Link Financial - Claim Form - Barclaycard Debts

[Zaf1234]

Hi i wonder if anyone can give me advice.

 

I have received two summons from link financial ref to old defaulted ex barclay credit card debts.

 

Can anyone give me any advice as to how to go about and what to do please?

 

Any advice will be highly appreciated.

Edited January 15, 2019 by dx100uk
spacing

[fkofilee]

Welcome to CAG

 

Go here - https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do-**UPDATED-Jan-2019**

Copy the first post and paste it back here with answers

[dx100uk]

please complete this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do-**UPDATED-Jan-2019**

 

one for each claim.

start a second thread for the other one please

keep them separate.

 

thanks

 

dx

[Zaf1234]

Name of the Claimant ? ASSET LINK CAPITAL (NO5)

 

Date of issue –11 JAN 2019 (issue date)

 

Particulars of Claim

 

What is the claim for –

 

Claim if for old barclay card debts i believe.

 

1.The claimant claims the whole of the outstanding balance due by payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from 16/10/2003.

The agreement is regulated by the consumer Credit Act 1974, was assigned by the Defendant and from which the credit was extended to the Defendant.

 

2.The Defendant failed to make payment as required and by 30/01/14 a default was recorded.

As at 30/09/2016 the Defendant owed Barclay Card plc the sum of 4010.11.

 

3.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. 4090.11

2. interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from 30/09/2016 to 11/01/2019 of 697.90 And there after at a daily rate of 85 to date of judgement or sooner payment. Date 11/01/2019.

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I do not recall receiving any correspondence from them.

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? My address has not changed.

 

 

Did you inform the claimant of your change of address?N/A

 

What is the total value of the claim?4973.01

 

 

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

 

When did you enter into the original agreement before or after April 2007 ?before.

 

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?yes

 

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. The account has been assigned to Link Financial

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I was not aware.

 

Did you receive a Default Notice from the original creditor? yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? i do not recall receiving any for a long time from my original credit card companies.

 

Why did you cease payments? i did not know what the payment were for there was so many companies chasing them up originally.

 

What was the date of your last payment? i do not remember to barclay card.

Was there a dispute with the original creditor that remains unresolved? was not any disputes. i Could not afford the payments.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? yes i did they temporarily lowered the payments.

Edited January 15, 2019 by dx100uk
format

[dx100uk]

go ring Barclaycard and ask last payment date if you think it could be outside of 6yrs from the date on the claimform top right

[Zaf1234]

Account defaulted jan 2014. I think its been less than 6 years.

[dx100uk]

BC are know to to always file defaults VERY late, and ofcourse don't forget the defaulted date is NOTHING to do with the SB'd date.

 

don't forget to start a thread on the other claim too.

same MO please

[Zaf1234]

Hi i have not been able to call barclay card today.

 

I did however called the solicitors acting on behalf of link financial and asked them for the agreements for both summons.

I was put on hold and was told it will take approx two weeks for them to get the agreements.

I also asked for any records of payments they may have.

 

I think i best put the request in writing for both summons and perhaps put a defense in for the summons for lack of agreements?

 

Sorry forgot to state their solicitors said they will advise the courts to increase the time allocated for summons. Sounds fishy to me.

[AndyOrch]

Who told you to ring their Solicitors ?

 

You cant verbally request a copy of the agreement without sending the necessary legal request (Section 87) with payment £1.

 

Have you not sent a section 78 and CPR 31.14 request as advised to in the link in post #2 ?

 

They cant extend the time process on the summons....work to the date on the claim form.

 

Andy

[dx100uk]

go ring Barclaycard and ask last payment date

never ever ring the fleecers or their dogs..they LIE!

esp link!!

[Zaf1234]

Ok the pound do i send them a cheque or postal order? I will do it first thing tomorrow morning.

[dx100uk]

read all the posts in the CCA request link thread...

 

- - - Updated - - -

 

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 start 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

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

[Zaf1234]

Hi there

 

I have done all this.

I sent cpr requests for both summons and also cca requests.

 

I registered online and filed the defences.

What happens next?

 

I checked with barclay card they did not have accurate information but the last time i made a payment to them was in January 2014.

I do not remember if i ever made any payments to link financial.

[dx100uk]

I hope you mean you entered AOS - defend all , not your actual defences yet? they are not due for weeks.

 

if you last paid 2014, then the debt is not statute barred then.

[Zaf1234]

Aos i meant. I did it online.

[dx100uk]

Get reading up on defences then

[Zaf1234]

Where can i read up on them?

[dx100uk]

In this very same forum

Just about any claimform thread

Or

Use the search cag box of the top red toolbar

 

Claimform card

[AndyOrch]

Where can i read up on them?

 

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

[Zaf1234]

Hi guys

I still have not heard from Link financial when I requested the information. They said they need more time to get the paper work but its been well over a month now. Any advice?

[dx100uk]

your defence was due on the 12th

who said you had to wait for a reply

[Zaf1234]

Hi not so sure what the next step is now. I wrote to link financial asking for further information wit the copy of original signed agreements for both summons, they got back stating they needed more time to get hold of the paper work. Their letter was as follows:

 

We write further to your correspondence dated the 17/1/2019, received 18/1/2019

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

We can confirm 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).

 

[AndyOrch]

Did you submit a defence ?