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Link/Kearns Claimform - MBNA card debt - +6YRS old***Claim Discontinued***


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the debt is statute barred already

you cant reset it

even a judge cannot unbar a debt

 

 

just send link a cca request

but ofcourse you put your correct address on it

read the link!!

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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Thanks DX. I apologise if I am coming across a bit simple.

But I am really trying to understand this and where I stand.

 

 

I have read the Statue Barred link you have pasted.

So are you saying that because I took out the CCA in 2006, it is now statute barred by 2012 automatically?

 

My understanding was that as I made a payment in 2011, it could not become statute barred until 2017?

 

I do apologise if this is frustrating you but I really do not understand, nor do I know what I should be doing for the best.

 

 

I also see no point in sending the CCA request if it is Statute barred,

surely I should just be sending the Statute Barred letter?

This is why I am so confused.

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Statute barred applies when there has been a 6 year period of not paying or acknowledging a debt like this. So you are correct that it is not relevant to you and it won't be statute barred until 2017.

 

If you don't have proof of posting for your 2010 CCA request letter, then it might be sensible to send Link another CCA request, but do get proof of posting at a Post Office counter or send recorded delivery.

We could do with some help from you.

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I am curious to know, if I send another CCA request.

 

Does this restart the 6 year process all over again,

given the fact that I sent the last CCA request 6 years and they did not respond, which is why I stopped paying them.

If it does, surely that is unfair, given that they didn't respond 6 years ago and I feel they are phishing and using this to try to get me to react. If you say I should send it anyway, I will. But I am curious as to know if it resets and the 6 years starts again from now?

 

but you say later you HAVE paid in 2011

so whats the truth??

 

a CCA request as already said has no regard to resetting the clock

 

GET IT RUNNING

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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Thanks for the clarification.

 

So then back to my previous question. As this is not statute barred and I am sending a CCA request. Does the 6 years start again from today? Can you help me with understanding this?

 

The CCA request is a statutory legal right you have and does not restart the clock in regard to stature barring.

 

Get it sent off urgently and importantly get proof of posting or recorded delivery.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Thanks unclebulgaria very kind and patient.

 

Dx, it's all there in writing. Have a read.

 

Original CCA request sent April 2010.

 

I continued to pay my debtors through payplan.

 

The last of the payments went from payplan in 2011.

There is no lying here.

 

If you've misunderstood, sorry about that, also, you're very rude!

 

People come here to seek help, because they don't know what to do or how to do it. To seek advice.

 

While you are helping people, which is great and I thank you too for your help.

You're also insulting.

 

Calling people stupid and accusing people of lying, shouting (caps lock). It's rude and obnoxious.

Yes you know you're stuff, but it's made me think twice about asking for help now.

 

If it wasn't for unclebulgaria taking the time to explain politely and calmly in a patient manner.

I'd feel totally unwelcome.

I'm pretty sure that's not what Cag is about..

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I don't hate you I hate link

but i'll use any tool in my toolbox to help anyone.

I didn't say you were lying

I needed to nail down what was correct.

 

get that CCA request running

and stop the pontification

if there were issues with sending a CCA we wouldn't recommend it.

which is why we needed the info which was a wee bit confusing from post 1

 

onward and upward..get and nail 'em!!

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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Fair play DX.

 

All done, back from the post office. Sent recorded, proof of purchase in my records and filed and postal order was sent with too.

 

Let's see what happens. :)

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Ok they responded saying that there was no £1 postal order enclosed. But there was as I also have proof of purchase for it and I watched the post office employee put it into the envelope and then seal it with sellotape.

 

They are asking me to resend. But I don't think I should.

 

Thoughts?

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did you staple it to the CCA request?

 

but anyway its quite typical for link to pull these stunts

 

next you'll get a letter thanking you for the £1 payment to the account

also saying that's reset the SB clock I bet...:lol:

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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No it wasn't stapled. Maybe a schoolboy error.

 

I wrote on the letter and on the back of the postal order "not to be used as payment or part payment for any alleged debt"

 

What's should I do now?

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id let it run.

 

 

dx

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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Share on other sites

wont hurt.

 

 

dx

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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Share on other sites
  • 9 months later...

