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    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
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Zaf1234

Link Financial - Claim Form - Barclaycard Debts

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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 by dx100uk
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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


please don't hit Quote...just type we know what we said earlier..

 

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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 by dx100uk
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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


please don't hit Quote...just type we know what we said earlier..

 

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

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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


please don't hit Quote...just type we know what we said earlier..

 

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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?

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

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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


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go ring Barclaycard and ask last payment date

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

esp link!!


please don't hit Quote...just type we know what we said earlier..

 

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

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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]


please don't hit Quote...just type we know what we said earlier..

 

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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.

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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.


please don't hit Quote...just type we know what we said earlier..

 

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Aos i meant. I did it online.

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Get reading up on defences then


please don't hit Quote...just type we know what we said earlier..

 

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Where can i read up on them?

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In this very same forum

Just about any claimform thread

Or

Use the search cag box of the top red toolbar

 

Claimform card


please don't hit Quote...just type we know what we said earlier..

 

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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 The National Consumer Service

 

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

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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?

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your defence was due on the 12th

who said you had to wait for a reply


please don't hit Quote...just type we know what we said earlier..

 

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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).

 

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Did you submit a defence ?


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 The National Consumer Service

 

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

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