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

[Lexxi]

Hi,

 

This isn't a 'part two' I have been reading for hours and have only just realised that IDR have two companies IDR and IDR II.

 

My post is relating to IDR II

they have sent me a claim form through the county court.

 

 

I asked for a CCA a while back from a different debt collection agency and they told me they didn't need to provide one.

I have ignored all further letters.

 

I now have this claim form that I need to enter a defence in for.

 

I'm not sure where to start.

I have just been reading through a thread of someone in a similar position

but the posts are a few years old so I don't know if it is still relevant.

 

There is a claimant of IDR Finance UK II and an address of a solicitors under it for payment and correspondence.

 

The particulars state

The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced _____ and opened in march 2007.

 

The agreement is regulated by the Consumer Credit Act 1974, was signed by the defendant

and from which credit was extended to the defendant.

 

The defendant failed to make payment as required and by may 2013 a default was recorded.

As at June 2013 the defendant owed mbna the sum ____

 

By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective June 2013

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

 

It then says what they are claiming plus interest.

 

Should I ask this new company for the CCA or the solicitor?

or the previous debt collection company?

Or should I get mbna to confirm?

 

Do I just acknowledge that I have received the papers for now or do I need to write my defence in the 14 days frame?

 

Any help would be much appreciated

[dx100uk]

IDR I or II or Link Financial are all the same group.

 

ok so you've got a speculative claimform from IRD

for an old Barclaycard debt...nothing unusual there.

 

one of their favourite speculative claims, hoping for a non contested default rubberstamped judgement.

 

first and fore mostly

please fill out this link.

 

and paste the Q&A back here.

 

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

[Lexxi]

In order for us to help you we require the following information:-

 

Name of the Claimant IDR Finance UK II

Date of issue – 30 June 2016

 

What is the claim for – the reason they have issued the claim? The particulars state

1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced _____ and opened in march 2007. 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 may 2013 a default was recorded.

As at June 2013 the defendant owed MBNA the sum ____

 

3.By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective June 2013

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

What is the value of the claim? 2716.27

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? 27th March 2007

 

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, my debt was sold to Link Financial

 

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

I think I received something to say the debt had been sold to Link Financial,

don’t know if it was a notice of assignment, is there a prescribed format?

 

Did you receive a Default Notice from the original creditor? I’m not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not as far as I’m aware

 

Why did you cease payments?

financial issues. Husband lost job, I phoned MBNA they told me to transfer my balances to them, then told me I couldn’t have a payment plan as I had transferred a balance to them. I complained. I then lost my job and split with my husband, I just couldn’t keep up any payments.

 

What was the date of your last payment? I think 2013, I would need to check.

 

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 management plan?

Yes, after they had looked at my complaint I think they were accepting a reduced payment.

[AndyOrch]

Don't forget to acknowledge service by Monday 18th July....you then have a further 14 days if defending in full to submit any defence.

 

Andy

[dx100uk]

get a CCA request running to the claimant

and a

CPR 31:14 running to the sols.

 

 

don't sign anything

leave the uncrossed PO blank

[Lexxi]

Hi,

 

 

Thanks for the replies, I have done the acknowledgement of service

I will get those two letters sent off tonight, I only have a PDF version which I can't amend.

[dx100uk]

Copy and paste the 1st post then of each CCA/CPR threads

Into word or alike

[Lexxi]

Ah sorry, I think I misread it. I'm trying to get it done during my breaks at work.

Thanks

[Lexxi]

Hi,

 

Thanks for all your help so far.

 

I sent off the two letters and have now had a response to each.

 

The letter from the solicitor has asked for further time to respond to me and have placed a hold on the account and will not request a judgement within 14 days. If I want them to formalise this they may seek an order for costs.

 

The letter from the creditor says they do not hold the documents and have requested them from the original creditor which may take up to 30 days to provide to me.

 

I'm guessing they are pretty standard letters.

 

One of the things I'm not so sure about is who I owe to or who is claiming

 

The letter from the creditor starts with ' As you are aware IDR Finance UK II purchased your debt' however this is on Link Financial headed paper.

I don't understand, if these are the same company, can they just pass my debt between themselves? Does it matter who purchased the debt?

