IDR/Link claimform - old Barclaycard Debt

[dx100uk]

bogpaper then

might comply with the CCA

but not any good in court.

 

 

were there pages of T&C's too?

do the dates match on them?

 

 

scan the CCA return up please

as a multi page PDF document

 

 

follow the upload

[HampshireDad]

Thanks guys. I'd gone about scanning and removing personal info before reading the info you supplied:| It would have saved me a lot of time had I read the link provided

 

It's done now Hopefully it's what you need.

cca return .pdf

[dx100uk]

so no t&C's from the take out date?

but a strange set of T&C's from 2014?

 

 

do you remember signing an agreement?

or was it online?

 

 

more info on how you started the card please.

but IMHO

even though that paperwork id from BC themselves

its useless

 

 

prob doesn't even meet consumer credit act enforceability

 

 

certainly no good for them to goto court with

 

 

see what slick132 says

[HampshireDad]

Nothing else came with it. I can't for the life remember how I took it out however I'd be shocked if it wasn't online. I do recall having to call them on receipt of the card to effectively make it active.

[slick132]

Hi HantsD,

 

Calling them to "verify" the card was common. They used the contact as a selling opportunity for rip-off and unnecessary Card Protection cover.

 

If this was an online application, there should have been a Tick Box signifying your consent. Is there a Tick Box on the doc't ?

 

From your description, it doesn't sound like this is an authentic copy of the credit agreement, with the name being typed in small letters at the top.

 

Edited March 27, 2016 by slick132

[HampshireDad]

Hi HantsD,

 

Calling them to "verify" the card was common. They used the contact as a selling opportunity for rip-off and unnecessary Card Protection cover.

 

If this was an online application, there should have been a Tick Box signifying your consent. I there a Tick Box on the doc't ?

 

From your description, it doesn't sound like this is an authentic copy of the credit agreement, with the name being typed in small letters at the top.

 

 

Morning, Sorry for the delay in getting back. There's no tick box present and I'd hoped that I had heard the last from IDR. Unfortunately this is not the case and I've now received a County Court Claim Form.

 

I appreciate that they had to make a decision on whether they took this forward or not, which they've done. Not sure where I go from here?

 

Thanks all.

[dx100uk]

no sweat

 

 

can you please fill this out

 

 

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

[HampshireDad]

Many thanks

[HampshireDad]

Apologies however I might have hit a stumbling block. I was on holiday for 9 days albeit in Wales, and came back to the CC Claim on Thursday. The claim was issued on 11th March which means with the 5 day period it's up on 30th March I see I can request an extension to put together my defence but not sure if this complicates things?

[slick132]

Hi HD,

 

File your Acknowledgement of the claim to adhere to the deadline of 5+14 days.

 

Use the link above that DX posted to start a new thread about the claim in the Legal Issues forum.

 

[dx100uk]

get the link done please

what you have pointed too is not an issue

 

 

if you do that link

and calc the dates

you'll see you have 19days to ack the claim

 

 

you can do it NOW online at the mcol website

 

 

defend all

leave juris unticked

[HampshireDad]

Name of the Claimant ? IDR Finance UK II Limited

Date of issue – 11th March 2016

What is the claim for –

 

 

1. - The claimant claims the whole of the outstanding balance due and payable under an agreement referenced x

and opened effective from 12/09/2006.

The agreement is regulated by the consumer credit act 1974, was signed by the defendant

and from which the credit was extended to the defendant.

2.The defendant failed to make payment as required and by 26/06/14 a default was recorded.

As at 16/06/2014 the defendant owed Barclaycard PLC the sum of 258332.

By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective 16/06/2014

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

3.And the claimant claims-

1. 266232

2. interest pursuant to section 69 County Court Act (1984) at a rate of 8% per annum from 16/01/2016 - 10/03/2016

of 2457 and thereafter at a daily rate of 55 to date of judgement or sooner payment. Date 10/0302016

 

What is the value of the claim? £2606.89 (£105 Court fee + £80 legal rep costs)

 

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

When did you enter into the original agreement before or after 2007? 12/09/2006

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. IDR

 

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

Did you receive a Default Notice from the original creditor? Not sure

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure

Why did you cease payments? I gave up work to care for my disabled daughter and was unable to continue with payments.

What was the date of your last payment? I believe it was July or August 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 Barclaycard telling them I had to give up work to care for my daughter.

They told me I would need to default and contact their default team to arrange a payment plan.

