Link/IDR Claimform - old Barclaycard 'debt'

[Duo]

Hello,

 

I am trying to write a defence to this claim and I was hoping that you could help me.

Name of the Claimant? IDR Finance UK II LIMITED

Date of issue? 05/02/2015

What is the claim for – the reason they have issued the claim?

 

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

and opened effective from --/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 --/02/2014 a default was recorded.

As at --/02/2014 the Defendant owed Barclaycard plc the sum of £11K.

By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective --/02/2014

and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter.

And the Claimant claims-

1. 1110510 2. Interest pursuant to Section 69 County Court Act (1984)

at a rate of 8 % per Annum from --/02/2014 to --/02/2015 of £808.06

And thereafter a daily rate of £2.32 to date of judgment or sooner payment.

Date 04/02/2015

 

signed: IDR Finance UK II Limited

 

Note: The numbers in the Particulars of Claim are the numbers they wrote. Also there is no actual signature from IDR Finance. Is that allowed?

 

What is the value of the claim?

£12323 including interest of £808 and court fees of £540.

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Barclaycard Credit Card

When did you enter into the original agreement before or after 2007? According to IDR Finance, before 2007.

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim? Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment?

I was unaware that account had been assigned. I was not aware of any notice of Assignment.

 

Did you receive a Default Notice from the original creditor? I think I did.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No.

Why did you cease payments? Loss of income, injury and illness.

What was the date of your last payment? June 2013

Was there a dispute with the original creditor that remains unresolved? No.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

 

Yes. However, now it seems that while Barclaycard were telling me that the account was on hold and giving me time to sort out my issues and come back to them they were actively trying to sell the account on. I have a letter from Barclaycard agreeing that I have until the 6th of March 2014 to contact them so that we can review my situation and agree a way forward. Unfortunately it looks like they sold the account to IDR Finance before that date.

 

Other information:

I have acknowledged the claim and said that I am going to defend all of it.

 

When Link Financial contacted me by phone last year,

I thought that they were a debt collector for Barclaycard.

We spoke on several occasions and I let them know that I was working with StepChange

and gave them my reference number.

Each time I spoke to Link they confirmed that there would be no interest or charges on the account

however Link Financial / IDR Finance are now trying to claim statutory interest.

 

I have been talking to IDR's solicitors at Link and they agreed an extension for the filing of a defence however I need to file something on the 7th of April.

I sent IDR a CCA request in February followed by a CPR 31.14.

They responded to the CCA request saying that they were going back to Barclaycard for the documents

and that they needed 30 days and they didn't respond to the CPR 31.14.

 

However after both the 30 days they requested for the CCA and the 7 days for the CPR 31.14 had expired

I raised these requests with their solicitors who told me that they had put responding to these requests

on hold while we were talking and that their normal procedure would be to fulfil the requests

and then ask for a default judgement on the back of that.

 

 

They also said that while the CCA request was outstanding they could not file for a default judgement.

 

With the CCA request, I asked for a true copy of the original signed credit agreement an up to date statement showing all of the transactions on the account including interest and charges.

 

With the CPR 31.14 request I asked for a copy of

1. The Agreement

2. The Assignment of the account to the Claimant

3. The Default Notice

4. The Notice of Assignment served to the Defendant.

5. A Statement of Account showing how the amount claimed has been reached.

 

We are still talking but I think that I need to file something just in case they decide to go for a default judgement.

 

Thanks.

Edited April 6, 2015 by Duo

[BankFodder]

Probably this:-

 

 

1. The claim is denied
   
2. In any event any alleged debt is unenforceable as the defendant made a statutory request for a copy of the Consumer Credit agreement on XXXdateXXX and the claimant has failed to comply.
   
3. Furthermore, the original creditor was in discussions with the defendant and had agreed not to take any other action during the period of the discussions. Barclaycard's apparent assignment of the alleged debt to the claimant is in breach of that promise. The defendant is bound by any encumbrances accompanying the alleged debt and therefore they are estopped from bringing this claim.
   
4. The defendant has never been served with a notice of assignment - in breach of their statutory duty under the R.7.5 FCA Consumer Credit Sourcebook regulations (CONC)
   

Are there any late payment or other charges associated with this?

 

You need to read up on estoppel and on CONC

Why didn't you come here much earlier?

