Link Claim Form- old EGG card debt

[Hogyn Braichmel]

Name of the Claimant- Asset Link Capital (no5)

 

Date of issue –05 Oct 2017

 

What is the claim for – .

 

 

Particulars of Claim:

 

1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced .....and opened effective from 22/11/1999.

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 26/03/2015 a default was recorded.

3.As at 30/09/2016 the Defendant owed Barclaycard plc the sum of £5288.34.

By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 30/09/2016 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter.

4.And the

Claimant claims- 1. £5388.34

2. Interest pursuant to Section 69 county court Act (1984) at a rate of 8 % per Annum from 30/09/2016 to 04/10/2017 of £409.55 And thereafter at a daily rate of £1.12 to date of judgment or sooner payment.

Date 04/10/2017

 

What is the value of the claim? £6207,89

 

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? 6th November 1999

 

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- Asset Link Capital (no5)

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes I still have it

Did you receive a Default Notice from the original creditor? Yes I still have it

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

Why did you cease payments?

I broke my ankle on or around the 18th March 2014 and was made redundant about two weeks later.

I had a part time job then and was struggling financially.

I now work in the gig economy being paid a fee for each job completed and things are even worse.

 

What was the date of your last payment? 4th December 2014 £53.00

 

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 they reduced the interest and allowed minimum payment

I then received various letters and statement of account from Link demanding payment.

They also telephoned and I explained I had no means of paying them.

 

On the 14th August, 2017 I received a letter from Link giving me 14 days notice that the account would be passed to Kearns Solicitors (which I have found is owned by Link).

 

I thought it was time to do something about it.

I then wrote to Link on the 18th August 2017 using the template on this forum offering them £2200 as full and final payment.

I said my mother would lend me the money.

I also explained my employment status and income .

They did not reply or acknowledge the letter.

 

On the 1st of September I received a Letter Before Action from Kearns demanding £5288.34 within 14 days.

I wrote back to them on the 6th September enclosing the Link letter and my reply.

I sent it signed for.

It shows they received the letter on the 7th September on the Post Office track and trace.

 

A few days or weeks later a Miss called from Kearns and I explained to her about my written offer and my letters.

She then called me back saying Link had put in a counter offer of around £4300 and that I had so many days to accept it.

I explained that £2200 was all I could offer.

I asked her to reply to my letters and give the counter offer in writing.

She declined

.

I had meant to write to them again but I received the Claim form on Monday 9th of October 2017.

 

I have now drafted a letter to Link (using the template on the forum) asking for a copy of the original credit agreement and I intend to defend the case.

I intend to send the letter to Link and the Defence and Counterclaim on Monday

 

Can I put in a counter claim for the distress they have caused by not replying to my letters and for saying I owed Barclaycard £5288.34 and £409.55 interest on the particulars of Claim? If so how much?

 

 

Barclaycard (but the original account was with Egg a division of Prudential Banking Plc.

I have a card issued in 12/05 still in my possession number ......

I have another card with the same number which expired in 11/11.

I have a copy of the original Egg Card Agreement dated 6th November 1999

but it does not have a number and I have not signed my copy.

I think they sent me the card regardless.

 

I think it was transferred to Barclaycard in May 2011 when Egg sold their business to Barclays.

I have a copy of a letter from Egg in response to my complaint about PPI dated 21 July 2011 and it refers to account no ......

I was then issued with a Barclaycard .....in 10/11

 

Any help would be greatly appreciated.

Edited October 13, 2017 by Hogyn Braichmel

[renegadeimp]

Theyre trying to get a judgement by default., They havent got a chance of getting the original agreement on an 18 year old egg debt.

 

Also, and i could be wrong. their POC's arent even correct. Theyre trying to say half a mill in o ne sentence, then a couple though in the next?

 

Link very rarely enforce legit debts. THey prefer to go for ones where they think the debtor is gullible, and sinc eyou blindly offered a settlement figure... bingo. They got one.

[dx100uk]

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.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

no need to sign anything

.

dx

[dx100uk]

link always write their POC figures like that. pounds and pence in one long line.

