Whilst most couldn't do anything until I actually defaulted, I was able to deal with all easily enough however this could only be done when my partner was present or the limited nurse cover we have was. Unfortunately I've lost track of who I've dealt with however I did forward a letter to both Link & then IDR along with a financial statement making an offer. I believe I spoke with Link however I can't be sure I spoke with IDR. Apologies if I've given any information not required however I thought some circumstances might be helpful. Any help/guidance would be greatly received. TIA
  7. Hello i have just received a letter from Northampton county court and the claimant is IDR finance, the debt was originally with Barclay card, then link finance bought the debt.. .this information was given to Stepchange debt charity as they are currently dealing with my creditors, what can i do or what should be the first action? should i deny owing the money? and tell the court this? or write to the court and say i do owe some of it (not the mega interest they have charged) and it and fill in an monthly expenditure form and offer a small amount ?.. ..or print off the letter template here and ask for the original agreement? please help as i am very unsure of what to do thanks
  8. OK after concluding my case with the OC I am now in a position to deal with this. History Launched action Against OC for unlawful penalty charges and interest in restitution. This case was concluded to my satisfaction. The debt had been previously sold on to IDR. The OC did not purchase or buy back the debt. Now its time to wrap this up. Outstanding balance is £2670 ish I am unemplyed (but waiting for last paycheck to come in) and then will apply for benfits while I seek work. Both the OC and Link answered a CCA request with a reconstituted copy plus a few variations from where the account was varied. Account was opened early 2000's no later than 2004 Am I right in saying as this is a pre 2007 that a reconstituted is required for enforcement? Also am I also right in saying that as they varied the contract they MUST provide a true copy of the original? The reasons for asking this is that I am wanting to build a case to allow a discounted F+F settlement Advice on how to proceed? Thanks peeps.
  9. Hello, I need some advice! I am helping a friend with their debts and although have done this before for someone else about 5 years ago I am rather rusty and not sure what has changed! I have been through the site reading threads and have now got some templates but want to make sure I'm on the right track and to get some advice on the POCs as I haven't come across one this long!.... Claim form received - date of issue 30th May Northants CCBC Claimant: IDR Finance ~(London address) Claimant contact for all paperwork - IDR Finance (Scotland address) POC: The claimant claims the whole of the outstanding balance due and payable under an agreement referenced **acc number** and opened effective from 18/04/2001. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. The Defendant failed to make payment as required and by 25/10/2013 a default was recorded. As of 14/10/2013 the Defendant owed Barclaycard PLC the sum of £12808.14. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 14/10/2013 and made regular upon the claimant serving a Notice of Assignment upon the Defendant shortly thereafter. And the claimant claims:- 1. 12938.12 2. Interest pursuant to Section 69 County Court Act (!984) at a rate of 8% per annum from 14/10/2013 to 30/05/2014 of 539.09 and thereafter a daily rate of 2.71 to date of judgment or sooner payment. dated 30/05/2014 I think I need to send a CCA request to IDR. Do I need to send one to Link too? they were the one's handling it prior although I understand the two companies work together? I am planning to do a CPR 31.14 to IDR Going to send off acknowledgement of service and have ticked that intend to defend all of the claim and also contest jurisdiction... By my calculations the defence must be in by the 2nd July which I think is fine providing the above letters go asap and they don't respond within 12 days of receipt? Any advice really appreciated! Thank you!
