IDR/Link claimform - old Barclaycard Debt

[HampshireDad]

Hi Everyone,

 

I've tried reading as much on here as possible however I'm now at a point whereby asking might be a clearer way forward.

 

Debt - £2583.32

Creditor - Barclaycard

 

I've had a letter through from Kearns Solicitors

informing me that I have to pay the outstanding debt of £2583.32 is required in full

otherwise I'll be taken to court in 14 days.

 

 

I contacted them stating that I was unable to make any form of payment and that I had sent a financial statment to both IDR and Link whilst making an offer of £1pw.

I was told that Kearns could either enter into a 12 month payment plan for the full amount of the debt or take full payment now.

I said that this wasn't possible in which they said I would receive a summons in 14 days time.

 

To cut a very long story short (as possible)

I had to give up work to care for my disabled daughter whom is ventilated 24/7 and requires 2/1 care 24/7 in July 2013.

On doing so it meant I was unable to pay my creditors and I also lost my house.

 

As soon as I gave up work I started contacting my creditors informing them of my situation.

Whilst most couldn't do anything until I actually defaulted, I was able to deal with all easily enough

however this could only be done when my partner was present or the limited nurse cover we have was.

 

Unfortunately I've lost track of who I've dealt with

however I did forward a letter to both Link & then IDR along with a financial statement making an offer.

I believe I spoke with Link however I can't be sure I spoke with IDR.

 

Apologies if I've given any information not required however I thought some circumstances might be helpful.

 

Any help/guidance would be greatly received.

 

TIA

[dx100uk]

so what this about a summons?

 

 

link/IDR are the biggest fleecers out there

I bet if you read the letters PROPERLY

it doesn't say WILL court anywhere.

 

 

have you sent each creditor inc link a CCA request

to check they are legally ENTITLED to threaten you.

 

 

A DCA IS NOT A BAILIFF

and has

NO SUCH LEGAL POWERS

 

 

and STAY OFF THE PHONE

 

 

never ever speak about your debts on the phone

esp to a no powers DCA

[slick132]

Hi HantsDad and welcome to CAG

 

Can you say approx when the card a/c was opened. Or at least was it opened before or after April 2007.

 

If you haven't sent a CCA request to the present owner of the a/c, it may be worth doing for the cost of £1.

 

Use this link for the necessary letter - http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**&p=4193472&viewfull=1#post4193472

 

As DX says, stay OFF the phone from now on.

 

[HampshireDad]

I haven't spoken with IDR at all other than the solicitors yesterday. I arranged to pay some of my creditors £1pw which was setup with the help of sending them a financial statement. I used the same statement for other companies simply forwarding to them and only dealing by email if possible.

 

I think the card was taken out before 2007 however some or most of the debt would have been added afterwards.

 

The letter I have received is an LBA (letter before action) stating full payment within 14 days or they'll issue court proceedings. I contacted them, stated I couldn't pay nor could I enter into an agreement to pay over 12 months as I would simply default. The rep told me that I would simply have to wait the 14 days out and that I would then receive a summons. I was, as always polite and courteous and thanked her and hung up.

 

This is pretty much where I'm at.

 

I actually have a very good reason for not picking up the phone to these guys. Due to my daughters condition I could be required to perform suction in order to clear her chest otherwise she would block her lungs. It took 7 attempts to deal with 1 of the first creditors as I had to hang up and call back due to this.

 

I haven't done any of the above therefore I'll start with the CCA request posted.

 

I'm not one for panicking so no worries there. They can't take what I don't have at the end of the day. I would just rather the debt didn't spiral because of fee's or prevent any unnecessary action if possible.

 

I can't find anything with a reference number relating to the company who own the debt (IDR). The only reference I have relates to Link on letters from them, which are Link references. Does this matter?

Edited January 8, 2016 by HampshireDad
Additional info

[dx100uk]

go get your credit file and find out

 

 

how long has this been with Plink

and how long have you been paying them?

 

 

or when was the last time you paid anyone on this card?

 

bet the letter doesn't say WILL anywhere

 

as with this debt

and all your debts with DCA's.

 

 

go fire off a CCA request to each one

[bar bank accounts mind]

[HampshireDad]

Tried looking on Equifax however there's an issue with their site.

 

The letter from the solicitors states they've been requested to act on behalf of IDR.

The debt has been legally assigned to IDR with Link being appointed to administer and recover the debt.

 

Went to look on Experian however having previously been a member I'd need to pay the monthly fee to restart.

I guess I could just send the CCA to both IDR & Link?

 

I haven't paid anyone any monies in respect of this debt since Barclaycard.

 

When I gave up work I continued paying as I had savings however they ran out.

 

Prior to running out I contacted creditors and Barclaycard told me there was nothing they could do until I defaulted.

 

I managed to arrange payment plans with the first creditor using their financial statement and used that to send to others with them also agreeing.

 

I did this via letter however the debt in respect of Barclaycard,

they didn't acknowledge the statements and continued trying to call me.

[dx100uk]

CCA goes to link.

 

 

get it running!

 

 

try noddle below for CRa file.

 

 

and stay off that phone!

 

 

dx

[HampshireDad]

Brilliant thanks for that. Yes, despite the solicitors letter claiming IDR owned the debt Noodle was showing that Link own it. I've sent them the request.

[dx100uk]

IDR are LINK!!

 

 

same fleecers

[HampshireDad]

Received a letter from Link stating that the debt originated with Barclaycard and that they would need to obtain the CCA from them. They also said this would take 30 days?

[dx100uk]

there you go another cash cow debt going down the plughole.

 

go try fleece some other mug that didn't find dx on cag

[slick132]

Hi Hants,

 

Until, and unless, they produce the necessary CCA response, they have to put a hold on collection activity.

 

Keep us posted.

 

[HampshireDad]

Well that would be absolutely outstanding if it turned out to be the case. I'll let you know once I hear from them.

 

Thanks for all your help thus far guys.

[renegadeimp]

You very likely wont. Link rarely have the right paperwork. The fact they were threatening legal action when they dont have the paperwork in their business speaks volumes.

[HampshireDad]

It's been over 35 days since I received the letter saying it would take 30 days and I've heard nothing yet.

[dx100uk]

opps you found them out...

no paperwork..bye bye cash cowed

removed fro their milking parlour

[renegadeimp]

They won't even have the decency to say they are wrong. They prob sold it weeks ago and didn't even look for the cca

[HampshireDad]

If there's no paperwork will they even bother getting back in touch? What would be my next step?

[renegadeimp]

Nothing. You get on with your life and wait for someone else to send you a letter, then you CCA them too.

[HampshireDad]

If IDR don't provide the CCA then I guess there's no chance anyone else will? Should they fail to provide it can't I just request that the debt is written off?

[dx100uk]

no sadly

 

 

dx

[renegadeimp]

Lack of CCA just means its unenforceable in court. They can still chase you via other means. If the debt was SB then you can demand they write it off as it would be uncollectable.

[HampshireDad]

Ok it looks like I've now received the CCA.

 

 

it's the agreement and only has my name typed at the top in small letters.

 

 

It's not signed by me anywhere however I'm not sure if this matters or not.

 

What would be my next steps here?

 

Thanks for your helps guys.

[renegadeimp]

They need a copy of the original agreement if it's before 2007. But I bet they'll say different.

[HampshireDad]

The agreement is August 2006 and is a copy.

Edited February 26, 2016 by HampshireDad