LINK/IDR Claimform - old Barclaycard debt

[fish-face]

Is this better? do the points at the bottom refer to my case?

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied on receipt of this claim I requested a copy of the agreement that the claimant refers to by way of a section 78 request.This was sent to the claimant by 1st class recorded delivery using royal mail postal service on the 4th March 2014.The claimant has acknowledged receipt on the 10th March 2014 but has failed to comply.They are therefore prevented from seeking any relief until their compliance.

 

3. Paragraph 2 is noted I requested information pertaining to this alleged debt from the Claimant by way of a CPR 31.14.Copies of the Default Notice/Notice of Sums in Arrears and Notice of Assignment ,again they failed to provided me with my requested documents on which this claim relies upon.

 

4.Paragraph 3 is denied I have no recollection of a Notice of Assignment and as no payments have been made the debt has not been made regular.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a) show and disclose how the Defendant has entered into an agreement; and

 

(b) show and disclose how the Claimant has reached the amount claimed for;

 

© show how the agreement was breached and legally terminated to allow the claimant to claim relief.

 

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure icon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited April 1, 2014 by Andyorch
Edited.

[AndyOrch]

Yes thats better you now just need to address the actual debt within 2/3... a claim is not based on what you ask for and what they dont comply with its based on an alleged amount of monies owing for whatever reason.

 

Can you just refresh me as to why you stopped payments ...was there any dispute...unfair charges....missold PPI?

[fish-face]

Just couln't afford the repayments.

[AndyOrch]

And did you approach BC and request help by way of freezing the account and setting up a payment plan?

[fish-face]

You've no choice really

[AndyOrch]

The seven months ...paid to BC or IDR?

[fish-face]

BC, I have had no dealing at all with IDR or link.

. never spoke to them or acknowledged them once by speech or letter

 

Until the claim, then I sent them my CPR and CCA requests

[AndyOrch]

Okay so their point in 3. of their particulars " made regular upon the defendant shortly after " is untrue.You see once you make payment to a assignee you accept the assignment ..legally..you have not so we question the validity of the assignment within the defence.

 

I need to do a little work on your points 2 and 3 and add some history ...this will be later this evening Fish Face so Ill get back to you later.

 

Just one last point have you ever received a Default Notice form BC or Notice of Sums in Arrears since default and after assignment?

[fish-face]

Any news Andy?

[AndyOrch]

I have edited your defence in post above.

..check its content and accuracy or edit and if you are happy with the statement copy and paste into MCOL.

Print your reciept as proof of submission.

 

Regards

 

Andy

[fish-face]

Great thanks all seems good to me, I will let you know how it goes.

 

Andy

[AndyOrch]

4.Paragraph 3 is denied I have no recollection of a Notice of Assignment and as no payments have been made the alleged debt has not been made regular.

[fish-face]

Thank you

[AndyOrch]

I thought you was unavailable this afternoon FF hence the rush this morning?

[fish-face]

??? yes I was.. anyway many thanks for your help, all signed sealed and delivered.

[fish-face]

Just a heads up... still no court date set or even mentioned.. I presume this is a good thing as IDR obviously have not got the documents to back up their claim

[AndyOrch]

May be worth a quick call to Northampton to check that the status of the claim is stayed.

 

Regards

 

Andy

[fish-face]

OK thanks Andy

[fish-face]

Hi, according to the Northampton CC it's stayed, how long can this hang over me as stayed? does the claimant have a set time limit or action is cancelled?

[AndyOrch]

Indefinitely...no time limit.....I have known stays be lifted after 2 years.

[SabreSheep]

Perfect time to investigate reclaiming penalty charges on the barclaycard and claiming interest in restitution 29.99% api. This can have a signiificant impact on the balance. EG a £20 charge in 2004 would be worth a few hundred by now.

 

This could be used to offset and depending on how many charges made and when, possibly lead to the balance being wiped.

[fish-face]

Update on my original post. So far to date this is still Stayed.... so all good. I presume after all this time it will never open up in court.. Thanks for all of your help so far, will update if anything progresses

[AndyOrch]

Lets hope so FF

[fish-face]

Lets hope so FF

 

 

Update... still nothing and still stayed

[dx100uk]

what a changed attitude to post 1 and the panic you had..

you see what we mean now eh??