  10. Around 7 months ago I wrote to all my creditors to say I was struggling to maintain payments. While I am working full time my wage was badly affected by the downturn and I was using credit to live as my whole income was going onto priority debts. I was diagnosed with a mental health condition in 2009 and the stress was making me so ill I had to do something. I prepared an I&E form and wrote to each of my creditors offering this amount and this was excepted. I was surprised to get a reply from barclaycard requesting only 5.45 per month which was much less than the £30 approx I offered them. I have never missed a payment on any of these plans which range from £5 to £28 and these were set up before I stopped paying my contractual amount so there was never a missed month. The biggest debt is Barclaycard with a balance outstanding of around £12k. BC are aware of my medical condition as doctors proof was provided, I thought it was practice to deal with these debts themselves. I received a letter from BC on the 17th November saying they had assigned the debt to IDR and in the same envelope a letter from IDR saying I should forward all future payments to them and my payment plan would be honored for 6 months. As I had paid BC on the 7 th Nov by standing order I changed the next payment due on the 7th Dec to Link. However, I have received a letter yesterday from them saying I have missed a payment on the 16th Nov and so the whole amount will be due!!! I didnt even know it had been assigned to someone else on this date!!! I emailed Link and explained and received an email back saying they admit there was limited time between the assignment and the first payment so the 7th Dec will be accepted and my account will be reviewed in 6 mths. I told them the stress of this letter demanding the full amount was making me physically ill and they told me they have no information whatsoever that I have a diagnosed mental health problem despite BC having doctors proof of this. After looking online I found out that the CSA code of practice states that 3rd parties should be informed if a debtor has mental health problems and this info should be passed on if another company has been instructed to collect. I cant believe BC have sold this on so quickly when I have paid every arranged payment on time. They have another one that was originally with egg but no mention of that one being sold and that's a much older account with a much smaller balance. Do you think they have sold it as I owe such a large amount? I am a homeowner but on an interest only basis and with the drop in house prices I still believe I am in negative equity. I do not think there is much point in CCA as the account was only opened in 2008 so I expect the agreement to be available quite easily. I am terrified what this lot will do in 6 months time judging by the wording in this first letter. I haven't ate or slept since I received this letter on Thursday and I fell like I am not coping very well. I am grateful for any advice
  11. Hi all, In short IDR has decided they want to take me to court - fine! I've enclosed a copy of the agreement with MBNA (minus sensitive bits) along with the Court Papers. I never filled in the application form in 2003, just signed it as I didn't think i would get credit. I was approached by a Homebase Rep whilst walking around the isles and asked if I would like a credit card. I said what the hey and didn't think more about it - boy did I not see this coming!!! So what other bits of info should i submit to the court? Thanks Badboy....Bill
  12. Dear sir/madam, My husband and I had quite large debts with mbna, we choose (stupidly) to borrow on 0% credit cards instead of borrowing on a loan with a fixed rate and an end date. (we all live and learn). We ran into difficulties reducing the balance because the cards went form charging 0% - 29.9%, paying £700.00 per month and reducing balance by about £30.00 per month, you probably don't need me to tell you that we could not keep this up, we wrote to mbna who were quite helpful and put the accounts on 0% and reduced payments, we were paying £460.00 per month and made great strides in reducing the debt. Then out of the blue, we got a letter saying that the debt was being transfered. This is where the real troubles started. (by the way we have experienced cards being transfered before and nothing has changed with regards to paying). People have been ringing us night and day for huge amounts of money. Plus sending the odd letter. Now my husband has received a claim form for an CCJ. I have filled out the request for more time on moneyclaim site. I have been getting advise from payplan who are really saying we need an IVA. This is not what we want. Surely there is another way. We are in our late 40's and have always paid back what we have borrowed plus interest. Really don't know where to go with this? We have all the paperwork etc. hope someone can help or point us in the right direction? Many thanks for your time regards
  13. My husband had a HP agreement with Ford Credit for a van for his business. Last year I lost a job and eventually got DLA after 5 months for a chronic illness (MS). This resulted in cash flow problems. We missed 2 payments but did catch up a bit. Ford Credit lost patience and sold the debt to IDR Finance C/O Link Financial Outsourcing. I have requested to continue paying the instalments (29 left) but insist on the full amount of £10015.72. IDR C/O lINK will not accept payments and will not reply to my letters in writing. I have been given a run around. We have a good business and are surviving, but we need the van as it is a mobile workshop. I am not sure if IDR have bought a debt or the HP contract or whether Link Financing own the debt. They are threatening us wih reposession and baliffs. I also work with my husband. If the van is taken away then we have no income. I have written to IDR on 04/04/13 stating I am going to put a Time Order in the local court. I have also found a way of paying IDR C/O Link through their website - should I continue to do so. Can anyone advise please. Help.
