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Kearns and Link (Old Barclaycard) vs Me***Settled at ADR Mediation***


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Ok long time coming

 

 

Name of the Claimant ? IDR Finance UK II LIMITED

Date of issue – 18 APR 2016

6th MAY to acknowledge

20st MAY to submit Defence

 

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

1.The claimant claims the whole of the outstanding balance due and payable under an agreement references XXXXXXX

and opened effective XX/XX/2003.

The agreement is regulated by the consumer credit act 1972, was signed by the defendant

and from which credit was extended to the defendant.

2. The Defendant failed ot make payment as required and by XX/XX/2013 a default was recorded.

3.As at XX/XX2013 the defendant owed Barclaycard PLC the sum of XXXXXX

By an agreement in writing the benefit of the debt has been legally assigned to the claiment effective XX/XX/13

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

4. And the claimant claims

1. XXXXXX

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

from XX/XX/2013 to XX/XX/2016 of XXX.XX

and thereafter at a daily rate of XX to date of judgment or sooner payment. Date XX/XX/2016

 

What is the value of the claim? 3200 (rounded)

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? 2003

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? yes

Did you receive a Default Notice from the original creditor? unknown

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? unknown

Why did you cease payments? financial hardship and illness

What was the date of your last payment? unknown - But not statute barred

Was there a dispute with the original creditor that remains unresolved? Nothing solid.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementlink3.gif plan?

Yes and for a while the arrears were brought into line with the original creditor. Then later on the OC withdrew the account without warning or explanation whilst minimum payments were being maintained.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Best they can come to for an agreement, sent by link feb 2016

 

Notes

 

-Alleged agreement is 2003

-Not signed by Barclays

-Terms of the agreement unreadable as a sticker was placed over the small print

FS-280216-LINK-CopyAPP-b.pdf

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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If thats all they sent as part of the CCA response, then its non compliant and theyre chancing their luck.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If that is all they have sent it's not even a matter of non compliance there isn't a CCA at all. How could it be a properly executed agreement when its blank apart from a partial date?

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That was what they sent back in response to my rejecting their reconstituted agreement.

I pointed out that I required a true copy of the agreement as the re-constituted may have had errors.

 

 

I offered to pay the costs of photocopying or taking from microfiche

and pointed out that whilst a recon might fulfill the cca request, it would not fulfill the requirements in court.

 

Now im sure they changed the interest rate many times over the lifetime of the card,

If I remember they are required to send a copy of the original when they unilaterally change any t+Cs

I already know from a previous encounter with BC on this account that other things were changed eg Defualt Charges.

 

I also have a feeling there was an interest payment charged ot the account *AFTER* the account was terminated

 

Now all this paperwork is in storage so Its time to start digging

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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If that is all they have sent it's not even a matter of non compliance there isn't a CCA at all. How could it be a properly executed agreement when its blank apart from a partial date?

 

White boxs are where ive removed personal info btw

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Sorry my mistake.

 

No worries :) we all make em

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Ok AOS done via MCOL this morning.

 

CPR 31.14 ready to go to the post office in an hour

 

Not doing CCA as have already done this with Link, unless there is benefit to repeating it.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I would send a fresh one SS to IDR Finance UK II LIMITED.

We could do with some help from you.

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thanks, will do that tomorrow morning.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Question.

 

CPR31.14

 

Tracking shows that they attempted delivery but were unable to and it is being held at their local postal depot.

 

What now?

 

"

Status: We have your item

We have tried to deliver your item from our CAERPHILLY Delivery Office before 14:43 on 22/04/16 and we have left a while you were out card.

There are instructions on the card on how to collect your item or arrange a Redelivery.

"

 

--------------

Also

 

https://register.fca.org.uk/shpo_searchresultspage?ALT=1&search=IDR+Finance

 

The claimant is not registered for any debt collection activity.

Edited by SabreSheep
Added bottom info

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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idr is covered by links licence [same group]

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Draft defence

 

Particulars of Claim:-

 

 

1. The Claimant Claims the whole of outstanding balance due and payable under an agreement referenced XXXXXXXXXXXX and opened effective from XX/XX/2003.

2. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant.

3. The Defendant failed to make payment as required and by XX/XX/2013 a default was recorded.

4. As at XX/XX/2013 the Defendant owed Barclaycard PLC the sum of XXXXXX.

5. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective XX/XX/2013 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter.

6. And the Claimant claims –

A XXXXXX

B Interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per Annum from XX/XX/2013 to XX/XX/2016 of XXXXX And thereafter at a daily rate of 56 to date of judgement or sooner payment. Date XX/XX/2016

 

Defence

 

The Claimant fails to number their paragraphs so the Defendant has numbered them for them in order to respond.

