Link/IDR Finance II claimform - old barclaycard 'debt'

[Lexxi]

Thanks, I'm just trying to log in now but I'm struggling!

[dx100uk]

can you let anyorch look it over first?

[AndyOrch]

"Does anyone know if it is

'show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA1974) '

or

'show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974' "

 

sec 87.1 CCA1974 is with regards to the requirement of serving a DN and sec88 CCA1974 is with regards to Contents and effect of default notice.

 

http://www.legislation.gov.uk/ukpga/1974/39/section/87

 

http://www.legislation.gov.uk/ukpga/1974/39/section/88

 

Andy

[Lexxi]

Yes, sure. It won't let me log in right now anyway, I think I might have to phone them.

[Lexxi]

Sorry, I didn't refresh before replying.

 

Thanks for your reply. Should I have both 87.1 and 88 mentioned then?

[AndyOrch]

Yes its fine...just added the relevant sec88 CCA1974 on your point 3

[Lexxi]

Oh great, thank you. I will get logged on tomorrow and submit.

 

Thank you all for your help, I will let you know how I get on

[Lexxi]

The online service isn't recognising either the claim number or the password I have been sent.

 

Have I missed the deadline??

[dx100uk]

no

there are often issues with MCOL at the W/End

if it fails tomorrow you can...

 

 

MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

If you send your response by e mail

please send it to [email protected] and ensure you quote “Claim response” in the subject field.

.

[Lexxi]

That's a relief, I was starting to panic and was trying to work out how early could get to the post office tomorrow!

 

I will give it another go tomorrow, otherwise I will put it in an email.

 

Thanks again

[AndyOrch]

Make sure you add the claim number also if emailing

[mercyblue]

poss might have been a thread whereby the debt buyer claimed sec 69

to before they bought the debt.

hence they are not entitled to it.

 

 

std sec 69 int is typically limited to one cal year only

 

Sadly that isn't correct s69 can be normally claimed from the cause of action sadly (ask Andy that ). Don't forget when you sell a debt all the rights and obligations go with it - presumably that includes the "right" to interest. Its a frankly disgusting system.

As for limited for one year that isn't correct either. Some claims do seem to limit the s69 to one year seems to me looking on here they are usually claims that are for (relatively) smaller sums. You don't seem to see it on larger sums and I cant think of any claim posted on here that would qualify for fast track ever been limited to one year.

 

The whole s69 interest is a complete farce. The rate hasn't been revised in years despite the BOE rate been at a record low for years. Interest rates were around 8% in 1984 when s69 was introduced so must have been based on the BOE rate. If that was the same that would mean ANY claim brought now should attract a 0.5% rate since that's been the BOE rate since March 2009.

[AndyOrch]

(3)Subject to , where—

 

(a)there are proceedings (whenever instituted) before a county court for the recovery of a debt; and

 

(b)the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings),

 

the defendant shall be liable to pay the plaintiff simple interest, at such rate as the court thinks fit or as may be prescribed, on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.

 

(4)Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.

 

http://www.legislation.gov.uk/ukpga/1984/28/section/69

[shamrocker]

Andy elaborated on this point not so long ago on a different thread and pointed out that interest was at the discretion of the judge and the rate could be up to 8%, not fixed at 8%.

 

Also, rather than being claimed from 'cause of action', isn't it actually from the date the agreement was ended?

Until then, the account balance would be accruing interest under the terms of the agreement...right?

[i stand corrected further to Andy's post above]

 

EDIT: Sorry Andy, you beat me to it while I was taking a call mid-post.

[mercyblue]

Whilst it may be at the discretion of the judge seems to me the de facto rate is 8% you will almost certainly attract that rate on a default judgement. "or as may be prescribed" (from Andy's post above) seems to be the baseline.

 

With a potential rate of 8% there is a perverse logic for the creditor to wait as long as possible before taking action. 8% return is a pretty darn good return these days. You do have to factor in inflation but that is around 1% these days the debt is not getting inflated away.

[Lexxi]

Hi all,

 

Thank you for all your help so far.

Just a quick update

 

I emailed the defence to the address above

- I got an auto reply saying that if my email was in response to a claim then I should send it to a different address - [email protected]

I'm only mentioning this as I don't tend to read auto replies so it was lucky I did!

 

I received an acknowledgement via post from the courts anyway, so my defence has been received.

 

I have also received 'current MBNA Credit Card terms and conditions'

These went to my parents address and that is the address which is on there.

Not the address or name I used when I opened the account.

Which I would have expected.

 

I have also received a statement of account from Link.

The date range is 04/02/2016-03/08/2016 the amount looks to be different to what they are claiming too.

 

Do I just wait until I hear from the courts now about the next steps?

[dx100uk]

yes

 

 

if link don't progress it

the claim becomes auto stayed on day 33 from the date you filed yourdefence

after that date

they'll have to pay a further fee to progress it

and unlift the stay.

[Lexxi]

I think I may have a problem and I hope someone can help me.

 

All the paperwork was sent to my address,

I split with my boyfriend and moved out.

 

He has sent my post on when he has gotten around to it but as I hadn't heard anything from these since the end of November I didn't think anything further of it.

 

Last week my ex posted some things through my door,

one is from the court to say I haven't responded to a directions questionnaire,

this is dated 19th March 2017.

 

The other is from Kearns relating to their directions questionnaire,

this is dated 27th Feb 2017 and references the directions order dated 19th Feb.

 

I haven't had anything else, or it hasn't been passed to me.

 

By the time I received the paperwork the date to return the questionnaire had passed.

 

I'm not sure what to do next,

the wording on the court papers say they will make a decision on the order.

 

I don't think I was sent everything I asked for last year when I sent the letter you guys helped me write, if that helps me in anyway?

 

Any advice would be appreciated.

Thanks.

[dx100uk]

opps give the court a ring and update them with your new address

and ask the statuts of the claim.

 

 

dx

[dx100uk]

I hope you've written to everyone that appears on your credit file

and to people like the DVLA regarding your licence and car registration too?

and rgisered on voters

else this will be a very small part of your problems.

[Lexxi]

I let everyone else know. I just hadn't even thought about these unfortunately.

 

I've received the CCJ now. It's for £2663.71 plus costs of £210. I don't understand why the amount claimed for has changed.

[dx100uk]

court costs.

 

so you never bothered to ring the court and submit your ws?

 

they won by default.

 

dx

[Lexxi]

I phoned the court, they sent me the paperwork to fill in. It was too much for me, I couldn't do it.

 

It's the main amount which has changed, I think it was £27xx when they initially submitted the claim. Unless that included part of the costs.

[dx100uk]

well why again like last time did you not comeback here rather than leave it months without a post?

 

 

they are easy to do

lots of threads have the info too.

 

 

dx

[Lexxi]

It was the second anniversary of my sisters death. I wasn't capable of anything

 

There was a gap between the last posts as I hadn't heard anything