LINK/IDR Claimform - old Barclaycard debt

[citizenB]

Are there any default/penalty charges on the account do you know ?

 

Was there any Payment Protection Insurance that might have been mis sold ?

[fish-face]

Defo no PPI, I never had any of that stuff, not sure if default charges, one would have thought so

[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.

 

Having discussed this with another site team member, it could be implied that the termination notice was sent to you.. because of the assignment.. so you can leave that in

[fish-face]

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.

Is that a good thing???

 

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.

 

No who are B/shark??? and would that give me an advantage if they had?

 

Having discussed this with another site team member, it could be implied that the termination notice was sent to you.. because of the assignment.. so you can leave that in

 

leave everything in? and do not delete?

[citizenB]

No who are B/shark??? and would that give me an advantage if they had?

 

B/shark = Barclaycard

 

It proves their record keeping / reporting can be called into question ?

 

Fast track means that CPR is more strictly adhered to.

 

Requests for information when a claim is headed for the small claim are largely ignored by solicitors.

 

One downside to fast track is that costs are involved - these are limited in small claims.

 

Did you ever engage with B/Card when you first had your financial hiccup - ask to make smaller payments with interest frozen ?

 

If you are considering doing this now, you will need to provide an Income & Expenditure form.

 

Do you own your own home - if so, it is likely they will want a charging order placed.

 

I wonder if it would be worth considering a Time Order - see link below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?382658-Time-Orders&highlight=Time+Order

[fish-face]

Yes B card did take smaller payments with frozen interest.

.. I then fell behind and couldn't pay it at £100 a month

eventually ended up here..

 

 

. they sent me begging letters asking me to pay it off at half what I owed!!!

[dx100uk]

that's good news then that'll mean there is something erong with what they have sold on

 

no-wonder LINK brought it

no-one else would touch it.

[citizenB]

Ok so basically leave everything in? and do not delete?

 

Yes, my apologies for messing you around

[fish-face]

Any legal guys around yet??? still need to know what to really do and i don't want to send the CCA or CPR off until someone with legal savy confirms I should

[dx100uk]

you MUST send those off ASAP

 

get an sar off to BC too

you need to discover why they sold a £1?k debt to a know lemon chasing company.

[fish-face]

I'm worried about sending all these requests off if I have no chance of winning, is there any legal guys out there??

 

 

I thought I would have been pointed in the right direction by now as I have not got a lot of time,

i don't want to say i'm defending it when really I have no chance,

I do not want to make a bad situation worse

 

Please advise someone ASAP... many thanks

[citizenB]

Unless you do actually send out the requests, then you wont have the information that will enable you to make an informed decision.

 

The date of issue of the claim was 27th February, so your timeline is as follows :

 

Date of issue 27.02.2014 + 5 days for service = 04.03.2014 + 14 days to acknowledge = 18.03.2014 + 14 days to submit defence = 01.04.2014. So you have to make up your mind whether you are going to defend before 18 March

 

From the information you have provided - I dont see that you do have a sound basis for a defence - however, without knowing if the contract was set up correctly or whether you have been denied other statutory rights in the process leading up to this claim we cannot say whether you WILL have a reason.

 

You are concerned about having a CCJ placed on your home.

If your offer of payment is accepted,

then it is almost certain they will want security and apply for a Charging Order.

Apparently forced sales are very rare,

especially where young children are involved

and the defendant makes the payments required by the judgment.

 

If you defend and lose, the fact that the claim is for over £10k and will probably be heard on fast track, will leave you vulnerable to costs.

 

I have already provided you with a link to Time Orders.

 

I will ask one of those with more legal knowledge to look in on you.

[fish-face]

Thank you, yes that also bothers me about extra costs,

if i ask for the CPR and CCA how many days can they take to send this info?

if they drag their heels I will up against the clock to make my case for defence.

Do I give them a time limit? 3 days 5 days? Thanks for all of your help

 

Also there is no solicitor address listed on the Claim form do i just send back to IDR as stated on the claim form

[citizenB]

This is why it is so important to get those requests out almost immediately.