 

1. Paragraph 1 is denied. The defendant denies any agreement with the claimant and is put to strict proof to provide a true copy of the original agreement referenced as XXXXXXXXXXX

 

 

2. Without prejudice to paragraph 1 and any further pleadings, it is accepted that any potential agreement would be governed by the Consumer Credit Act 1974. It is denied that the Defendant signed any agreement with the Claimant.

 

3. The Defendant notes that the Claimant does not state that a Default Notice was sent as required by the Consumer Credit Act 1974 and is put to strict proof that the requirements of the Act were complied with.

 

4. The Defendant notes that they have had previous financial dealings with Barclaycard PLC but denied that any debt is owed to the claimant, 266643 or otherwise.

 

5. Paragraph 5 is denied. The Defendant does not recall receiving a Notice of Assignment.

 

6. Paragraph 6 Is denied. The claimant is put to strict proof to show:

 

(A) (i)show how the Defendant has entered into an agreement; and

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

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

(v) show and evidence that the defendant was issued with a default notice

(vi) show that the claimant and the agreement has complied with all requirements under the Consumer Credit Act (1974) (vii) show that the claimant has the legal FCA authorisation to issue the claim.

 

(B) Interest pursuant to Section 69 County Court Act (1984) is denied. This is only awarded at

discretion of the Judge if the claim is upheld. It is noted that the Claimant has used this to

Inflate the claim total.

 

After receipt of this claim, on the 21/04/16 I requested copies of the documents referred to in the Claimant’s Particulars of Claim by way of a Civil Procedure Request 31, PD 14. This was sent via guaranteed next day delivery and signed for on the 25/04/16 The Claimant has yet to respond.

 

Furthermore, I sent a CCA 1974, Section 78 request to the Claimant dated 11/05/16 . This was sent via next day guaranteed delivery and signed for on the 12/05/16 The Claimant has yet to comply.

 

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

 

Until such time the Claimant can comply with my request for a true copy of the original agreement that complies with the requirements of the Consumer Credit Act (1974) and other documents relied upon in the Claimant’s Particulars of Claim, the Claimant is prevented from enforcing or requesting any relief as pursuant to the Consumer Credit Act 1974.

 

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.

Edited by Andyorch
edited

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Just a note, the amounts on the POC - the claimant did not add any " . " meaning that although the claim total does have these, the POC actually reads for example 234567 instead of 2345.67

Also doesnt state what that figure is. Is it sheep? Coconuts? :p

 

By my calculations this needs to be served by Friday 20th May, please confirm

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Just a few edits SS and yes 2oth May is the final date to submit.

 

Regards

 

Andy

We could do with some help from you.

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Thanks Andy, will get that done Monday.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Letter from CCMCC

They have received my defence and they are serving a copy themselves to the defendant. (Note I did too)

28 days for them to decide to proceed.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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CCA response today.

 

1. Copy of a blank 2003 agreement with a blank piece of paper attached with name and address on it and "Rights to cancel" A second set of T+Cs that have 1 line with name and address on the top of it, but no date. maybe 2012.

2. The "Current Balance outstanding" has had the legal costs and 8% interest included in the figure

3. Separate statement of account with the original alleged balance and statements saying that this second balance is only the principle and does not allow for legal costs or sums that may be allowed by the court of judgement.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • 2 weeks later...

Interesting Statement of Account arrived today.

 

They have added lots of charges that they have no legal right to add (before a judgment)

 

Would this be considered misleading and worthy of an FCA complaint?

FS-300516-SOA.pdf

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • 4 weeks later...

Hey folks, thigns have kept me away

 

Looks like the reply to my defence was mis delivered to the wrong address, only just got this now.

 

In meantime Directions Questionnaire has been completed and filed by both parties, with both sides agreeing to mediation. Thats where it is at.

 

In meantime I now need to pick apart the response to my defence in preparation.

 

A few things that may weaken things, are the letters sent to Barclaycard offering token payments in the past. They have produced these as evidence of me accepting the debt.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • 4 weeks later...

OK this thread is now over.

It was resolved at mediation.

 

The biggest weakness in this case was that there were letters produced back from when I was ill and before i knew about CAG where I had admitted the debt. Coupled with RL issues I managed to negotiate a decent deal to end the matter.

 

There are important lessions for anyone here that make things easier.

 

First of all

 

Make sure on all correspondence you explicitly state that "You do not owe any debt to you or your company or clients" This is on most of our templates anyway :D But I cannot highlight the importance that this holds.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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