Link/IDR/Kearns Claimform - old Barclaycard 'debt' - statute barred

[Babyknees]

Hi, looking for a bit help if possible.

 

I have received a County Court letter for a debt for an old Barclaycard

which i cannot remember being in contact with for well over 10yrs,

 

 

i'm wanting to put in a defense against it under the limitations act

but not to sure as to what is the best thing to say,

 

 

also not sure if i should send the claimant a letter stating the same facts.

 

The County Court Letter is dated 27/01/2016

and i'm getting really stressed because i was told i only have 14 days to respond.

 

Claimants are IDR Finance and the solicitors dealing with it are Kearns.

 

Any guidance on this matter would be gratefully received ,

i'm just hoping i can do something about it.

 

Thanks

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**%284-Viewing%29-nbsp

 

Welcome to CAG - if you would like to have a read of the thread I have linked above and provide answers to the questions, in this thread, then we can better advise you.

 

Although from the information you have already provided it does look as though the statute barred defence is going to be the way for you to go.

 

The following is all you would need to say on the defence form - ensuring that you put the correct information where I have highlighted..

 

 

1 The Claimant's claim was issued on (date).

 

2 The defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

 

Please do however, read the link I have popped up for you and provide us with further information just so that others can confirm you are on the right route !

[citizenB]

As for your timeline..

 

If the issue date of the claim was 27.01.2016 you have the following time...

 

Date of issue - 27.01.2016 + 5 days for receipt = 31.01.2016 + 14 days to acknowledge = 14.02.2016 + 14 days to submit a defence = 28.02.2016

 

So you have a fair bit of time in hand - but you MUST acknowledge the claim by the 14th of this month.

[mikeymack2002]

Go check your credit file and see when the last payment was registered. DCA'S have a habit of adding the statutory fee to the account.

 

You also need to fill in the link and post back the information requested as not all of it is there...

[BankFodder]

In addition to the above advice, send the creditor/claimant a letter putting them formally on notice that the alleged debt that they are suing you for is statute barred. Tell them that because they are now our notice, they are prohibited from taking any further action in respect of this because of the CONC rules – the FCA rules contained in the Consumer Credit Sourcebook and of which they should be thoroughly aware.

http://www.consumeractiongroup.co.uk/forum/showthread.php?426148-CONC-7.15-Statute-barred-debts

 

Tell them that if they continue to pursue statute barred debt, that you will report them to the FOS and also when their cases dismissed, you will send the details of it to the FCA as part of a formal complaint there.

[Babyknees]

Name of the Claimant ? IDR Finance UK 11 Limited

 

Date of issue 27 Jan 2016

 

Date to submit defence = by 4pm Friday 26th feb -

1.The claimant claims the whole of the outstanding balance due and payable

under an agreement referenced ******* and opened effective from 05/01/2009.

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 26/06/2014 a default was recorded.

As at 16/06/2014 the defendant owed Barclaycard plc the sum of 4294.00.

3.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.

4.And the claimant claims-

1.4374.00

2. interest pursuant to section 69 county court act (1984) at a rate of 8% per Annum

from 16/06/2014 to 26/01/2016 OF 512.11

And thereafter at a daily rate of 91 to date of judgement or sooner payment. Date 26/01/2016

 

What is the value of the claim?

 

The claim is for a credit card

 

when did you enter into the original agreement before or after 2007?

I thought it was before but they are saying after

account assigned and it is the Debt purchaser who has issued the claim.

 

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

 

Did you receive a Default Notice from the original creditor? cant remember receiving one

 

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

 

Why did you cease payments? I do not have that information but i'm sure at least 7 years ago

What was the date of your last payment? I do not have that information but i'm sure at least 7 years ago

Was there a dispute with the original creditor that remains unresolved? not that I'm aware of

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Not that I'm aware of

............Thanks for your speedy reply Citizen B.

I have answered the questions to the best of my knowledge

as i do not have any paperwork relating to this debt,

i checked my credit file and nothing there also, which makes me think it has gone statute barred.

I shall put my defense in online now thanks for giving me guidance on that also.

[mikeymack2002]

Please have a read here http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account&p=4384032#post4384032

 

You should get this letter off the the Solicitors that are dealing with your case. Please send it recorded delivery and get proof of signature. Keep the receipts and a copy of the letter you send.

 

Maybe Andyorch will pop in later to help you out too..

 

In the meantime get up to speed with cases similar to yours and be prepared. It all helps in the long run ...

[Babyknees]

Thanks everyone for all your help, busy reading the links at the min.

I found something on my credit file just now which looks like a figure on my P o C 4294 , but it has a different account number and company Link Financial?

credit file shows default July 2014 and nothing before this date only after, i'm really confused now. feel such a dope

[mikeymack2002]

Don't feel like this its late ok.. maybe the date is when Link took the account over.

 

Did you have a look at the previous balances and amounts paid? This could show when you made it. This is why it is important to get this letter off asap. They have to provide you with what they are relying on at Court.

 

Why not have a rest till tomorrow when you could get more advice...

[AndyOrch]

Thanks everyone for all your help, busy reading the links at the min.

I found something on my credit file just now which looks like a figure on my P o C 4294 , but it has a different account number and company Link Financial?

credit file shows default July 2014 and nothing before this date only after, i'm really confused now. feel such a dope

 

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

 

Coincidence ?

[Babyknees]

Very true i will have a break lol

i went back as far as i could it only shows default notices from July 2014 , nothing prior to this date.

will get that letter off asap thanks.

 

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

 

Coincidence ?

 

Do you think they are trying to wangle it as such?

[AndyOrch]

Please do not use the CPR link in post #7 that is for a current account

 

Use the following...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

So is not the BC debt you was thinking it was ...that you have not had contact for over 10 years?