[dx100uk]

as in post 2

link and IDR are the same lot.....

nothing for you to do

 

don't give or agree to extra 28days

and don't miss you defence filing date [33 days from issue of claim]

 

dx

[Lexxi]

Thanks, it just doesn't seem right that they can switch between these two companies to suit.

 

So, what's my defence?

 

I'm just reading through some OFT Guidance which says the debt collector should include information of where I can get free debt advice in the letter before action, which they didn't. Can I put that kind of thing in?

[dx100uk]

no no need

there are loads of threads right here

 

use our search CAG in the top red toolbar

 

for

 

claimform - old barclaycard 'debt'

 

you'll soon get the idea

 

post up what you think your defence should be

according to their POC

 

and we'll help/check/

 

 

dx

[Lexxi]

Thank you, I just wanted to find out what I needed to do first. I will plan what I want to write and then post back here.

[shamrocker]

"When did you enter into the original agreement before or after 2007? 27th March 2007"

 

The above is a good start for you, in the event that they don't have the original agreement.

 

The guys on here will walk you through the process, so don't worry too much.

 

What sort of outcome are you hoping for here?

 

Sham

[Lexxi]

I'm hoping not to get a CCJ.

 

 

I always meant to arrange a payment plan but I've been focusing on the other debts I was left with.

 

How would I go about a defence if I don't hear back about whether or not they still have the agreement?

[dx100uk]

doesn't matter

 

go look and research as I advised

 

cag is selfhelp too.

 

look for the holding/no paperwork style defence

knock something up like what you read

referring to their POC

[shamrocker]

You have over a week to sort your defence, so don't fret too much about that yet.

There are lots of defences on the forum which you can easily adapt to suit your claim

- most are pretty similar and ask the claimant to validate their claim with actual proof.

You'll receive some guidance on it over the next few days, in plenty of time to submit it.

 

 

In the meantime, I'd advise you to have a read up on similar claims

- but don't get too stressed if you can't understand what's going on.

You'll naturally get your head around it all in due course.

 

The only ways to avoid a CCJ is to:

1. win the case

2. claimant doesn't proceed after defence is filed, so claim is stayed,

3. concede and pay it in full,

4. agree a Tomlin Order with instalment plan attached

- I don't think there's any others.

 

 

If you get judgement awarded against you and you can't pay it within the given timeframe (28 days?), you'll get the CCJ then.

 

How do you feel about the possibility of going to court to defend yourself?

[Lexxi]

I wouldn't like to go to court but I could do it.

 

I have had a look through some threads and found a similar situation to mine.

 

 

1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced _____ and opened in march 2007. 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 may 2013 a default was recorded.

As at June 2013 the defendant owed MBNA the sum ____

 

3.By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective June 2013

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

 

1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have had financial dealings with MBNA in the past. It is denied I have any knowledge of the above Claimant or if any alleged debt was assigned to them.

3. Paragraph 2 is denied. I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

5. Paragraph 4 is denied. Section 69 interest is awarded at the discretion of the court and subject to the claimant's actions on complying with pre action protocol and cannot be added to the claim to inflate the alleged debt. Any alleged debt remains at £XXXX plus court fee and costs.

 

6. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974,by way of a section 78 for a copy of the agreement,

and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s78 request

 

A further request made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim .The claimant has not complied

 

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement and;

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

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

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

 

7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Can I use the above? The thread I found the information on was for a much larger amount but it was the most recent.

 

Also, IDR doesn't seem to have a consumer credit licence. I found this guidance http://www.csa-uk.com/assets/documents/factsheets/format_and_content_of_standard_debt_collection_communication.pdf

Page 14

1.3. Trading styles must not be in a name, title or style that is likely to mislead or confuse. All

trading styles must be listed on the company’s consumer credit licence, in accordance with

Section 24 of the Consumer Credit Act 1974. To use a trading name not listed on your

licence would be an offence under the Act. The OFT’s Guidance on Misleading or Otherwise

Undesirable Names outlines clearly what they consider constitutes a trading style in section

3.3 (and should therefore be present on the company’s DCA’s consumer credit licence). It

should be noted that trading styles extend to domain names/website addresses.

 

The IDR licence has lapsed and they aren't registered as a trading name under Link Financial.

 

Finally, the credit card was originally taken out with Virgin, then taken over by MBNA, shouldn't I have received a notice of assignment back then also?

