Claimform IDR/Link - old Barclaycard 'debt'

[moelwyn]

Hi all,

 

I am just about to register online for the County Court Business Centre, which is www dot moneyclaim dot gov dot uk

 

I am wondering if I type in my name as is

eg - first name: Joe surname: Bloggs

 

or should I do as in the template letters & enter: [FIRSTNAME LOWERCASE] of the family [sURNAME LOWERCASE]

eg - first name: joe

surname: of the family bloggs

 

Or does it matter on this website?

 

Thanks for the help - am just beginning a battle with IDR Finance regarding an alleged Barclaycard debt, and I have received a claim form from the County Court Business Centre, so I will be sending the three letters out regarding the information they should provide.

 

THANKS!!!

[AndyOrch]

Hi moelwyn and welcome to CAG

 

All the registration instructions are on the blue claim form N1 from Northampton...they already have your details...your password is on the claimform.You just require a username.

 

Regards

 

Andy

[moelwyn]

Thanks very much

[AndyOrch]

Once you have successfully registered if you could read and complete the following posting your responses here to enable further advise on dealing with the claim.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

[dx100uk]

IDR/Link this could be fun....

 

 

dx

[moelwyn]

Ok, here goes - & thanks very much for your help!!!!

 

Name of the Claimant ?

IDR FINANCE UK II LIMITED

 

Date of issue

– 10th October 2014

 

What is the claim for

– The Claimant claims the whole of the outstanding balance due and payable

under an agreement referenced XXXX and opened effective from --/08/2008.

 

 

The agreement is regulated by the Consumer Credit Act 1974,

was signed by the Defendant

and from which credit was extended to the Defendant.

 

 

The Defendant failed to make payment as required and by --/11/2013

the Defendant owed Barclaycard plc the sum of 11,980.--.

 

 

By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective --/11/2013

and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter.

 

 

And the Claimant claims:-

 

 

1. 12,110.--

 

 

2. Interest pursuant to Section 69 Count Court Act (1984) at a rate of 8% per Annum from

--/11/2013 to --/10/2014 of 810.-- and thereafter at a daily rate of 2.53 to date of judgment or sooner payment. Date 10/10/2014

 

What is the value of the claim?

13331.--

 

Is the claim for a current or credit/loan account or mobile phone account?

credit account

 

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

After - --/08/2008

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 has issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Was not aware - haven't received as far as I am aware

 

Did you receive a Default Notice from the original creditor?

Don't know

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No

 

Why did you cease payments:-

Combination of dispute & change of circumstances

 

Was there a dispute with the original creditor that remains unresolved?

Yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

Yes

 

 

 

 

[AndyOrch]

Excellent.......

 

 

Read the instructions with regards to CPR and CCA requests within the above link...that's your next job and make sure acknowledge service on time.

 

Regards

 

Andy

[moelwyn]

Thanks muchly!

 

Can you tell me - I am online now on the County Court Business Centre site - do I put in my defence now, or do I just do the Acknowledgement of Service which you mentioned in your post?

 

Best wishes

[dx100uk]

just AOS defend all

don't tick juris

 

 

log out.

 

 

you should get an ack email/msg

[dx100uk]

once you have sent the CCA & CPR

 

 

get reading up about link

[use the search of our greytop toolbar]

 

 

they are one of the worst for trying to fleece people

 

 

I wonder where the money goes........

 

 

http://www.homesandproperty.co.uk/property-news/news/millionaire-debt-collector-digs-deep-south-kensington

[dx100uk]

and if you want

 

 

tell us the history of the debt from you side

if you have moved since

etc etc

 

 

and what letters you have had regarding it.

 

 

dx

[moelwyn]

Thank you so much!!! I so appreciate having help at such an unconscionable time of night/morning!!!!

I have entered my AOS & will do the rest tomorrow - have to zzzzzz now.

THANKS!!!! :)

[dx100uk]

glad to help

 

 

dx

[oleg]

Hi wyn of the family moel

 

 

 

I am wondering if I type in my name as is

eg - first name: Joe surname: Bloggs

 

or should I do as in the template letters & enter: [FIRSTNAME LOWERCASE] of the family [sURNAME LOWERCASE]

eg - first name: joe

surname: of the family bloggs

 

Or does it matter on this website?

 

. . .

 

I will be sending the three letters out regarding the information they should provide.