[BankFodder]

I also think that you need to tell us a bit more about the discussion you were having. What had been said so far. Had you been fully engaged in the discussion or had you gone silent on them?

[Duo]

BankFodder,

 

Thank you for your swift reply. Please see below.

 

Probably this:-

 

Are there any late payment or other charges associated with this?

 

You need to read up on estoppel and on CONC

Why didn't you come here much earlier?

 

There are late payment charges as well as over limit charges after the interest and late payment charges took the balance over the limit.

 

I will read up on estoppel and CONC.

 

I really wish I had come here sooner but I have been in discussions with them and I didn't want to do anything that could upset the apple cart since this is an open forum. The situation is a little complex because IDR say they have purchased a second Barclaycard account, which they were also going to sue but held off on once we were discussing the account that they had sued.

 

I also think that you need to tell us a bit more about the discussion you were having. What had been said so far. Had you been fully engaged in the discussion or had you gone silent on them?

 

I have been fully engaged in the discussion with them.

 

We discussed ways of settling this account without a CCJ. However they said that if they got a CCJ then they would ask for a Charging Order on the back of that since they wanted the security of a Charging Order. A Tomlin Order was not acceptable to them because the payments would be too low.

 

We discussed a Voluntary Restriction on the property, which would give them what they want without a CCJ but I would rather not have any restriction on the property and it may encourage other creditors to attempt to turn an unsecured debt into a secured debt especially since a debt purchaser did it.

 

We have also discussed the possibility of a lump sum payment and they are open to that too although actual amounts haven't been discussed yet.

 

They have agreed to a further extension for filing a defence but that would need the approval of a Judge. To help in the granting of the application I would need some documentation from them. Unfortunately I was unable to get it last week so in case I don't get it I would like to be in a position to file a defence.

 

With regards to the CCA request that I sent they first asked for more time so that they could go back to Barclaycard for the documents and when I enquired about it again after the extra time had expired they said that they had not sent it because we were in discussions and that if they were to send it they would then ask for a default judgement after sending it.

 

With regards to the CPR 31.14 request that I sent, I enquired about it after the statutory period for a response had expired and they said that they may decide not to comply with that request and that they had put it on hold as well.

Edited April 6, 2015 by Duo

[BankFodder]

Sounds to me as if they are trying hard to keep hold of all the strings.

 

How much of this have you got in writing? Especially their agreement to hold off pending talks?

 

Please tell us about the lat payment charges? How many were there and at what rate were they being charged - and when?

[renegadeimp]

Did you ever recieve a valid CCA?

[Duo]

Sounds to me as if they are trying hard to keep hold of all the strings.

 

How much of this have you got in writing? Especially their agreement to hold off pending talks?

 

Please tell us about the lat payment charges? How many were there and at what rate were they being charged - and when?

 

Do you mean in writing from Barclaycard or from IDR?

 

With Barclaycard discussions were done over the phone however, I do have some letters from them (and of course the notes I took at the time). Unfortunately most letters they send out are template letters.

 

The letters I have from Barclaycard are from November, December and February - I may have others elsewhere.

 

The charges total £120. £60 late payment charges and £60 over limit charges. They were charged monthly from July 2013 - November 2013 at the rate of £12 per month each.

 

Did you ever recieve a valid CCA?

 

No. They said that they had put that request on hold and that if they were to fulfil it they would then immediately ask for a judgment.

[Duo]

Do the errors they made in their Particulars of Claim help?

[BankFodder]

Which errors? Do you mean the calculations? I suppose that they can be used to stall the proceedings but they will easily corrected.

 

So I understand that all of this has been done on the phone and that you have no paper trail at all. Have you read our customer services guide?

 

 

They are not entitled to put the CCA on hold - and to use it as a bargaining chip is unlawful. Do you have this in writing?

 

I think that you should be sending off SARs to BC and to IDR immediately.

[Duo]

Sounds to me as if they are trying hard to keep hold of all the strings.

 

How much of this have you got in writing? Especially their agreement to hold off pending talks?

 

Please tell us about the lat payment charges? How many were there and at what rate were they being charged - and when?

 

Did you ever recieve a valid CCA?

 

Which errors? Do you mean the calculations? I suppose that they can be used to stall the proceedings but they will easily corrected.