 

Oh and I have just looked at my credit report on Clear score, it states 'you have had one default or repossession (Link Financial MBNA)' yet doesn't show when the default was recorded as no information is shoing under 'accounts' for that card.

 

Thanks for all your help

Edited July 27, 2016 by Lexxi

[Lexxi]

Sorry, I can't edit my post again.

 

My credit file states Link Financial registered the default but my claim form states that the default was registered before the debt was assigned to link financial.

[dx100uk]

the OC always defaults an account before sale

[dx100uk]

I wouldn't like to go to court but I could do it.

 

I have had a look through some threads and found a similar situation to mine.

 

1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced _____ and opened in march 2007. 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 may 2013 a default was recorded.

As at June 2013 the defendant owed MBNA the sum ____

 

3.By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective June 2013

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

 

1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have had financial dealings with MBNA in the past. It is denied I have any knowledge of the above Claimant or if any alleged debt was assigned to them.

3. Paragraph 2 is denied. I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

5. Paragraph 4 is denied. Section 69 interest is awarded at the discretion of the court and subject to the claimant's actions on complying with pre action protocol and cannot be added to the claim to inflate the alleged debt. Any alleged debt remains at £XXXX plus court fee and costs.

 

6. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974,by way of a section 78 for a copy of the agreement,

and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s78 request

 

A further request made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim .The claimant has not complied

 

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement and;

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

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

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

 

7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Can I use the above? The thread I found the information on was for a much larger amount but it was the most recent.

 

Also, IDR doesn't seem to have a consumer credit licence. I found this guidance http://www.csa-uk.com/assets/documents/factsheets/format_and_content_of_standard_debt_collection_communication.pdf

Page 14

1.3. Trading styles must not be in a name, title or style that is likely to mislead or confuse. All

trading styles must be listed on the company’s consumer credit licence, in accordance with

Section 24 of the Consumer Credit Act 1974. To use a trading name not listed on your

licence would be an offence under the Act. The OFT’s Guidance on Misleading or Otherwise

Undesirable Names outlines clearly what they consider constitutes a trading style in section

3.3 (and should therefore be present on the company’s DCA’s consumer credit licence). It

should be noted that trading styles extend to domain names/website addresses.

 

The IDR licence has lapsed and they aren't registered as a trading name under Link Financial.

 

Finally, the credit card was originally taken out with Virgin, then taken over by MBNA, shouldn't I have received a notice of assignment back then also?

 

Oh and I have just looked at my credit report on Clear score, it states 'you have had one default or repossession (Link Financial MBNA)' yet doesn't show when the default was recorded as no information is shoing under 'accounts' for that card.

 

Thanks for all your help

 

as pointed lots of times already - IDR are link and are covered by the group CCL

 

don't like point 5 not sure where you have gotten that from, not here I hope...

 

and you don't need to put that in point 2 [blue bit.]

 

post 13 here is good

but don't forget to align to their poc numbers

http://www.consumeractiongroup.co.uk/forum/showthread.php?462050-Hoist-Claim-form-old-Barclaycard-debt

 

the rest of your def is ok IMHO

[Lexxi]

Thanks for your replies, I will have a look at the thread you have linked to in the morning.

 

Point 5 was from on here, I will have a look at my history and see if I can find the thread again, I've had lots of tabs open.

 

Can the claimant claim the interest on the initial claim?

[dx100uk]

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

[Lexxi]

7C of my post above and post 13 from the link about have different clauses referenced.

 

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'

 

I have extended point 2, following the post in the link, this is where I am now.

 

1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced _____ and opened in march 2007. 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 may 2013 a default was recorded.

As at June 2013 the defendant owed MBNA the sum ____

 

3.By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective June 2013

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

 

1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have had financial dealings with MBNA in the past but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.

 

3. Paragraph 2 is denied. I have not been served with a Default Notice pursuant to sec88 CCA1974 of The Consumer Credit Act 1974.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

5. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974,by way of a section 78 for a copy of the agreement,

and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s78 request

 

6.A further request made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim .The claimant has not complied

 

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement and;

b show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA1974) show how the Defendant has reached the amount claimed for and;

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

 

7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Has anyone got anymore comments/suggestions/advice. I'm going to respond tonight.

[dx100uk]

looks ok

 

 

need to ideally be filed by 4pm tomorrow.