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

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MCOL does not show a status of stayed.....".defence submitted " or if they have made a response..." Allocated "

 

The statement you have received is pursuant to the CCA1974 requirements...not the FCA

 

 

Andy


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So claims stayed ignore Sink

Only worry if the court writes...


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hello again.

 

I have received a letter from Link on their own headed paper dated 30.9.18. Ive been away working. The last contact I had with them was to send for the statement with the £1 postal order. ( I thought the request was for original paperwork?)

 

This letter is a part statement showing 10 'transactions' still ongoing to the account and that the £1 I sent was both added to the account as a credit and also shows in the debit column on 24.5.18.

The £1 was listed as 'recoverable charge section 77/78 request SEC on the account.'

 

When I went through Step Change, and also years before that, there was a request that was granted for interest to be stopped.If this is not fabricated, then the account is now showing interest being added again at a rate of roughly £45 per month, and the balance is growing.

 

The amount claimed via court docs was ££7,751 its now £8669. The court still lists the original amount.The start balance on the letter is £8,395 (starting 01.04.18- the same date of my court defense filing)

 

Ive not had any further response from the court ( apart from acknowledgement of defense) since April.

 

Surely it cant be legal for them to suddenly start adding charges when specific requests have stopped interest being added, bearing in mind this is not on Barclays headed paper. This looks fabricated to me, as the amounts for the 8% interest added on each month go up and down even though the balance is growing.

 

The bottom of the letter states 'Subsequent Notice Sums In Arrears' and that the current amount represents the outstanding balance as I 'did not maintain payments' etc. The letter makes no mention of the court filing.

 

Please can you tell me what I should do next, if anything? Should I just wait for the court to write to me?

Many thanks.

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The "Notice Sums In Arrears " is just a requirement that must be issued annually pursuant to the CCA1974 (2006 amendments) ..it has no connection to a court claim and is for reference only.

 

https://www.legislation.gov.uk/ukpga/1974/39/part/VI/crossheading/sums-in-arrears-and-default-sums


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Im not 100% sure,

 

however, I lived abroad for 5 years from 2000-2005 and I did not pay anything whilst away.

 

I only paid a Barclays one whilst away as I was still using my Barc account, but no longer had an account at HSBC or other debt payments in place while I was away.

 

According to them they then contacted me again in 2007 to start chasing, but I cant honestly remember them doing that.

 

The debts get passed around so many times its hard to keep track over 30 years!

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I think you been had blind..sorry


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sorry, I have no idea what you mean by that, or what I am supposed to do about it when they start chasing - if anything?

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I have just received a reply to this issue regarding an old Barclaycard Visa debt. 

They are stating that the S78 claim is not valid and that they intend to claim the full amount plus costs.

 

I have scanned the letter so you can read it in full.

They also sent me a load of photocopied papers of the agreement from Barclays and ( from my old address signed from 2.2.1999)

 

The main loan copy is very poor and difficult to read.

I note though that they spelled my mothers maiden name wrong on the original agreement.

Not sure if this makes a difference or not but thought Id mention it.

 

There is also a copy of a letter from Barclaycard about an arrears of £375 dated august 2015 along with the general details of the agreement.

 

They sent:

1. Kearns letter - posted here prior

2. copy of b'card credit card conditions -15 pages

3. general info FCA default sheet ( photcopy) not addressed or named 2 pages

4. Phototcopied B'card default notice 2 pages from 2015

5. B'card application -1 page

Statement of account  from Kearns

 

All my personal info is on the application paper,

Im not comfortable scanning that one to post on an open forum. 

 

I have not had any notice from the court re this matter, but it seems they intend to pursue it.

Its hard to make out, but it looks like BC protection was added to the costs on the barclaycard agreement.

 

I filed a defence for it last January 2018.

It was passed to Kearns around Nov 2017.

This debt was with 'Asset Link Capital' as per court docs.

 

Previously I was chased by 'Link Outsourcing' along with MANY others as it goes back to 1999.

 

 

 

CCA return.pdf

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documents from cca return now in above post.

 

no default notice? or NOA yet then...


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Hi, sorry I missed this reply in my emails.

Does NOA mean notice of action?

Am I to expect this next?

 

From what I can gather they seem to say Ive had all relevant documents as requested and that they intend to pursue it.

They have already added nearly £1000 to this debt.

 

Can you tell me if I need to do anything, or should I wait for court reply-assuming they have done something at the court to progress it.

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notice of assignment , have you not been reading up on things

cag is self help too.

its been stayed a year

if they are brave enough to waste another £255 to lift the stay 

the court will write.

 

 


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Hi, please can yo explain how you know its been stayed for a year, where can I see that for myself? The letter they sent was pretty snotty in tone and there was no mention of a stay or any other court proceeding etc.

 

Sorry, forgot to add, they did say something about a default notice in one of the letters I scanned from last year.

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its autostayed if the claimant does not progress thing after 28days from you sending your defence.

read the letter acking your defence filing from the court.

 

 


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Thank you. I will re read it. One last question, if its stayed why did they resend all the info & letter? Is it just to try and scare me into paying regardless of court issues?

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

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Hi All,

Over the weekend I have received a large wad of paperwork from CCMC in Salford stamped received by them dated Aug 30 2019 for this debt ( £7k Barclaycard).

I believed this to be a stayed process.

 

I am confused by the paperwork which seems to be a copy sent to the court by Kearns for

an N244 application notice.,

a Notice Of Proposed Allocation To Small Claims Track (13/09/19), and

a General Form Of judgement Order stating that that stay is lifted and the claim may continue.

Please see attached scan.

 

From the paperwork it seems Kearns have said that they replied in time and hence applied for lift I guess?

 

Could you please help me to understand what to do next

. It appears Kearns won't give up on this case.

Many thanks in advance.

court keans stay lift.pdf

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simply that link have paid £255 for a n244 to lift the stay and its been granted.

going for a summary judgement.

 

so what additional evidence/docs have they included

scan them up.

 

 


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Paid £100 as it was without a hearing DX..and its simply an application to lift the stay not to request summary judgment because the court has ordered that Directions Questionnaires be filed by both parties....the claim is proceeding.

 

If we could have a copy of the n244 redacted also please.

 

Andy


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There's no additional evidence, just stuff the court already had been sent in all previous batches of paperwork ( copies sent to me again). The documents state I have to reply before end of October '19. Unfortunately I did engage i dialog with them prior to finding you guys for advice as i didn't know any better. The £1 fee I sent was returned to me. Hope you can read the docs here.

kearns court sept 19.jpg

n244 pt2-1.jpg

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okay...so simply complete the DQ and file and serve it by the date required..Oct 19th

 

 


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Sorry,

but when you say 'file and serve it' -do you mean keep one, send on to Kearns & send one back to court?

 

On the N180 it says send it to address on N149A form.

I dont have a form with that number but am I right i assuming its the 'notice of proposed allocation to small claims track.

Is it the business centre Northampton address or different?

 

Does this mean I am going to have to pay a lot off the £7k ( plus a mountain of costs)for this court claim now?

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Yes print 3 copies......Claimant Solicitor not the claimant....the address will be the same as your Proposed Notice of Allocation. CCMC Salford.

 

This is to allocate the claim to track...the next stage of the claim process.....as for if you have to pay .....who knows until it actually gets to a hearing and you win or lose. 


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For clarification, the Notice of Proposed Allocation doc has an address at Northampton on it not Salford, but the docs arrived from Salford. So I send them to Northampton-yes? I only have two weeks on it to be filed.

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