They WILL drag their feet - even though they are required to respond within 7-14 days.

You can ask for extra time, however you would need to have some inkling that you have a defence.

 

Did you receive a Default Notice from B/card (if it was incorrectly issued, it isnt a complete defence, but helps)

 

Did you receive the notice of assignment when the debt was sold

 

Have you been receiving Notices of Arrears - these are required to be sent out at least once a year (since 2008)

 

When you entered into the agreement - were the terms and conditions and required prescribed terms provided to you at the time you signed the agreement ?

 

At the end of the day, it is you that has to make the decision. It is not one I would want to make given the information you have provided.

 

Whilst you did engage with them originally and enter into a repayment plan

- you were unable to keep to that, did you explain this to them ?

 

 

Do you have other debts have you entered into and kept repayment plans with them?

 

I notice that your wife is also named on the mortgage this will restrict any Charging order application to your share of the equity.

[BRIGADIER2JCS]

CCA request £1 statutory fee 12 +2 working days to comply, SAR £10 statutory fee 40 calendar days to comply.

CPR free.

[fish-face]

This is why it is so important to get those requests out almost immediately. They WILL drag their feet - even though they are required to respond within 7-14 days. You can ask for extra time, however you would need to have some inkling that you have a defence. MM,mm,mmm they seem to have covered all the bases

 

Did you receive a Default Notice from B/card (if it was incorrectly issued, it isnt a complete defence, but helps) Yes

Did you receive the notice of assignment when the debt was sold Yes

Have you been receiving Notices of Arrears - these are required to be sent out at least once a year (since 2008) Yes

When you entered into the agreement - were the terms and conditions and required prescribed terms provided to you at the time you signed the agreement ? Probably it was 11 years ago in 2003

 

 

 

At the end of the day, it is you that has to make the decision. It is not one I would want to make given the information you have provided.

 

Whilst you did engage with them originally and enter into a repayment plan - you were unable to keep to that, did you explain this to them ? No I never spoke with any DCA or advisor after I stopped paying BC [/color ]Do you have other debts have you entered into and kept repayment plans with them? [color=red]None with I-D-R

 

I notice that your wife is also named on the mortgage this will restrict any Charging order application to your share of the equity.

 

Ok thank you my reoplies in red within the quote above, I think i'm a bit sunk...

[citizenB]

I have left an S.O.S for you - hopefully andyorch will be around later today with some advice

[fish-face]

Thanks, shall I just send the CCA and CPR requests anyway just to wind them up a bit?

[dx100uk]

YES ASAP.

 

and that sar to BC

we need info

 

have you any paperwork yourself?

old statements?

 

scan up that dn and the NOA.

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[fish-face]

Ok so I've sent the CPR and the CCA recorded first class if i then decided to admit could I still do that as long as its within the time limit???

[AndyOrch]

Hi Fish

 

Ok first you need to calm down and stop panicking its counter productive and will make you ill.

 

Okay you have sent CPR 31.14 and a section 78 (CCA) request to the claimant now you need to acknowledge the claim.This is done by registering to use the government gateway in order to get your username.Your password is already on the claim form.(keep these safe once done)

 

Acknowledging the claim now or within the 19 days does not commit you to defending or accepting the claim at this stage...its merely an acknowledgment of service.

 

Then we wait.....see if anything transpires from the above requests but keep an eye on your date to submit your plea.

 

In the meantime I want you to look at the links provided re Time Orders and also research Consent Orders/Tomlin Orders.

 

Thats all you can do at this stage so stop stressing.

 

Regards

 

Andy

[fish-face]

thanks Andy, I will try... to keep calm

[fish-face]

have sent of my AOS as defending the claim but what if I decide to admit the claim.... can I then do that before the due date???

[AndyOrch]

See my post #46 already answered

[fish-face]

Thanks Andy I was just double checking as it's didn't seem right,

I wanted to have a back out if needed,

 

 

if no paperwork received from Claimant by next Thursday what do i do then?

as I would need to send my form off by the Friday to make sure it's in by Tuesday 18th