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    • Hello   Not a legal issue as such but wasn't sure where to ask advice on this.   I have just been awarded £2050 on a PPI claim.  I went through a claims company so i expected to pay them 40% plus VAT of the claim won.  However, i am querying the quoted court costs (which i was not informed about prior to this).  They are quoting the following court costs: -   £205 - Court Issue Fee £335 - Court Hearing Fee   I am no legal expert but these seem very high for such a small financial claim.  I will be lucky to see £500 of the initial £2050 if this is correct (yes i understand the 40% i could have avoided if i didnt use the claims company).  If these costs seem realistic then no probs with agreeing to them but if the claims company artificially inflated these for their own gain i would be none the wiser.     Can anyone advise please?   Thanks 
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    • but they don't know that do they.   pers I wouldn't sweat   
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robinjw

Link/kearns claimform - old barclaycard debt - N244 to lift stay received

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Hi, I have a debt which was with Barclaycard originally back in the 90's, roughly £7k.

 

I got into trouble a few years ago when I was ripped off by an investment company who put me out of business and stole several thousand pounds from me.

I was advised to use Step Change in 2016 to sort out 4 debts in total.

 

I was not aware that this system would only last for 1 year ( paying a nominal sum per month to each debt) and that afterwards I would be back to square one.

After it ended I was abroad working for a few months and was not receiving my mail.

 

Now I seem to have Link Financial chasing this debt ( who I have heard are very aggressive)

I wrote to them at xmas last year when letters caught up with me at last and asked them to provide proof that they can chase the debt.

 

Our correspondence crossed in the post and they had already sent a court claim against me in January, which I acknowledged with the online money claim system. ( I have not put in a defence yet as I was awaiting the response from Link.)

 

Now Link have sent the 'proof' which consists of; copies of payments made via step change, letter from barclays stating account moving to Link, general terms and conditions for the card debt, but no copy of the original signed document for the card.

 

What are my options?

 

Should I specifically request the signed document or do they have enough to take me to court?

They are trying to force me "sign the admission" via the court summons "supported by an offer to pay monthly instalments'.

Link have already stitched on nearly £1000 for their court fees and other bits.

 

I am not currently in a position to pay anything except a bare minimum as I only have a very small part time wage and some money I have saved whilst abroad to live on.

 

Thanks in advance for your help.

Edited by dx100uk
spacing

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Welcome to CAG - Thread moved to FLI for you...

 

Please go here - https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

Fillin the first post and paste it back here...

 

As this is a new Court claim - Did they send a Pre Action Protocol Letter?

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I would guess they already have a default judgement as you didn't file a defence?


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If they are asking yo to submit the admittance form (N9a) then they may not necessarily have or requested judgment yet...check the status on MCOL and see if it will let you submit a defence.

 

Regards

 

Andy


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Thanks for your response, I am not aware of any pre Action Protocol letters, but I was away for several months, so I cannot be 100% sure.

 

Name of the Claimant ? - ASSET LINK CAPITAL (NO5)LTD

 

Date of issue – 04 JAN 2018

 

What is the claim for – 

 

1.THE CLAIMANT CLAIMS THE WHOLE OF THE OUTSTANDING BALANCE...DUE AND PAYABLE XXXXXX REF AND OPENED EFFECTIVE FROM 11.2.99

 

2.THE DEFENDEDNT FAILED TO MAKE PAYMENT AS REQUIRED BY 30.12.2015, DEFAULT RECORDED 30.9.2016. OWED BARCLAYCARD PLC SUM OF £7,066.37.

 

3.BY AN AGREEMENT IN WRITING THE BENEFIT OF THE DEBT HAS BEEN LEGALLY ASSIGNED TO THE CLAIMANT EFFECTIVE 30.9.2016 MADE REGULAR UPON THE CLAIMANT SERVING A NOTICE OF ASSIGNMENT UPON THE DEFENDANT SHORTLY THEREAFTER.

