IDR/LINK Claimform old Barclaycard 'debt'

[jezbee]

Hello

 

 

i have just received a letter from Northampton county court and the claimant is IDR finance,

 

 

the debt was originally with Barclay card, then link finance bought the debt..

 

 

.this information was given to Stepchange debt charity as they are currently dealing with my creditors,

 

 

what can i do or what should be the first action?

 

 

should i deny owing the money? and tell the court this?

or write to the court and say i do owe some of it (not the mega interest they have charged)

 

 

and it and fill in an monthly expenditure form and offer a small amount ?..

 

 

..or print off the letter template here and ask for the original agreement?

 

 

please help as i am very unsure of what to do thanks

[SabreSheep]

HI there

 

First of all do not panic.

 

Please visit this thread and put the answers to the questions there on this thread and follow the instructions

This will allow others to assist you defend this.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

I am also moving this to the appropriate forum

 

Regards

 

SS

[dx100uk]

IDR/LInk eh.

 

 

well you defend all

 

 

and send a CCA request

and the relevant CPR 31:14

 

 

never admit anything to LInk that's for sure

 

 

get that link done.

 

 

dx

[L1882]

Based on my personal experience you should:

 

1. Breathe
   
2. Try to stay calm (not easy I know)
   
3. Don't panic - I know that is the same as number 2 but it's worth repeating. I have a number of CCJs simply because I panicked, I thought the world would come to an end if I didn't immediately offer to pay the shysters who were chasing me. You don't need to because you have found this place and you can get more help than I thought was ever possible - which leads me to:
   
4. Listen to the wonderful men and women on here, they really do know their stuff, most have been where you are and come out the other side and they've all helped countless people like me fight back - they can help you.
   

[jezbee]

Name of the Claimant ? IDR Finance UK 40 Dukes Place london

Date of issue – 16th April 2015

 

What is the claim for

 

 

– the claimant claims the whole of the outstanding balance due and payable

under an agreement referenced XXXXXXX and opened and effective from 9/05/12.

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

The defendant failed to make payment as required and by 5/2014 a default was recorded,

as at 5/14 the defendant owed Barclaycard plc the sum of £4900.

By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective 5/14.

And made regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter.

And the claimant claims-1 50000

2-interest pursuant to section 69 county court act (1984)

at a rate of 8% per annum from 02/14 to 04/15 of 40000

and thereafter a daily rate of 97 to date of judgement or sooner payment 4/15

What is the value of the claim? £5500

The claim is for credit card

 

When did you enter into the original agreement before or after 2007? Agreement entered 5/2012

is the Debt purchaser who has issued the claim. IDR finance

I did not receive a Notice of Assignment?

 

I am sure I received a Default Notice from the original creditor

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure as before I contacted stepchange I was hiding the letters

Why did you cease payments? I had no money, although working and had ran into financial difficulty

What was the date of your last payment? Sept 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 managementicon plan?

I contacted STEPCHANGE in june 2014 originally and updated all my creditors info and wife’s in December 2014. And we have set up a joint

 

Also I registered with moneyclaim.gov.uk and inputed my Claim number and password and it is not recognised either?

[jezbee]

ok i will send the CCA request...in the mean time what do i do regarding the courts? do i admit or dispute the lot?? thanks

[dx100uk]

defend all

leave juris unticked

 

 

get a CPR off too

[havinastella]

Your only defence here is if Stepchange have set up an agreement to pay B/card/link/whoever and you have not stuck to the agreement (Estoppel) You will need proof that they have accepted a payment proposal and have then issued Court papers for this.

 

As this is a recent credit card, it seems strange that Bsharks have sold it on so quickly!

[jezbee]

i have sent cca letter inc a cheque for £1 ...what is a cpr and juris? thanks

[dx100uk]

should really give them a cheque with a sug on it

which is why we recommend blank £1PO.

 

 

have you ack'd the claim on mcol yet?

 

 

CPR is in the legal section of the top green library tab

 

 

dx