Due to health issues, I didn't make further contact with them.

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA Requesticon to the claimant for a copy of your agreement

(except for Overdraft/ Mobile/Telephone accounts)

 

This has already been done with the docs posted to this merged thread.

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

 

I'm completing the above now.

 

Hopefully this is everything you need?

 

Might be of no significance however the particulars of the claim state that the agreement was signed, which is wasn't.

Edited March 27, 2016 by HampshireDad

[dx100uk]

merged

 

 

have you done ACK yet

[HampshireDad]

Yes I did that last night.

[HampshireDad]

Thanks

CCA return .pdf

[renegadeimp]

I dont see the original app form in that return

[dx100uk]

that's an interesting point...

the BC letter says this is a reconstruction.

 

you don't usually get T&C's with your inserted name etc on a recon....

 

and I don't believe a debt buyer can terminated a credit card agreement.

just musing

[dx100uk]

hope you filed a defence ontime?

[HampshireDad]

I didn't and totally messed things up.

Had a lot going on this end with my daughter.

 

Ultimately a CCJ was taken out against me and because of what was going on my mum said she would pay the debt.

 

 

I was naive and forwarded Link my daughters doctors letter confirming her condition etc

in order to highlight my circumstances and show that simply wasn't trying to get out of paying.

 

 

I then made an offer to Link for full and final settlement which was rejected with them saying 'the short offer of £800' was rejected however that they would be willing to accept '£1500.00 as settlement'.

 

 

The funds were transferred

however I've now spent the last few weeks trying to get confirmation from Link that the account is fully settled.

 

I previously worked in finance and having a CCJ applied against me would/could hugely impact me getting my career back on track once I'm no longer caring for my daughter.

 

 

This morning Link finally responded simply saying the account had been partially settled!

 

With everything going on with my daughter and now this.

Without a doubt the lowest I've felt in a long, long time.

[AndyOrch]

Pity you didn't post earlier...we could of advised on how to make a watertight Full and Final settlement...did they register the CCJ or did you avoid it?

[dx100uk]

get an SAR off to BC

and get all the statements

lets see what PENALTY charges & PPI are lurking.

 

 

dx

[HampshireDad]

They registered the CCJ

however the settlement was made within the 30 day period

and I was led to believe this would mean the CCJ wouldn't show against me.

 

 

They stated that they'd informed the courts settlement had been received.

I called the court however they said they hadn't yet caught up with correspondence for the date in question

and I should call back next week.

 

 

They did state that if they're contacted being informed they've agreed a settlement

that they remove the CCJ from the records so fingers crossed.

 

I contacted Link again stating that I made payment

clearly stating that it was as full and final

and that they hadn't indicated this wouldn't be accepted as such.

 

 

I appreciate the wording could be seen as ambiguous on their part

however the comment relating to 'short' settlement was in relation to the £800 rejected offer

and not in the case of the £1500 which again I re-iterated was full and final prior to making.

 

dx100uk - Thanks I'll have a look at that and get it sent off.

[AndyOrch]

Okay so the CCJ is not showing on the Trust Register...is the default showing on your CRAs as partially settled?

[HampshireDad]

I'm in the dark at the moment to be honest.

 

After making the payment I asked them to confirm it had been received which they did

stating they'd informed the courts it had been settled on 3rd (within 30 days)

and had informed credit agencies it had been partially settled.

 

 

I responded stating that I put the offer to them as full and final and that they said £1500 would be accepted as settlement.

I pointed out that had they stated this was partial then I would have queried it and they didn't.

 

 

I asked that they confirm they had indeed marked it as full settled and also to confirm that the CCJ was removed

as payment was within the 30 day period as set out by the courts.

Needless to say Link haven't responded confirming.

 

 

I've tried calling countless times however I'm constantly told the dept I need to speak with it busy.

I've looked on Noddle however it's not yet been updated and states it'll be 19 days before my details are updated.

 

I'm going to call the courts again this morning as they informed me to call back today

however all they'll confirm is whether the CCJ has been removed from the register.

 

Apologies if I'm repeating stuff already mentioned.

[HampshireDad]

Called the court and they've confirmed it as settled

however they were informed it was paid on 9th May not 3rd.

 

 

Told them I have an email from Link confirming it was received on 3rd

however the court stated Link need to inform them otherwise the CCJ will remain on for 6 years.

 

To say I'm disgusted is an understatement.