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  1. Hi CAG Team, Name of Claimant: IDR Finance UK Ltd Claim Date: 07 June 2017 What is the claim for: 1.The claimant claims the whole of the outstanding Balance due and payable under an agreement referenced 412XXXXXXXX and opened effective from 12/12/2007. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. 2.The Defendant failed to make payment as required and by 30/11/2011 a default was recorded. 3.As at 29/02/2012 the Defendant owed MBNA Limited the sum of £14,094.67 by an agreement in writing the benefit of debt has been legally assigned to the Claimant effective 29/02/2012 and made regular upon the Claimant serving Notice of Assignment up the Defendant shortly thereafter. 4. And the Claimant claims - 1.£14,194.67 2 .Interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per Annum from 29/02/2012 to 06/06/2017 of £5720.54 and thereafter at a daily rat of £2.98 to date of judgment or sooner payment. Date 06/06/2017 What is the value of the claim: £20,806.89 Has the claimant included section 69 interest: Yes Is the claim for: Credit Card When did you enter into agreement: December 2007 Who has issued the claim: Debt purchaser Were you aware the account had been assigned: Yes Have you been receiving statutory notices: Yearly Statement of Account from Link Financial Why did you cease payments: Made redundant at the time, debts spiralled out of control What was the date of your last payment? July/August 2011 Was there a dispute with the original creditor that remains unresolved: Yes, charges and PPI Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan: Yes, cancelled card immediately and started the process to sell my debt. What I need to do: Requested CCA from Link in 2012, no response but credited fee to my account. Request CPR 31.14 from Kearns. Respond to claim online mark "I intend to defend all of this claim" Unfortunately I find myself calling on your services once again. A couple of years ago I had a fight and lost against MKDP LLP -BC. It was far from the end of the world and without going into detail has all but gone away now. I have today received a claim out of the blue from Kearns acting for Link on an old MBNA Credit Card that was fast approaching SB (8 months) Like most posts regarding Link I received a statement of account once a year which I chose to ignore. In the early days they used aggressive telephone tactics but that didn't phase me and it soon became this yearly statement and nothing more, until today. As always your assistance with defending this claim would be much appreciated. OMH Kearns MBNA Claim.pdf
  2. Hi guys! I've done quite a bit of reading, both here and on [removed], but, at the same time, would welcome any reassurance and / or advice anyone feels able to offer. I had an old MBNA debt, on which I defaulted, that was subsequently purchased by Link Financial Ltd. Initially I made some token repayments via a Debt Management Plan. However, as I recall, these ceased back in 2009 after Link failed to comply with a CCA request. In any case, I had heard nothing until the untilend of November when Link told me of their intention to pass the account to Kearns Solicitors Ltd. In mid December Kearns sent me a LBA, to which I responded with a request for further information accordance with the conduct & protocols set out in the Civil Procedure Rules. I only sent that letter at the beginning of last week and have not, as yet, received any of the information requested, but have now received a claim form, the particulars of which are as follows: As I understand it, I should now file an acknowledgement of service, stating my intention to defend. Furthermore, given Kearns have yet to respond to my pre-action request, I believe I should now send them a CPR 18 request. As I've already said, I'd be really grateful for any thoughts or advice anyone on here is able to offer. Thanks in anticipation NuggyPeach
  3. Hello everyone, I'm posting this as a heads-up for others as much as a call for help. I walked away from some debts 6-7 years ago, so all s-b and I've heard very little (the occasional half-hearted phishing letter). I am living credit-free and within my means. The exception was an MBNA debt which went to Link, who got a CCJ in the autumn of 2011. I'd hoped to counterclaim on their outrageous charges and horrible harassment but I'd failed to do my homework properly, so I lost. The court did set the repayments at £10 a month for evermore (on £6000), which I pay by standing order. It's down to £5k+ now. Link send a "summary" every 6 months stating that I'm in arrears and the total is due, I don't pay it any heed. They have called once or twice since 2011 asking if I'm "happy with the payment arrangements" and I've said, "yes, thanks". As I understand it, the CCJ will disappear from my record by the end of this year, and I see no advantage in paying them any sooner; I'm effectively getting an interest-free loan from them, and my hope is that they'll go out of business before I've paid it all off. Also, I don't want to give them the chance to say I haven't complied with a court order. I've had two messages left by Kearns in the past fortnight, out of the blue, seemingly, although I'm guessing that as I've recently been credit-checked for job applications, this may have triggered something. They've called with numbers withheld, asking me to call them urgently. I hadn't heard of Kearns, so looked them up on here and learnt that they are part of Link. I'm guessing that I should ignore and wait for them to write to me. I wish I could say I'm not bothered but I am curious and my blood pressure actually shot up this morning. (It's going down, typing this. Taking back control, something CAG has taught me well.) I wonder whether they are hoping to trick me into making a new payment arrangement (which would invalidate the court's agreement, wouldn't it?) or are fishing to see whether I'm working now, and/or want to make a deal - final payment in return for removing from my credit file (I don't know that that's even an option, as a CCJ is a public record). The other possibility is that they're calling on spec regarding other old debts, but anything else is statute-barred. So ... wait for the letter, I guess? Can I stop them calling? They've called just before 9am, so I've had my phone off, and I'm prepared for any "no caller ID" calls. If they catch me, will ask them to put anything they have to say in writing. Should Kearns be reading, and working out who they've been calling this week: my circumstances haven't changed, but feel free to write to me. The contents of your letter will be shared with my friends on CAG for info purposes.
  4. Ok long time coming Name of the Claimant ? IDR Finance UK II LIMITED Date of issue – 18 APR 2016 6th MAY to acknowledge 20st MAY to submit Defence What is the claim for – the reason they have issued the claim? 1.The claimant claims the whole of the outstanding balance due and payable under an agreement references XXXXXXX and opened effective XX/XX/2003. The agreement is regulated by the consumer credit act 1972, was signed by the defendant and from which credit was extended to the defendant. 2. The Defendant failed ot make payment as required and by XX/XX/2013 a default was recorded. 3.As at XX/XX2013 the defendant owed Barclaycard PLC the sum of XXXXXX By an agreement in writing the benefit of the debt has been legally assigned to the claiment effective XX/XX/13 and made regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter. 4. And the claimant claims 1. XXXXXX 2. Interest pursuant to section 69 county court act (1984) at a rate of 8% per annum from XX/XX/2013 to XX/XX/2016 of XXX.XX and thereafter at a daily rate of XX to date of judgment or sooner payment. Date XX/XX/2016 What is the value of the claim? 3200 (rounded) Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? 2003 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? yes Did you receive a Default Notice from the original creditor? unknown Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? unknown Why did you cease payments? financial hardship and illness What was the date of your last payment? unknown - But not statute barred Was there a dispute with the original creditor that remains unresolved? Nothing solid. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes and for a while the arrears were brought into line with the original creditor. Then later on the OC withdrew the account without warning or explanation whilst minimum payments were being maintained.
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