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Asset/Link/Kearns Claimform - old Barclaycard debt


PJB5

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Hi all

Had a BC a/c for many years, decades actually, and was struggling to repay in 2018

they agreed to stop interest and all contact for 1 year.

Never heard anything more from them and then got a letter this week from LC Asset saying they had been assigned the a/c from BC and that they have appointed Link Financial to act on their behalf.

Also received a text from Link yesterday, not sure how they got my mobile but assume BC passed it on, I did not think they were allowed to do that under GDPR.

I'm not sure but I think this may be an old Egg card debt that BC took over,

I had 2 BC a/c's, one was from Egg and one I already had but this was donkeys years ago

I am not sure now which was which.

I've read a few posts where people have asked if they were Egg a/c's so did not know if this was relevant.

As yet I have I have not made any contact with them and the way I see it is my 1st step should be to send a CCA request,

my question is

as we are all in lockdown and due to the circumstances we find ourselves in should I try doing this via email first?

I live in an area of London with a very high R rate and really do not want to have to go queue in a post office unless I absolutely have to.

I was thinking if I email they either accept it & reply or if not I will send a letter.

Any thoughts please?

Thanks in advance for reading and any help & advice you can give

Paul

My proposed email:

(template removed - dx)

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please don't post our templates in the open forum as advised in red at the top of the template.

 

pers i would not be using email,,, have you not got a 1st class stamp?

or you cant buy postage online at royalmail

  • Thanks 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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My apologies, I thought it meant the original but i cannot edit it, can you remove it please?

Yeah I have stamps and can post but without proof of postage.

Was thinking if I email they either do it or if not I will send them by post with proof of delivery, I'm in no rush!

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proof of posting is not important.

  • Thanks 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Letter done & sent, forgot I even had a cheque book!

In the meantime as I said I had 2 a/c's with BC, this one that owes £2600 and another that owes £2800.

Both were subject to the same arrangement but only this one has been transferred, called and asked them why and they do not know!

I'm thinking I am better off with Link as then, if they can prove the debts, I can look to negotiate a final settlement for both all in one or set up a payment plan for both all in one.

Any thoughts please?

Also is there any relevance that one of them used to be with Egg?

Thanks again

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Would have been better that you didn't give them a signature to lift, but difficult times persist.

 

As for better being with a fleecing dca than the OC..well no as an OC does not issue speculative court claims on a whim.

 

you need to get reading up here on cag

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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My signature on that cheque is nothing like my signature, but I took a copy of it in case they try to use it. 

 

I have read up and maybe I should explain better the reasons I said I may be better off with them.

 

First I would look to settle and from what I have read you can often settle for anything from 50-80% of the total debt and secondly, if I cannot settle they cannot charge me the 14.9% BC will charge me, although from what you have said it sounds like I am wrong?

 

 

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Who says you have to pay anything?

When were the cards taken out..very pre 2000 even 1990's i bet!

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well paying nothing would obviously appeal!

 

Yeah one was definitely 1990' as it was previously the Egg card and other I think was also 90's but could have been 2000's

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Not a chance in hell either will hold enforceable cca's

Bye bye debts.

 

Dx

  • Thanks 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Exactly here where you are the Barclaycard forum

Or use our search top right

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Dx, thanks again.

I've scrolled through the forum and searched some keywords for the life of me I cannot find what you are saying.

 

Any chance you could please point me to the posts or give me the keywords I need to search for as pulling my hair out here. 

 

Are you referring to the 99.9% chance the CCA will be fake from Link?

 

If so what about the a/c still held by BC?

 

Just checked my credit report and both a/c's defaulted July 2018 and taken out in 2005 & 2007 according to the CR 

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Well poss unenforceable

cca both lets see

  • Thanks 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

Hi all

I put my hands up to being a very silly boy,

I received letters from Link Financial and asked about it here and I was advised to write to them, I wrote the letter but then we were moving house .  I waited to send it as I wanted to add the new address.

I received the Claim Form I checked my files and it is still there unsent.

I received a letter from Kearns Solicitors regarding the same Barclaycard account and put it to one side and with one thing & another over the past couple of weeks I did not get round to posting here as been very busy, 

Now I have received a claim form from the County Court Business Centre/Kearns Solicitors. 

Any advice on what I should now do going forward would be greatly appreciated and I promise I will action it this time. 

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Please read and follow the instructions in the following link then copy and paste the Q, s and responses back here for further advice.

 

 

 

Topic moved to Financial Legal Issues forum.

 

Andy.

 

 

 

 

.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

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old and new threads merged.

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Which Court have you received the claim from?  County Court Business Centre, Northampton

Name of the Claimant?  asset link

 

name of solicitors Kearns Solicitors


Date of issue 15 Nov 2022
Date  to acknowledge - 3/12/22

date to submit defence - 16/12/2022

 


What is the claim for – 


1. The Claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced xxxx (16 digits) and opened effective from 09.02.2005.

 

2.The agreement is regulated by the Consumer Credit Act 1974 (CCA), was signed by the Defendant (D) and from which credit was extended to D.

 

3.D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by 26/7/2018 a default was recorded. As at 15/12/2020 the Defendant owed Barclaycard plc the sum of 2,400.00.

 

4.By an agreement in writing the benefit of the debt has been legally assigned to C effective 15/12/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

 

And C claims-

1. £2400.00.

2.Interest pursuant to section 69 County Court Act (1984) at a rate of 8% per annum from 15/12/2020 to 15/11/2022 of £350.00. And thereafter at a daily rate of 0.50 to date of judgment or sooner payment.  

 

Date 15/11/2022


What is the total value of the claim? £2300 (rounded up)


Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes 


Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes


Did you inform the claimant of your change of address?  No but I informed Barclaycard


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 April 2007 ?  Before
Do you recall how you entered into the agreement...On line /In branch/By post ?  Post I think


Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes when last checked early 2022


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.  Debt purchaser


Were you aware the account had been assigned – did you receive a Notice of Assignment? Cannot recall for certain but I believe so


Did you receive a Default Notice from the original creditor? Not sure


Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Do not believe so


Why did you cease payments? Financial problems and Barclaycard allowed for payments & interest to be stopped then sold the debt 


What was the date of your last payment?  Cannot recall but at least 5 years ago


Was there a dispute with the original creditor that remains unresolved?  Only that they sold the debt without contacting me 


Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes but I was not in a position then to make payments. .

Claim Form.pdf

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please note your corrected aos and defence filing dates.

............................

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

.https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..Leave the £1 PO unsigned and uncrossed

.get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt].

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

On 15/01/2021 at 10:11, PJB5 said:

Had a BC a/c for many years, decades actually, and was struggling to repay in 2018 so they agreed to stop interest and all contact for 1 year.

so last paid about 2018.

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

2018 is not 5yrs........

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Sorry 4+ years at least then.

I'm working from memory and may have been wrong when I said 2018,

I think it's over 5 but I'll try and check my bank statements but either way it's been a very long time.

Also I've sent the CCA letter today.

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cause you can

go ring barclaycard and ask.

they must hold the info if its within 6yrs,

dont get fobbed off by you must ring Link!!

demand it ..its your data protection and prevention of fraud act right.

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • dx100uk changed the title to Asset/Link/Kearns Claimform - old barclaycard debt

last payment date or use of the credit card = acknowledgement of you of the debt .

 

its worthy of the chance it could be statute barred (6yrs)

being able to file an SB defence should kill the claim dead, but going by your old thread, l merged here earlier and posts now from post 1here, it doesn't sound like it.

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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