 

4.THE CLAIMANT CLAIMS

1. 716637

2. INTEREST... SECTION 69 ETC AT RATE OF 8% PA FROM 30.9.16 TO 30.1 18 OF £684.71 AND THEREAFTER DAILY RATE OF 149 TO DATE OF JUDGEMENT OR SOONER PAYMENT. DATE 03.1.18

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? NOT TO MY KNOWLEDGE

 

What is the value of the claim? 7751.08 + COURT FEE 410 +LEGAL COSTS 100+8621.08

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD

 

When did you enter into the original agreement before or after 2007? ORIGINAL CARD ISSUED IN 1990'S DONT KNOW EXACTLY WHEN- I THINK AROUND 1994

 

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. CLAIM IS FROM THE SOLICITORS - KEARNS SOLICITORS ON BEHALF OF LINK CAPITAL

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO I WAS ABROAD FOR SEVERAL MONTHS WHEN THIS MAY HAVE HAPPENED

 

Did you receive a Default Notice from the original creditor? NOT THAT I AM AWARE OF

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I DONT THINK SO. I BELIEVE TO 2016 DATE QUOTED ON THE COURT CLAIM IS FROM THE END OF THE STEP CHANGE DMP

 

Why did you cease payments?THE END OF THE STEP CHANGE DMP- I DID NOT REALISE THIS HAD ENDED - I WAS PAYING £1 PM

 

What was the date of your last payment? £1 VIA STEP CHANGE CHARITY

 

Was there a dispute with the original creditor that remains unresolved? NO DISPUTE, I WAS RIPPED OFF VIA AN INVESTMENT AND I LOST MY BUSINESS + INCOME CAUSING ALL MY DEBT STRESS

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I DONT THINK SO, NOT UNTIL STEP CHANGE DID THAT ON MY BEHALF, HONESTLY CANT REMEMBER. I WAS TRYING TO RESURRECT MY BUSINESS AND START PAYING AGAIN BUT JUST COULD NOT DO IT

 

The court notice was sent around xmas and I had already written to them, but our communications had got lost in xmas post and it seems they want to continue with the court regardless even though they acknowledged that they had jumped the gun in setting the court case against me.

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Have you checked mcol?


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I looked at MCOL yesterday and it only shows that I acknowledged the court claim in January ( I did that online a couple of days after receiving the claim), nothing else is listed that I can see.

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Does it give you the option of submitting a defence?

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yes it does.

The initial letter from Kearns solicitors stated that my letter to them was dated 13th December 2017 ( where I asked for proof they could chase the debt)

 

Their 'letter of claim' was dated 22 November '17.

I didn't get their letter until early December in which they gave me 30 days to respond, which I did, but that response got caught in xmas post and they posted the court claim on 4th January ( first working day after xmas.)

My reply to them should have already been at their office by then.)

 

Do I still have a chance to call and/ or write to Barclays and try and get an agreement to pay them rather than deal with these guys?

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Then you need to submit a defence ASAP today...next hour.... before they request judgment and you get a CCJ.

 

" Do I still have a chance to call and/ or write to Barclays and try and get an agreement to pay them rather than deal with these guys? "

 

No ...they dont own the debt anymore Link are now the legal owners and are suing you.


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What do I say as a defence? I have no clue how to start or what would constitute as acceptable by the court etc.

Isn't there a large fee for doing that also?

Is there no way I can get them to remove the court summons?

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use the top red toolbar search CAg box

 

type in

claimform Barclaycard

 

dx


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What do I say as a defence? I have no clue how to start or what would constitute as acceptable by the court etc. Isn't there a large fee for doing that also? Is there no way I can get them to remove the court summons?

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

No fee to submit a defence

No way to get them to remove the claim..apart from submit a defence and cross your fingers.

 

Your very lucky that they have not already requested judgment.


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The defence below is typical of what most people on here use - I just pulled it from the first credit card thread I could find. You'll note within it is reference to requesting certain documentation - the reason being, to show that you have attempted to establish the source and legitimacy of the alleged debt. You've presumably not made any requests for documentation, so you'll need to tweak the defence accordingly.

 

It's vital that you get something in pronto though, as I'm confident doing so will enable you to negotiate a £2-3k reduction in the amount being claimed - worst case scenario (we can discuss that later) . On the other hand, the account is really old, so there's every chance they haven't got an enforceable agreement, so you could not end up owing them a penny. They'll take you for the whole amount if you don't get a defence in quickly though - and they'll have to do the minimum amount of work - dream case for them.

