KKA's Unenforceability Diary

[KKA]

Hi Guys, looking for a little advice if possible?
To cut a long story short I had a Barclaycard debt which was sold to Link Financial in 2014; after the usual several letters asking to make contact I received a 'letter before action' letter in Feb 2015.

I responded to this stating I didn't acknowledge the debt with a £1 postal order and a request for CCA (1st time I have done this).
I have had correspondence back from Link but before having much of a chance to consider my next step a county court claim letter (IDR Finance) has arrived with additional interest and court charges added to the value.

The card was originally opened in 2001, payment difficulties started in 2012 with reduced arrangements in place, payments stopped at the end of 2013 and the date of default on my credit report is Feb 2014 when the debt was sold.

The correspondence received from Link was a re-constituted agreement, barely readable, no signatures (i can upload a copy if any use).

This is one of several creditors; my main intention was to buy some time then maybe attempt to offer settlement figures.

Can anyone please advise my best course of action?
Any advice would be greatly appreciated.
Best Regards

[nightwatch]

Re: County Court Claim Received - Can Anyone Help?

Have a read of this it may be of some help http://forums.all-about-debt.co.uk/s...rom-a-Creditor
NW

[Undercover Elsa]

Re: County Court Claim Received - Can Anyone Help?

Hi Kka and welcome to AAD

We can certainly help you!
If you check out the link above, click through to the right page (depending on whether the it's above or below £10,000) and fill in the details a new claim thread will automatically be started for you.

Would you mind emailing a copy of the first page of the claim form, together with the recon agreement they sent to me at undercoverelsa@all-about-debt.co.uk and CC it to webmaster@all-about-debt.co.uk and PlanB@all-about-debt.co.uk.
Please send them unedited, it's perfectly secure. Put your user name and NEW CLAIM in the subject line and include a link to this thread.

Did you receive a Default Notice for this debt and do you still have it? If so please copy and send that too.

Once we have all the info we can see what will be the best way forward for you

Elsa x

[KKA]

Re: County Court Claim Received - Can Anyone Help?

Elsa/Nightwatch
Many Thanks for prompt response, i will fill the details in as requested and get the other information emailed across.
Best Regards
KKA

[PlanB]

Re: County Court Claim Received - Can Anyone Help?

This is one of several creditors

We'll tackle all of those in due course when you've got over the shock of the court claim which we're now dealing with on a separate thread here:

http://forums.all-about-debt.co.uk/s...l=1#post490760

However are any of your other creditors threatening legal action because we can probably head them off at the pass if they are, especially if any of the accounts were opened before April 2007?

It would be wise to jump on things now if we can so you don't get any more nasty shocks in the post

Plan B x

[KKA]

Re: County Court Claim Received - Can Anyone Help?

PlanB; currently have 9 creditors, The only other one chasing at present is another Barclaycard (old EGG card) which was sold at the same time to MKDP; i have sent a CCA request and awaiting a response.
All the accounts were opened prior to April 2007, apart from one in July 2007 (this account has a CCJ) which wasn't contested, at the time i was in a self-managed payment arrangement with all creditors, and it just frustrated me that they done this but i agreed to continue making payments and continue to do so.
At present this is the only regular payment i am currently making.

[PlanB]

Re: County Court Claim Received - Can Anyone Help?

PlanB; currently have 9 creditors, The only other one chasing at present is another Barclaycard (old EGG card) which was sold at the same time to MKDP; i have sent a CCA request and awaiting a response.

All the accounts were opened prior to April 2007

. . . . At present this is the only regular payment i am currently making.

In which case it may make sense to help you deal with all your creditors in an effort to prevent eight more court claims.

I'll get someone to change your thread title so you can start a diary about each of these debts since they're all from pre-2007 days except one which means they have the potential to be unenforceable.

Plan B x

[Undercover Elsa]

Re: KKA's Unenforceability Diary

You rang?
Title changed xx

[The Tech Clerk]

Re: KKA's Unenforceability Diary

I would strongly suggest you start a diary for each DCA/Creditor & update/records events by date/type letter/event, it will help us & yourself to keep up to date of events also see immediate record of events, if you use just one thread then cases will be lost and people may get frustrated trying to link paragraphs to latest info;-
look below at the Support Group thread and see how we have made diary for this particular one/? you can use that format for each DCA etc. of your own



RED/Hampton/Lowell - Support Group

[PlanB]

Re: KKA's Unenforceability Diary

KKA to help us to help you can you do a separate post for information on each debt but keep it all on one UE Diary thread using this format:

• Type of account (credit card/loan)
  
  
• Date commenced (ideally before April 2007)
  
  
• Approx balance
  
  
• Date last paid (approximate date you last made a FULL payment)
  
  
• Are you on arrangement or not paying
  
  
• Status (default/in arrears/up-to-date)
  
  
• Account owner (who is writing to you, a DCA or the lender)

Also read this thread first to get an understanding of how the process works http://forums.all-about-debt.co.uk/s...ewfull=1#post3


Plan B x

[KKA]

Re: KKA's Unenforceability Diary

PLANB
Sorry for the delay, i intend to provide information on all outstanding balances, however as previously mentioned on 24th March only one other creditor is chasing at the moment.
This was another Barclaycard (originally EGG) and sold last year to MKDP; i sent a CCA request and have now just received a response.
Will it be okay to email some information through for some additional advice?
Many Thanks
KKA

[Pixie]

Re: KKA's Unenforceability Diary

Hi KKA

Have a read of this thread and then upload your agreement here

[Undercover Elsa]

Re: KKA's Unenforceability Diary

Have they sent both sets of T&C's KKA?
This being an old Egg, they struggle with the T&C's, so apart from the agreement make sure they've sent the ones from account inception and closure, otherwise they haven't complied.

Elsa x

[KKA]

Re: KKA's Unenforceability Diary

Elsa
I Have just emailed you the information they provided, if you could take a quick look that would be much appreciated.
Best Regards
KKA

[Undercover Elsa]

Re: KKA's Unenforceability Diary

Thanks KKA (you still need to upload it to Niddy though as he's the expert)

Yep, they've only sent one set of recon T&C's, dated 07/2005. When was the card taken out?