 

So I understand that all of this has been done on the phone and that you have no paper trail at all. Have you read our customer services guide?

 

 

They are not entitled to put the CCA on hold - and to use it as a bargaining chip is unlawful. Do you have this in writing?

 

I think that you should be sending off SARs to BC and to IDR immediately.

 

I do have some paper trail, for instance Barclaycard saying that I should contact them by the 6th of March 2014 to review my financial situation and agree a way forward or they would have to contact me for repayment of the outstanding balance. I couldn't see a recording of this conversation unfortunately.

 

I don't have a statement from IDR that they had put the CCA request on hold but I do have a recording of this call.

 

Do you have a suggested course of action to get the CCA? Also will I have to sign the SARs?

 

I haven't read the customer services guide, but I will do.

[dx100uk]

until/unless they provide an enforceable CCA the claim is stayed

 

 

pers I'd be cutting all comms with them and totally ignoring them

unless/until the court write to you stating the stay has been lifted and you get a court date !!

 

 

LInk are the biggest fleecers out there

don't believe a word of what they say on the phone.

[dx100uk]

opps see theres an extension till 7th april

 

 

so you need to file the std holding / no paperwork defence

 

 

dx

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?435014-Claimform-IDR-Link-old-Barclaycard-debt/page2

 

 

post 62 here should give you the basis to adapt

 

 

dx

[BankFodder]

I suggest that you follow the advice from DX for the mo - but send off the SARs

[Duo]

Thanks DX!

 

I can do this but it is important that I don't end up with a CCJ. They basically told me that if they comply with my CCA request they won't be interested in settling.

 

Also can I amend my defence later?

 

until/unless they provide an enforceable CCA the claim is stayed

 

 

pers I'd be cutting all comms with them and totally ignoring them

unless/until the court write to you stating the stay has been lifted and you get a court date !!

 

 

LInk are the biggest fleecers out there

don't believe a word of what they say on the phone.

 

opps see theres an extension till 7th april

 

 

so you need to file the std holding / no paperwork defence

 

 

post 62 here should give you the basis to adapt

 

 

dx

Edited April 6, 2015 by Duo

[dx100uk]

IGNORE anything they have said on the phone.

 

 

this is link you are dealing with..

 

 

if you want to help him build his next wing on your handout

then do so..HAHA

this is where your money goes...

 

 

http://www.homesandproperty.co.uk/property-news/news/millionaire-debt-collector-digs-deep-south-kensington

[BankFodder]

Thanks DX!

 

I can do this but it is important that I don't end up with a CCJ. They basically told me that if they comply with my CCA request they won't be interested in settling.

 

Also can I amend my defence later?

 

It is almost certain that they don't have the CCA. If they had, they would have served it on you and there would have been no talk of settlement.

 

In any event you have the estoppel/conc defence to fall back on.

Take DX's advice

[Duo]

I suggest that you follow the advice from DX for the mo - but send off the SARs

 

Hi BankFodder,

 

Does this mean that I should leave the points you suggested in your initial post for after I have the documents from the SAR request?

 

As you said earlier it looks like estoppel could be used. You mentioned R 7.5 of CONC, did you mean R 6.5.2, which is linked to from the R 7.5 topic?

 

After reading through it I think that possibly also R 7.3. of CONC could be useful -

 

"A firm must suspend the active pursuit of recovery of a debt from a customer for a reasonable period where the customer informs the firm that a debt counsellor or another person acting on the customer'sbehalf or the customer is developing a repayment plan."

 

Barclaycard were informed that I was working with StepChange to produce a new plan on 04/02/2014 and they were given the reference number.

[Duo]

Arrrrggh!! Thanks guys!

 

IGNORE anything they have said on the phone.

 

 

this is link you are dealing with..

 

 

if you want to help him build his next wing on your handout

then do so..HAHA

this is where your money goes...

 

 

 

It is almost certain that they don't have the CCA. If they had, they would have served it on you and there would have been no talk of settlement.

 

In any event you have the estoppel/conc defence to fall back on.

Take DX's advice

[BankFodder]

After reading through it I think that possibly also R 7.3. of CONC could be useful -

 

"A firm must suspend the active pursuit of recovery of a debt from a customer for a reasonable period where the customer informs the firm that a debt counsellor or another person acting on the customer'sbehalf or the customer is developing a repayment plan."