 

Get onto it now and just post up any questions you might have. £2k minimum for an hours work!

 

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

 

 

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 in the past had financial dealings with Lloyds. I am unaware of what alleged debt the claimant refers to and have requested further information by way of a CPR 31.14 and section 78 request which the claimant has failed to respond to and is in breach of the section 78 request.

 

3. Paragraph 2 is noted and await further information with regards to service of a Default Notice.

 

4. Paragraph 3 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.

 

5. On receipt of 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 declined to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. The claimant with their none compliance to my requests have frustrated my attempts to clarify their claim.

 

6. Therefore 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

© show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;

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

 

7.. As per 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 crediticon 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.

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Ok so Ive copied above and changed to suit my circumstances, please see below and let me know if this is correct:

 

Particulars of Claim for reference only....

 

1.THE CLAIMANT CLAIMS THE WHOLE OF THE OUTSTANDING BALANCE...DUE AND PAYABLE XXXXXX REF AND OPENED EFFECTIVE FROM 11.2.99

 

2.THE DEFENDANT FAILED TO MAKE PAYMENT AS REQUIRED BY 3012.2015, DEFAULT RECORDED 30.9.2016. OWED BARCLAYCARD PLC SUM OF £7,066.37.

 

3. BY AN AGREEMENT IN WRITING THE BENEFIT OF THE DEBT HAS BEEN LEGALLY ASSIGNED TO THE CLAIMANT EFFECTIVE 30.9.2016 MADE REGULAR UPON THE CLAIMANT SERVING A NOTICE OF ASSIGNMENT UPON THE DEFENDANT SHORTLY THEREAFTER.

 

THE CLAIMANT CLAIMS 1. 716637 2. INTEREST... SECTION 69 ETC AT RATE OF 8% PA FROM 30.9.16 TO 30.1 18 OF 68471 AND THEREAFTER DAILY RATE OF 149 TO DATE OF JUDGEMENT OR SOONER PAYMENT. DATE 03.1.18

 

 

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.

 

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. Paragraph 1 is noted. I have in the past had financial dealings with Barcalycard. I am unaware of what alleged debt the claimant refers to and have requested further information by way of a CPR 31.14 and section 78 request. The claimant failed to supply a copy of the signed agreement as per my request and is in breach of the section 78 request.

 

3. Paragraph 2 is noted and await further information with regards to service of a Default Notice.

 

4. Paragraph 3 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.

 

5. On receipt of 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 no fully complied to my section 78 request and remain in default and with regards to my CPR 31.14 request. The claimant with their none compliance to my requests have frustrated my attempts to clarify their claim.

 

6. Therefore 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

© show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;

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

 

7.. As per 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 crediticon 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.

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Hi,

I have received a reply from the solicitors in a load of legalese after I added my defence to the MCOL.

I now have 7 days to do something.

 

Please see attached pdf of their letter as I am not sure how to respond to it.

I also had an acknowledgement from the court.

thanks

 

kearns march 2013.pdf

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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

.


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OK, just so Im clear, I need 2 x postal orders uncrossed

- one to send to the solicitors and one to send to Link financial.

 

Also, as this is a credit card debt I need to copy the letter shown and add section 78 and don't sign it?

 

What happens if they do provide the signed agreement?

So far they provided everything except that.

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no go read each link and all their posts.

 

no signed agreement will be fatal to their claim


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Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi,

since I sent a request for the signed agreement detailed by you guys above ( posted on 23rd March 2018) I have had no reply back.

Yesterday I received a letter which is a 'statement of my account' according to them, begging me to get in contact.

 

I have checked the MCOL and nothing further is listed there, also it seems that on the Link an extra £134.08 in charges have been added since the MCOL claim.

However, they still have not supplied the agreement and Ive had no further contact from Kearns solicitors yet either.

 

I seem to recall that there is a 10 day time limit for them to provide the signed document, is that correct?

If so, surely this has passed by now and I wonder if I need to do anything or just sit tight and wait them out.

 

I assume this letter is just them trying it on as they can't supply the agreement.

Thanks in advance for your help.

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what date did you file your defence?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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hi, thanks for the replies. My defense was filed online on 14th March. Letter from the court says they have 28 days to respond. No stay has been logged that I can see at MCOL.

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