 

 

Please extinguish from your mind all the fantasy pseudolegals you have discovered in Get Out of Death Free and/or Freeman sites.

 

 

They are incompatible with Life on Earth.

 

 

We don't arrest policemen or drag judges out of court to the gallows - even if we may sometimes like to.

 

 

The consequences could exceed those of any Barclay debt.

 

Ditch your "three letter process" and follow the advice on here if you want to prevent the Claimant from eating you for breakfast.

 

Seriously.

 

Oleg

[moelwyn]

Message received & understood!

 

History of debt

- applied online

- got a lesser amount,

 

 

the bank put the amount up and up as account was being managed well

- in first place was paying it fine

- circumstances changed (also had dispute on some of the amounts on the statements

- can't say how much as bank didn't answer my letters regarding it

- a lot going on in life at the time & didn't sort it out when they wouldn't respond)

 

 

- then I wrote to them saying couldn't afford full payment & paid them £10 per month

- did this for quite a few months then stopped.

 

 

Got handed to Mercers for collection.

Don't know what happened in between as have either not received or not been aware of letters until this county court form.

 

I will not be online now until later this evening.

 

Thanks very much to you all for the much needed help :)

[moelwyn]

PS- Re history of debt - forgot to mention there is no change of address & also I have a husband who is not named on the debt

& he is co-owner of our house (which has a mortgage)

- does this make any difference?

[moelwyn]

Hi again - can you give me a link for the template for the CCA1974 Section 77/78/79 request - can't find it - thanks!!

[dx100uk]

CCA request

 

 

dx

[dx100uk]

what letters prior to the claimform did you get from LInk/IDR

owe the last year?

[moelwyn]

Very sorry,

but I am not aware of any letters,

though there may have been some

- I have had my head well buried in the sand

- but just after the Claim form I have received a letter from IDR Finance as follows:

 

Dear Sir/Madam

 

This Notice relates to default sums and we are required to give it to you to comply with the Consumer Credit Act 1974.

 

You have incurred a Litigation Charge of £130.00 which was applied to your account on 09/10/2014.

 

This notice does not take account of default sums which we have already told you about in another default sum notice, whether or not those sums remain unpaid.

 

Total amount of all the default sums included in this Notice £130.00.

 

Interest

We are not entitled to charge you interest on the default sum for the first 28 days after we have given you this notice. After this time we can charge interest at the contractual rate however, we have elected not to charge interest on the default sum.

 

Yours faithfully

 

Litigation Department

[moelwyn]

And thanks for the link for the CCA - I have written out the CPR letter - do I write "without prejudice" on these letters?

[moelwyn]

Also in the CCA request where it states (delete as appropriate) - how do I know what to delete & what is appropriate?

 

Thanks!!! :)

[AndyOrch]

And thanks for the link for the CCA - I have written out the CPR letter - do I write "without prejudice" on these letters?

 

Does it have it on our templates....?

 

Also in the CCA request where it states (delete as appropriate) - how do I know what to delete & what is appropriate?

 

Well you have stated its a credit account so unsure what that means...Fixed loans are section 77 credit cards are section 78 and HP agreements are section 79 so delete to which is appropriate.

 

Andy

 

Thanks!!! :)

[moelwyn]

Ok, I get it - section 78 for Credit Card & no additions

 

I have done the CPR & CCA letters - I assume that I don't need to post them on the site and have them checked, as they seem quite straightforward - is that ok?

 

What is the next step?

And what would I do about my defence,

as my date of issue is 10th October 2014 & therefore I must enter a defence before 12th November

- and I probably won't have heard back from the letters by then?

 

I really appreciate your help - and I will be making a Paypal donation to thank you & keep the site running :)

[AndyOrch]

Ok, I get it - section 78 for Credit Card & no additions

 

I have done the CPR & CCA letters - I assume that I don't need to post them on the site and have them checked, as they seem quite straightforward - is that ok? Yes dont post them.... all the instructions are provided within the templates

 

What is the next step?

And what would I do about my defence,

as my date of issue is 10th October 2014 & therefore I must enter a defence before 12th November

- and I probably won't have heard back from the letters by then? Or at all so start to read other threads with similar claims and claimants and start to draft a defence to suit your claim.......we will check it before you submit so dont worry.

 

I really appreciate your help - and I will be making a Paypal donation to thank you & keep the site running :)

 

Thank You

Andy