Link/IDR claimform - old Barclaycard debt **settle by F+F

[sweenstar]

Hello there

I was wondering if there is anyone out there who has some experience in this field who would kindly offer me some words of advice and guidance on my current sticky situation.

 

Me and my wife work full time and part time respectively and juggle the cost of child care, bills, mortgage payments and food bills in accordance with our income, as I'm sure you will appreciate this is not always an easy task.

 

In March of 2012 (after many sleepless nights) I entered into an agreement with my credit card companies to have the balance frozen and pay what I could ,This worked for some ..........

 

My Barclaycard account was Assigned to I D R finance,

who appointed Link financial outsourcing to manage the account on there behalf.

 

I D R agreed to honour the informal agreement with Barclaycard at a rate of £1.00 per month and review in 6 months time .

 

 

However after 3 payments they refused to send payment slips and the account was frozen as I had no way of paying.

 

I have had no contact with anyone regarding this account (No I did not move house)

until the first week of January 2014 when I received a claim form from Northampton County court with the claimant being IDR finance UK limited claiming roughly £4,500.

 

Disagreeing with the amount owed

I have done the Acknowledgement of service online

so am trying to prepare some kind of defence.

 

I have obtained my credit report and to my amazement there is now two active accounts on it registered in default ?

 

 

One with Barclaycard (the original lender) owing an amount of roughly £4,200

and one with link financial owing an amount of roughly £3,800.

(but it's IDR taking me to court)

 

What's even stranger to me is that none of those two account numbers match the account reference on the particulars of the claim

 

I'm really confused and in desperate need of your guidance.

 

I have until the end of this month (being January) to submit a defence.

 

Please Help

[havinastella]

Can you post up the full POC!

[rizlajon]

dont worry one of the team here will help u im sure. they all do a great job here in helping ppl out

[havinastella]

Remove any identifying info.

 

Welcome to CAG, you have found the right place.

[oleg]

1 When did you open your Barclaycard account?

2 Did you ever submit a CCA r

equest?

3 Pls type out the particulars of claim to enable us to consider what strategies are available.

4 Pls type out exactly what you wrote in defence.

[sweenstar]

Many thanks for your speedy reply.

Account was opened On the 5/5/2005.

CCA request was submitted Jan 2013.

CCA was received Feb 2013(I never singed the agreement)

No defence yet submitted.

Thank you both for showing interest.

[sweenstar]

Just in case you could not read the POC in the attachment in the previous post it reads as follows :-

 

The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced ############6000 and opened effective from 23/11/2005.

 

 

The agreement is regulated by the consumer credit act 1974 , was singed by the defendant and from which credit was extended to the defendant.

 

 

The defendant failed to make payment as required and by 6/9/2012 a default was recorded.

 

 

As at 20/3/2012 the defendant owed Barclaycard plc the sum of 3,840,39.

 

 

By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective 20/3/2012 and made regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter

 

 

.And the claimant claims :-

1. 3940.39

2. interest pursuant to section 69 county court act 1984 at a rate of 8% per annum from 12/6/2012 to 06/01/2014 of 461.22 and thereafter at a daily rate of .81 to date of judgement or sooner payment. Date 06/01/2014.

 

All help gratefully received.

[oleg]

Sorry for asking about the defence you submitted, when clearly you hadn't.

I was confusing your post with someone else's.

 

As you may know, chances are they would need to be able to produce the original CCA, properly executed, to enforce a pre-2007 agreement.

 

 

You said yours was unsigned.

Was it a copy of the the agreement or just the application form?

Or a reconstituted agreement?

 

And do you have the default notice?

Some Barclay DNs of that era failed to allow the legally required time to remedy the default.

[sweenstar]

Sorry More information :-

 

Having just typed out the POC

I can see there is a difference in the date the account was opened ? From what they say and what I say.

 

They say the 23/11/2005 ?

I am not sure where this date has come from because on the Credit Card Agreement there is no date what so ever.

 

However on the attached terms and conditions at the top of one page there is 5/5/05 and the next page 14/10/2010. ?

 

Confused ?

[oleg]

Is it just a generic thing they've supplied? A proper personalised CCA would have to include a date.

[sweenstar]

What I have should be a copy of the executed agreement as requested under section 78.

What I actually have is a reconstituted copy of my credit agreement.

Unfortunately I do not have any default notices.

 

kind regards

[oleg]

The penny's dropped.

You sent off an application form and the CCA came back with the card,

neither you nor Barclays ever signed it. Correct?

 

If so, this may prove unenforceable, as it's not properly executed.

 

That alone may not be sufficient to convince some less sympathetic judge, so a non-compliant DN would be a bonus.

 

If the DN was sent by Mercers that could also help because it can be argued that,

not being the owners, they were not entitled to default you.

 

You will need to send the claimant a CPR request for the documents they intend to rely on.

 

They are not compelled to comply but the court can order disclosure if they don't.

 

It's a pity you don't have the DN.

I don't think Barclays retain copies, just a record on their comms log.