 

Barclaycard were informed that I was working with StepChange to produce a new plan on 04/02/2014 and they were given the reference number.

 

This is extremely important news. This means that BC are also liable for this breach if statutory duty. You can sue them under CONC and I suggest that you start gathering everything together for a little pay-back later on.

 

Aren't you glad you cam to us now?

[SabreSheep]

Do you mean in writing from Barclaycard or from IDR?

 

With Barclaycard discussions were done over the phone however, I do have some letters from them (and of course the notes I took at the time). Unfortunately most letters they send out are template letters.

 

The letters I have from Barclaycard are from November, December and February - I may have others elsewhere.

 

The charges total £120. £60 late payment charges and £60 over limit charges. They were charged monthly from July 2013 - November 2013 at the rate of £12 per month each.

 

 

 

No. They said that they had put that request on hold and that if they were to fulfil it they would then immediately ask for a judgment.

 

Any charges Earlier in the lifetime of this account? ANY at all, even going back as far as 2002/2004 if you have to

[Duo]

Is this right?

 

Should I go ahead and include the Particulars of Claim on my defence including splitting it up and adding numbers as I have below?

 

Should I accept paragraph 1? It includes the claim, "The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant." Should that be dealt with separately?

 

Should I amend the response to paragraph 2 to make mention of the fact that I have never held a Barclaycard with a limit of over £1 million or should I leave the numerical errors in the claim for another time possibly to delay things if necessary?

 

I have added the dates that the CCA and CPR 31.14 requests were delivered to the IDR Finance address on the claim form as the dates on which they were served on the Claimant. Is this okay?

 

They say that they bought the debt from Barclaycard but this seems to be before a default was recorded. Is this possible? Does this mean that IDR Finance recorded the Default? They are not clear on what exact date the Default was recorded.

 

---

 

Particulars of Claim (for reference only)

 

1. The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced XXXXXXXX and opened effective from --/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.

 

2. The Defendant failed to make payment as required and by --/02/2014 a default was recorded. As at --/02/2014 the Defendant owed Barclaycard plc the sum of 1097510.

 

3. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective --/02/2014 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter.

 

And the Claimant claims-

1. 1110510

2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from --/02/2014 to --/02/2015 of 80806 And thereafter a daily rate of 232 to date of judgment or sooner payment. Date --/02/2015

 

Defence

 

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.

 

1. Paragraph 1 is accepted. I have in the past had financial dealings with Barclaycard however I am not aware of the account number in question and therefore requested clarity by way of a section 78 request. This request was served on the Claimant on --/02/2015. The Claimant has yet to comply.

 

2. Paragraph 2 is denied. I do not recall the exact date or nature of any breach.

 

3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclaycard. Therefore I have sought clarity by way of a CPR 31.14 request. This CPR 31.14 request was served on the Claimant on --/03/2015. The Claimant has yet to comply.

 

4. It is therefore at this time denied with regards to the Defendant owing any monies to the Claimant, and the Claimant is therefore put to strict proof to:

 

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

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

© show evidence of any breach and service of a Default Notice and subsequent Notices of sums in arrears

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

 

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

 

6. On the alternative, as 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.

 

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

 

---

[BankFodder]

No.

 

You simply put an abbreviated form of my suggested defence in post 2

 

 

1. The claim is denied.
   
2. Furthermore the claimant has failed to comply with a statutory request to supply a copy of the CCA so that any alleged claim is unenforceable in any event
   
3. In the event that the claimant supplies a CCA and amended claim, the defendant will file an amended defence
   

That is all you put.

[Duo]

Any charges Earlier in the lifetime of this account? ANY at all, even going back as far as 2002/2004 if you have to

 

SabreSheep, I will have to search through everything I have to check that. It could take a little while or may even have to wait for the SAR request to be fulfilled.

 

What is the significance of any charges?

[Duo]

No.

 

You simply put an abbreviated form of my suggested defence in post 2

 

That is all you put.

 

Thanks BankFodder,

 

This is even simpler. I have a question though, you suggested using:

 

3. In the event that the claimant supplies a CCA and amended claim, the defendant will file an amended defence

 

Should that be "or amended claim"?

 

And yes, I am very glad that I came to you guys for help.