LINK/IDR Claimform - old Barclaycard debt

[fish-face]

Hi,

I have just received a claimform from IDR (for Barclaycard) for £18k,

 

do not really know what to do,

 

would like to defend it somehow,

 

have only ever admitted the debt to Barclaycard,

 

when it went to default, since then I have not spoken or interacted with DCA's at all over this until

 

IDR sent the Claimform

 

have approx 10 days to reply.

 

What would you guys suggest?

 

have a home with plenty of equity but my wages are very low due to self emplyment after redundancy,

 

have two young children and a wife who is also on the morgauge,

 

so worried about a charging order going on my home.

 

can only afford to pay them about £50 Per Month HELP!!

[ims21]

Hi

 

I have moved your thread to the legal forum where the guys will be along to help as soon as they are available.

 

In the meantime, can you please tell us the date of issue of the claim (top right of the claim form) and also type up the Particulars of Claim verbatim. Leave out anything that could identify you.

Edited March 3, 2014 by ims21

[BRIGADIER2JCS]

What grounds have you for defending the claim?

Is this still in house with BC?

[fish-face]

None..

 

have not replied to any DCA since this was defaulted by Barclays,

 

thought maybe it was unenforcable as it was an old agreement..

 

just trying to do me best to block it really

 

but if my back is against the wall I may have to cave in and take it on the chin,

 

really concerned about a charging order though.

 

just cannot afford to make payments anymore than £50PCM at the mo

and worried that IDR/ the court will decide I have to sell....

[ims21]

How long ago was this defaulted?

[BRIGADIER2JCS]

When was the account opened?

When was the last payment made to the account.

What is the default date and

does the account show on your credit files.

[fish-face]

When was the account opened? 2003

When was the last payment made to the account. Feb 2013

What is the default date and Sold to IDR by Barclays 12th September 2013

does the account show on your credit files.

Not sure i have not checked my file thinking it may go against me

[ims21]

Can you please answer the points in post #2 above.

 

Who is the claimant on the claim form?

[fish-face]

IDR finance UK 11 ltd

[ims21]

And the date of issue and the Particulars of Claim please?

[fish-face]

Date of issue 27/02/2014 what do you mean by particulars?

I do not really want to post too many details for the world to see especially I-D-R Thanks

[ims21]

your time line is...

 

Issue date 27/2 plus 5 for service = 4/3. Add 14 days to acknowledge so you must acknowledge by the 18th March. You then have a further 14 days to file a defence which takes you to 1st April.

 

Get a CCA request off to IDR now. There is a template in the CAG library, the link to which is at the top of every CAG page in green.

 

You are anonymous on here.

If you do not wish to post up the Particulars of Claim (as featured in the bottom left hand box of the claim form)

then it is difficult to advise you what to put in your CPR request to them you should be asking via a CPR for any documents they reference in the particulars of claim.

[fish-face]

thanks I will do but what's a CPR?

 

if this is really defendable I will give it a go

 

but if you think it's tough and go then i may as well admit..

 

. I don't want to make a bad situation worse

[ims21]

CPR Request template is here

 

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

 

There may be grounds to defend this which is why all the questions.

 

If you don't defend then it is a guaranteed CCJ on your file for 6 years.

[fish-face]

here it is but I have change slightly dates, and figures

 

The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced 4929......................

and opened effective 04/07/2003

 

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 the 12/07/2013 a default was recorded.

 

As at 12/08/2013 the Defendant owed Barclaycard PLC the sum of £18,000,72.

by an agreement in writing the benefit of the debt has been legally assigned to the Claimant

effective 12/08/2013 and made regular upon the defendant shortly thereafter.

 

and the Claimant claims 1 £18,000.79 2

interest to section 69 county court act at 8% per anum from 12/08/2013 to 27/02/2014

of £££ and thereafter at the daily rate of 2.93 to date of judgment or sooner payment date 27/02/2014

 

Thank you for your help thus far

 

I appreciate all the help you have given so far,

I do not want to end up paying even more or a spell in clink if my defence is flawed

[ims21]

we have some details for the legal guys to work with.

They will be along a bit later.

 

As far as a spell inside goes,

in this country we don't bang people up for owing money

so you can completely dismiss any thoughts of that happening.

[fish-face]

It's the failing at my defence that worrys me Thanks for your help minefield, scary....

 

Also as they have not mentioned any documents in the claim particulars do i delete all of the below??

 

claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: the assignment*

 

3: the default notice*

 

4: the termination notice*

 

5: statement of account*

 

6: [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR

[ims21]

All of those items are mentioned or implied in the PoC so you can ask for all of them.

 

As I say, the legal bods will be along later so hang on for them to help you take this forward.

[fish-face]

Great many thanks as well as the CPR

do I need to also send the CCA now?

cheers

[BRIGADIER2JCS]

I appreciate all the help you have given so far, I do not want to end up paying even more or a spell in clink if my defence is flawed

Debtors prisons are a thing of the past now.

[dx100uk]

£18k!!

 

on a credit card!

what was your limit then>

 

dx

[fish-face]

Its not 18k... its a bit less, the figures have been changed a little to protect me from "eyes" it's over 13K but less than 18K and yes I had a biig credit limit... they were happy to throw it at me when I needed it and 2004-5 was when the balance crept up as i was stupid enough to throw it at my business

[dx100uk]

idr are link in sheeps clothing.

 

if Barclaycard sold it ... bet you theres something very wrong with the debt.

 

dx

[fish-face]

I really hope so awaiting legal guys help before it's too late...

[citizenB]

The only thing you need remove from the CPR 31.14 request is the "termination notice".

 

The fact that this is over £10,000 will mean it will be on fast track rather than small claim.

 

Did you receive a letter from B/shark just recently to say they had been misreporting to credit reference agencies ? I ask this question because so many people have received these.