[sweenstar]

Thanks for reply

 

The DN (according to the particulars) was recorded 6/9/2012. "AS AT 20/03/2012 THE DEFENDANT OWED BARCLAYCARD PLC THE SUM OF 3840.39.BY AN AGREEMENT IN WRITING THE BENEFIT OF THE DEBT HAS BEEN LEGALLY ASSIGNED TO THE CLAIMANT EFFECTIVE 20/3/2012"

 

So Correct me if I am wrong the default notice would have come from IDR finance, not Barclays.

Sorry for being ignorant is CPR court proceedings ?

I do not think they would be so efficient and get that to me within ten working days ?

So I have to prepare a defence ??? panic , panic, panic,

I still do not know who owns the debt ? IDR are the claimants but on my credit report there are two debts in default one with Barclaycard and one with Link financial.

 

Still in need of HELP I'm worried I will soon have bailiffs knocking on my door taking everything we own and slapping a repossession order on our house.

Has anyone looked at the legality of the POC ???

 

Any help gratefully recieved

[havinastella]

Stop panicking

 

If this was me, I'd send the CCA request to Barclays ASAP.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974%282-Viewing%29-nbsp

 

I would make sure you insert this

 

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

You may also want to SAR Barclays as the information they send you could be priceless down the line.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request

 

Make sure you acknowledge the claim online, this will give you an extra 14 days to prepare your defense.

 

You then need to send the solicitors on the claim form the CPR31.14 letter, asking for EVERY document they have mentioned in the POC (This is vital)

 

Let me know if you need a link to the CPR31.14.

[havinastella]

Have a good read here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage%281-Viewing%29-nbsp

[sweenstar]

Hi Havinastella,

 

Thanks for your great advice and guidance, I am new to all of this and find it quite daunting as many of us do in this situation.

 

So to start I will send a CCA request to Barclays and do I copy and paste this at the bottom of the template ? :-

 

" (a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due. "

 

I will send the SAR to BARCLAYS too.

 

As for the CPR 31.14 letter do I send that to IDR finance who are the Claimants as there is no mention of solicitors on the Claim form ?

 

I have already done the Acknowledgement of service and they have to receive my defence by the 8th of Feb, if I send these things off Monday morning do you think I will receive anything back in time to mount a defence ?

 

Thanks again for taking the time to help me

[havinastella]

Yes the CPR to whomever is mentioned on the claim form.

[sweenstar]

Ok Thanks, CCA Request done, SAR done.

Can you please send me the link for the CPR 31.14

Many Thanks

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

Regards

 

Andy

[sweenstar]

Thanks for your reply,

just to update you, I have now sent CCA requests, SAR and CPR 31.14. Which they would have received today via recorded delivery (21/01/2014).

would you advise waiting now for the 7 days (CPR31-14) to see what they send ?

Thank you for your help.

[sweenstar]

Hello All,

 

I have a reply from IDR finance and can you believe they think I have just sent them a generic letter off the internet ? What a CHEEK ! The nerve of these people, here's me having sleepless nights and there just having a laugh at my expense. Anyway rant over I need to start preparing a defence before they take us to the cleaners !

If any one has any kind words of advice or guidance please it would be gratefully received. HEELLLPPP

There response reads as follows :-

[Desperate Daniella]

Hi sweenstar,

 

I will have a look tomorrow.

 

Hang in there.

 

DD

[citizenB]

Just in case you could not read the POC in the attachment in the previous post it reads as follows :-

 

The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced ############6000 and opened effective from 23/11/2005. The agreement is regulated by the consumer credit act 1974 , was singed by the defendant and from which credit was extended to the defendant. The defendant failed to make payment as required and by 6/9/2012 a default was recorded. As at 20/3/2012 the defendant owed Barclaycard plc the sum of 3,840,39. By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective 20/3/2012 and made regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter .And the claimant claims :- 1. 3940.39 2. interest pursuant to section 69 county court act 1984 at a rate of 8% per annum from 12/6/2012 to 06/01/2014 of 461.22 and thereafter at a daily rate of .81 to date of judgement or sooner payment. Date 06/01/2014.

 

All help gratefully received.

 

It looks to me as though when you sent off the CPR31.14 you didnt fully read and amend it and also didnt understand what you could and could not ask for .

 

You can only request copies of documents mentioned in the claim form. As they rightly advise, they do not mention a default notice - they say a default has been recorded. These are 2 different actions.

 

You could of course request a copy of the agreement and associated documents eg terms and conditions and also the Notice of Assignment. You might want to send the following CPR part 18 request. This is a request for information only and depending on their response is whether you can then request sight of the documents.

 

It would appear they not going to provide copies of the Default Notice and termination notice without a fight.. so I have provided for these in the draft below. Sign and send it only if you are happy with the content. If you wish to add other items which are not mentioned in the PoC then feel free, but remember, you can only ask "questions".

 

 

 

 

[ATTACH=CONFIG]48841[/ATTACH]

[mjt2013]

OP, you really must read and understand the requests you make and everything you do in this process. If you don't then you could find yourself in a real pickle if you have to start explaining things you've done or said to a court.

[Guest Angel235]

But you have used them from the internet and not adapted to you!!

 

Understand what you are sending they now know you don't really know what you are doing so they will use this to their advantage!

 

Be careful