  14. Hi all, I'm new to the CAG and also forums in general, so please bear with me! I've been finding a lot of useful information over numerous threads, but was wondering if anyone could offer any case specific advice. In early 2011 I fell into arrears on an MBNA credit card after they increased interest rates, meaning that the minimum monthly payment nearly doubled. Due to personal circumstances I was unable to meet the new monthly payments and continued to pay £75 per month, as previously. However, I contacted MBNA and provided them with details of my income and expenditures. They agreed a reduced payment plan with me of £35 per month, which I paid faithfully. In April 2012, I received a letter on IDR Finance headed paper, advising that they were giving notice that the debt to MBNA had been assigned to Link Financial Outsourcing Limited on 29 March 2012 and that on the same date, Link had assigned the benefit of the debt to IDR Financ UK Limited. The letter states that as a result of the assignment the debt was now owed to IDR and Link were acting as servicer for the debt. The letter advises that any payments should be made to Link at the PO Box shown above (no PO Box details were actually given) and that no further payments should be made to MBNA. I was therefore left with no choice but to contact them by telephone. I spoke with one of their 'advisors' and said that I wanted their bank details so that I could continue to make the £35 a month payments, as had been agreed with MBNA. I was told that they were not prepared to accept such a payment and they were seeking recovery of the full amount. I told him I was not in a position to pay the full amount, otherwise I would have cleared the debt directly with MBNA. He then went on to suggest that I take out a loan to pay the amount, or perhaps sell my house. I was disgusted with the careless and frankly irresponsible 'advice' he was giving and told him I would only be in a position to pay on a reduced payment plan. He said he would knock 20% off the debt then and there and I repeated that I still was not in a position to pay. He said he would put a hold on the account for 7 days and asked me to ring him back to discuss my 'circumstances'. I researched Link and decided it would be prudent to only communicate with them via written correspondence. I therefore wrote to them on 25 May, making an ex gratia offer and also advising that I would only be prepared to deal with the matter via written correspondece. I also advised that my partner had been ill health retired and that I was due to go on maternity leave in August, which would mean a further reduction in income. I have therefore been engaged in written negotiations with them, with offers on both sides being made for settlement sums. I continued to receive telephone calls to both my mobile and work number from the advisor I orignally spoke to. I eventually had to write a letter of complaint as despite written requests on 3 different occasions for the phone calls to cease, he then rang through to main reception number at my place of work, which my boss was not best pleased with. The phone calls finally stopped. They made a counter offer in writing in early August and before I had time to respond, I received an lba from them at the end of August. I immediately wrote to them advising that I thought the LBA was unnecessary and also it advised they were seeking payment of the full amount, yet they had already told me they would accept a reduced amount. I advised them that I am due to give birth in the next couple of weeks (now within a matter of days) and that I have also been made redundant, so I made a final ex gratia offer and said if they were unable to accept that, I would only be able to pay them £10 a month at the moment, which would begin to pay in October if I heard nothing further from them. I have now received court papers from Northampton county court and IDR Finance have issued against me for the full amount, plus the issue fee and interest. My question is, if we were in the middle of written negotiations, how can they suddenly decide to issue proceedings for the full amount? This is a blatant waste of the Court's time and incurs unecessary costs. Is my best course of action to defend the claim in full? Any help / advice is much appreciated. As with everyone else experiencing the ups and downs of life and struggling with debt, this is one thing I could do without at the moment!
  15. I seem to have been issued with a CC claim from IDR Finance (28th May 2012) & a letter from Link Financial (28th May 2012) asking for the same amount £10,664. They inform me that the 'Benefit of the Debt has been legally assigned' to IDR. 2 things - I have not been informed that this has happened by MBNA, Do I respond to the claim notice or ignore it, I don't know if this is a legitimate claim form or legit assignment at this stage?
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