Barclaycard link kearns

[Thewrath]

Hi
I'm a new member and would really appreciate some advice

Credit card debt year 2000 took out barclaycard

Sold to link 2012 after i started making reduced payments which they had agreed to

Last payment made 2012

Sold to idr finance 2

Kearns acting as solicitors took me to court.
I sent cpr18 the claim was stayed .
Kearns have now come up with a odd looking piece of paper which is very unclear but has what looks like my signature on and the date Im supposed to have signed .
everything else is wrong no barclays signature , boxes on the paper missing info ,mostly can't make anything out .
Can anyone help as the more I read the more confusing this situation becomes debt is 7k but kearns have just added 2k on ,so they want 9k.
I have requested credit agreement from barclaycard and link in the past but now kearns come up with this odd looking paper.
Any help is greatly appreciated. I did all I could to pay and entered into an agreement with barclaycard reduced payments ,they sold my account having never previously missed payments in 11 years .

[Thewrath]

The claim was stayed last month since then they claim to have provided the cpr18 information.
I would like advice on my next step ,, I have looked through pages of information but cant figure out a solid next move .

[cymruambyth]

I think the next step should be from them, but I may be wrong. What were the grounds for the stay? They may have provided a scrap of paper but this must still be a legal agreement. I believe that they will have to apply to the court to lift the stay and you will be informed of this.

[Thewrath]

Hi Cymr
Thanks for the response ,either of us can pay to lift the stay the reason theclaim was stayed was due to them not responding within 28 days.
My next move was an n24 (unless order) which i was working on 1 month after the stay submit and pay myself for a reolution from court.. ideally struck out.
The scrap of paper is there shot at a credit agreement , its in 3 parts looks awful missing information unreadable on the first page also strangley uncoordinated ..none of the x marks the spots line up plus certain information is strangley wrong.. ive lived at my mums house 22 years but im only 21 at the time I have a dependannt when I didnt ..Im unemployed etc . all totaly wrong ,, impossible that I ever signed but yes the badly put together scrap is passed as a credit agreement somthing I have requested a number of times and never recieved.
It does have a signature that they will say is mine also someone has hand written the day the card may have been applied for essentily a credit card apllication which some of the info is correct.. to much to be a complete forgery I think .
Any help agin is much appricited

[Susie]

I think I would be keeping quiet to them about what is wrong with the so called agreement, and would email it in its unedited state to Niddywebmaster@all-about-debt.co.uk puting your user name in the subject line and preferably a link to this thread as well so he can have a look, its totally safe and you will get an answer. If there are as many mistakes as you suspect then they could be in for an interesting time

[Thewrath]

Hi Susie

Many thanks !!
I have took a picture ,sent to Niddy as advised .
I hope he finds somthing amiss with it

[Joanna Connolly Solicitors]

Have you filed a Defence?

Have you sent them a CPR 31.14 request?

Are you certain that the claim has been stayed? That would normally only be the case if a defence has been filed and the Claimant has not informed the court that they intend to continue with the legal proceedings.

Di

[Joanna Connolly Solicitors]

I think the next step should be from them, but I may be wrong. What were the grounds for the stay?

Not necessarily.

If Part 18 Questions have been asked and the 'asker' is not satisfied with the response then they (the 'asker') can make an Application to the court to force the issue.

If the Claimant doesn't inform the court that they intend to proceed with proceedings after a Defence has been filed and served on them by the court (I've asked the OP to clarify this point) then the claim is automatically stayed. There will be no "grounds" for this.

Di

[Joanna Connolly Solicitors]

My next move was an n24 (unless order) which i was working on 1 month after the stay submit and pay myself for a reolution from court.. ideally struck out.

There's a risk with an application for an Unless Order.

Courts rarely strike out a claim at that stage if 'something' has been produced however pathetic the documents may seem to be to you.

It's up to the trial judge to make that decision (do they comply or not).

Have you sent a s 77-79 CCA Request to the current owner of the debt or the original creditor?

It looks like this debt may have been through two assignments from what you've said. That may be relevant especially if one or both of them are/were unlicensed.

Di

[Joanna Connolly Solicitors]

I think I would be keeping quiet to them about what is wrong with the so called agreement

Or alternatively use it to the OP's advantage since legal proceedings are already in play?

Di

[Thewrath]

Thanks Di
I had to file a defence which I will add shortly unless face judgment .
I sent cpr18 (as less than 10k) and received this credit agreement along with other bits of info .
the claim is 100% stayed as they had provided no response .
the debt was sold to link then to IDR finance 2
kearns act as solicitors for them.
I have sent other bits off I will add them shortley
all help is greatly appreciated with this , thanks for your time and response

[Susie]

Or alternatively use it to the OP's advantage since legal proceedings are already in play?

Di

Agree, I should have worded it better to say until after letting Niddy (or you of course) seeing the agreemet first so that a proper response could be sent, rather than a guesswork one

[Joanna Connolly Solicitors]

Thanks Di
I had to file a defence which I will add shortly unless face judgment .
I sent cpr18 (as less than 10k) and received this credit agreement along with other bits of info .
the claim is 100% stayed as they had provided no response .
the debt was sold to link then to IDR finance 2
kearns act as solicitors for them.

I've replied to your email

Di

[Thewrath]

Hi Di

I have emailed you the alleged agreement , I will add a list of all documents I have requested tommorrow.

Can I also add my reasoning for this advice may appear selfish but in all honesty the easy path would appear to be to pay these companys ,over time they get there money and go away.. but that would only be the end for me , they move on and make the next persons life a nightmare phone calls letters ...demands, stress .for me a sinking feeling every mention of the word debt , mostley I felt betrayed by barclaycard for selling to these vampires when I had lost my job .
If there is any way these companys dont get paid it is only a good thing in my opinion.



Many thanks

[Thewrath]

Hi again hope some one can help please ??
does anyone have an address for barclaycard , I have sent them the subject access request SAR from the site recorded .. they have not signed for and I'm still in need of the info .
I have been given a web address from barclaycard .. as directed when I called them chasing up the info .