Name of the Claimant ? Link Financial Limited

 

Date of issue – 23 / 08 / 2017

 

What is the claim for –

 

1. The claimant claims the whole of the outstanding balance due and payable under an agreement referenced ***** and opened effective from 25/08/2006. 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 a payment as required and by 30/08/2008 a default was recorded.

3.As at 18/09/2008 the Defendant owed MBNA Limited the sum of £5786.25.

By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/09/2008 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter.

4.And the Claimant claims-

1. £5338.47

2. Interest pursuant to section 69 County Court Act (1984) at a rate of 8 % per Annum from 07/06/2011 to 22/08/2017 of £2489.68

And thereafter at a daily rate of 111 to date of judgement or sooner payment. Date 22/08/2017

 

What is the value of the claim? Amount Claimed £7728.15 Court fee £410.00 Legal Rep Cost £100.00 Total £8238.15

 

Is the claim for - credit card

 

When did you enter into the original agreement before or after 2007? Before 2007 actual date is 25/08/2006

 

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. Link

 

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

Was a long time ago, it's possible but in now way would I have a copy of it as apparently was back in 2008 and I have moved twice since that time, though I have sent 2 x cca requests and neither have been acknowledged or responded to.

 

Did you receive a Default Notice from the original creditor? Unaware of such, would have been in 2008 if done and moved twice since then.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No 100% not the case.

 

Why did you cease payments? the last payment made was 2nd June 2011, I ceased paying further due to no response from CCA requests and account was put into dispute.

 

What was the date of your last payment? 2nd June 2011

 

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 planlink3.gif? Yes, I entered a DMP through Payplan and the last payment made by them on my behalf was 2nd June 2011 as informed by them when I queried this back in November 2016. I still have the proof of posting and payment for CCA and Postal Order from November 2016.

 

I sent a CCA request in 2010, no response.

 

My last payment through my DMP was 2nd June 2011 due to not ever receiving a response to my 2010 CCA request.

Link have not had any further acknowledgement since that point or anything since that point from me

 

I sent a CCA request in November 2016 due to receiving a LBA in November 2016. No response.

 

I have now received in the post a Claim Form.

It is my understanding this is now Statute Barred as the last payment made and any acknowledgement made toward this debt was June 2011.

 

My view here is that the numbers they have entered are also wrong...

what sort of figures are these they are claiming on the particulars?..

 

. I am figuring just send a statute barred defence,

could you advise if this is how it should be approached.

 

I am currently reviewing threads like this on the site too and looking up statute barred defences.

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A bit silly that in their particulars of claim they seem to confirm the debt is statute barred, when they request interest from 07/06/2011 when presumably they did not receive payment under the DMP you had running.

 

So yes it does seem to make sense to acknowledge receipt of the court claim online saying you will defend in full and then enter a statute barred defence.

 

As there is no hurry, wait for others to offer their advice.

We could do with some help from you.

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thanks UB. Will do.

 

Hrm... they did respond to my CCA sent in November, claiming there was no postal order enclosed.

 

I have the proof of purchase of the postal order along with the proof of postage for this.

I reckon they are going to show a summary of a payment made recently which was the £1 PO and reject my defence that it is Statute Barred.

 

I am reading that this is very common for Link Financial to do this

 

also unsure how to set that out in my defence.

 

Will await any more thoughts and just acknowledge my intent to defend for now.

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When you do your initial defence, it is only very basic e.g debt is subject to limitations act. It is only later on that both sides provide more information, but it probably won't ever get that far.

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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moved to legals and retitlted

 

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

send a new CCA Request to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

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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Share on other sites

you are quite safe to file the statute barred defence now on MCOL too if you wish

 

 

The following defence is all you need if it is SB

 

 

1 The Claimant's claim was issued on (insert 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 £[insert figure from their POC] or any other sum, or relief of any kind is denied.

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...

today I received a response from Kearns to my CPR request.

Uploaded as PDF for you.

Thoughts please?

 

I've yet to file my defence as I was curious to see what they came back with and I still have quite a bit of time to do so.

kearns no documents.pdf

Edited by dx100uk
8Mb pdf reduced to .4Mb- dx
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doesn't matter what they hold

doesn't undo it being statute barred

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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