 

 

so 528834 is £5288.34p

 

 

do only as post 8 please and STAY OFF THE PHONE

never ever ring a DCA or their dogs..they are NOT BAILIFFS

 

 

you say you have the original agreement[dated 22/11/99] and the T&C's?

[dx100uk]

ok so you got the above all done yet?

[Hogyn Braichmel]

Yes all done yesterday. CPR 31:14 has been delivered to the solicitors. CCA still out for delivery to Link. Case also acknowledged online.

 

Yes I do have a copy of the original agreement dated 6th November 1999 (not 22nd November as they state on the claim form) and the T&C's.

 

Many thanks for asking dx and thanks for the assistance dx .

 

Could you please delete the copy of the claim form?

 

Please advice further when required.

[dx100uk]

done

magic you have the old agreement

it will be interesting to see what bogroll they magic up to fake the agreement for the CCA return...

[Hogyn Braichmel]

Thanks for deleting. It had something still on there that i should have blanked.

[renegadeimp]

Keep us updated. It would be a miracle for them to come up with the original agreement, especially since they already got the date of the agreement wrong.

[Hogyn Braichmel]

Hi All,

 

Received this letter dated xx/10/17 on the 26th from Kearns

 

 

We write further to your correspondence dated xx/10/2017, received xx/10/2017

In order to provide the documents requested we require time to acquire, compile papers and forward them to you.

We confirm that a hold has been placed on the account and no default Judgement shall be requested within fourteen days of the date the documents are provided.

We do not consider it necessary to file an application seeking time to provide documents, though if you require such please confirm and we shall do so (though an order may be sought for costs for that)

If you wish to discuss, please contact the address at the top of the page or alternatively speak to a Litigation Officer on 02920 XXXXXXX who will be happy to assist you

 

Yours faithfully

 

Kearns Solicitors

Edited October 30, 2017 by Hogyn Braichmel

[dx100uk]

you file your defence on day 33 regardless

[AndyOrch]

" We confirm that a hold has been placed on the account and no default Judgement shall be requested within fourteen days of the date the documents are provided."

Cant request a default judgment anyway...you have acknowledged service and will be submitting a defence on time.

 

Andy

[Hogyn Braichmel]

Hi - I have been unwell. Thanks for the above dx and Andyorch.

 

When is day 33 please? I know it is in the next few days but i have dyslexia/dyscalculia and have have specific trouble working out dates.

 

Is there a template on the forum for a defence?

 

Thanks

[dx100uk]

today by 4pm.

 

no templates

as each particulars of claim are different

 

however they have failed the CCA/CPR so the holding/no paperwork defence

available in any credit card claimform thread here will be useful to base your on.

 

post it up here 1st so we can check it

[AndyOrch]

Given that this claim was post Oct 1st......edit the following to suit.

 

Your particulars for reference only

 

1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced .....and opened effective from 22/11/1999.

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 26/03/2015 a default was recorded.

 

 

3.As at 30/09/2016 the Defendant owed Barclaycard plc the sum of £5288.34.

By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 30/09/2016 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter.

 

 

4.And the

Claimant claims- 1. £5388.34

2. Interest pursuant to Section 69 county courticon Act (1984) at a rate of 8 % per Annum from 30/09/2016 to 04/10/2017 of £409.55 And thereafter at a daily rate of £1.12 to date of judgment or sooner payment.

Date 04/10/2017

 

The Defendant contends that the particulars of claim vague and are 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.

 

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

2. The Claimant claims £xxxxxx is owed under a regulated consumer credit account under reference xxxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.

 

3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

 

4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

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

(b) show and evidence any cause of action and service of a Default Notice or termination notice; and

© show how the Defendant has reached the amount claimed for; and

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

 

6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant 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.

[dx100uk]

there you go Hogyn

 

what a nice man andy is

 

you can go file that on the MCOL website now.

 

dx

[Hogyn Braichmel]

Brilliant thank you very very much Andy. I have trying been to find, amend and draft a defence for the past few hours

[dx100uk]

and