Court Claim Received Asset Link Capital BarclayCard

[Birch1986]

Deleted

[lightanshade]

I'm not experienced in this area at all so I can't advise you on whether the documents sent would be sufficient for them to prove their case. Some of it seems quite dodgy. If no-one here can help maybe try Citizen's Advice. Some have volunteer solicitors or you may have a Law Centre near you.

[jaguarsuk]

Received a claim? Yes
Issue Date:13th April 2018
Have you Acknowledged the Claim?: Yes
Total Amount Claimed:£1980.09
Claimant’s Name: Asset Link Capital
Solicitors Firm: Kearns Solicitors
Original Creditor: Barclaycard previously Egg Card
Original Debt: Credit Card

Particulars of Claim: The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced XXXXXXXXXXXXXX and opened effective from 04/06/2010. 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 13/02/2014 a default was recorded.As at 30/09/2016 the defendant owed Barclaycard plc the sum of 1774.59.By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective 30/09/2016 and made regular upon the Claimant serving a Notice of Assignment upon the defendant shortly thereafter.And the Claimant claims- 1. 185459 2. Interest pursuant to section 69 County Court Act (1984) at a rate of 8% per annum from 30/09/2016 to 12/04/2018 of 20550 and thereafter at a daily rate of 38 to date of judgment or sooner payment.Date 12/04/2018

Is the debt Statute Barred No
List any letters you have sent (eg: CCA/ CPR ) acknowledge the claim, preparing the send CCA request and CPR.

Any Other Information or Background Details: this was previously an Egg Credit Card which was then taken over by Barclay card, i am sending a CCA request to Asset Link and a CPR to Kearns but i am unsure of what documents to list on the CPR and advice would be gratefully received. I received a Letter before action letter from Link back in August 2017 to which i responded with a request for preaction disclosure. Not sure if this was the right thing to do but Kearns replied back with some paper work, which consisted of a printed credit agreement for Egg, this was basically just the Egg terms and conditions had no details relating to myself on it no name address credit limit nothing. they also sent a Barclaycard credit agreement with my name and address printed on it again just sheets of paper laying out their terms and conditions. Statements from 16th June 2014 till 15th June 2015. a Copy of a Letter from Mercers Debt Collections limited regarding a default notice on the account Dated 16th January 2014 and a letter of assignment of debt from Barclaycard to Asset Link 30/09/2016.

i would appreciate any guidance on how best to proceed with this, would it be worth while sending a SAR?

thank you

Okay, so in the 31.14 letter you ask for:

1. agreement referenced XXXXXXXXXXXXXX signed by the defendant
2. agreement in writing the benefit of the debt has been legally assigned to the claimant effective 30/09/2016
3. Notice of Assignment

Also it would be a good idea to send an SAR to Barclaycard asking they provide all documents they have on you, but specifically ask for agreement referenced XXXXXXXXXXXXXX signed, any default notices issued and notices of assignment of the debt to any other party.

The Egg terms sound like they are a reconstituted version or copy of blank terms to show the general terms at the time, whether it stands up to the rigour of being an acceptable reconstitution would need a professionals eye. The Barclaycard terms with your name and address on them are naughty, but not signed by the sounds of it.

They have specifically stated you signed an agreement, so you want to see the signed agreement and if they had it then they would have sent it with your pre-action request, so chances are they won't be able to produce it.

When you sign the letters add an extra dot or line to the signature. They apparently have a blank credit agreement or one with your name along with address on it and we wouldn't want your real signature to miraculously come off your letter then suddenly appear on the agreement now would we?

[warwick65]

Hi

Can you remember how you opened the account, was it online or did you sign a real agreement - or maybe both . I know barclaycard get a digital and physical signature these days

Does the claim form say it was an ex egg card?

I would ask for the notice of assignment from egg to barclaycard and barclaycard to Link

I would also look at sending a SAR to Egg

Can you remember if you were asked to sign a new agreement when egg sold their portfolio to B/ Card

Diana M any thoughts?

[Birch1986]

Deleted

[warwick65]

Hi I believe for Egg you would contact Canada Square operations
https://www.fca.org.uk/ppi/contact-c...are-operations

As the agreement was online and in 2010 an online signature will be sufficient but at least you have nothing to worry about with regard to forgery ( And I would never suggest such a thing could possibly happen).

[jaguarsuk]

Hi thank you for all your responses so far. It was an Egg Card opened online no agreement was signed. The claim form doesn't mention Egg at all on it. There was no new agreement signed when it became Barclaycard i just received a letter advising me it had been taken over by Barclaycard. I'm not sure I could SAR Egg as the company no longer exist but I will look into.

Jaguarsuk with regards to the egg terms it is just copy of blank terms to show the general terms at the time. There is nothing at all on it that would link it to myself or the credit card account.

In their Particulars of Claim they say it was signed, if you know there isn't a signed agreement then they have shot themselves in the foot by saying you signed one.

In your Defence you can state something along the lines of "The Defendant categorically states he/she has never signed any agreement with Barclaycard, Egg Card or the Claimant."

You'll want to challenge their Particulars by Paragraph when you write your defence, so you highlight each statement and number it. If you post a PDF scan of the form with details removed I'll show you what I mean and then you can copy the process on the version without details removed.

[jaguarsuk]

Hi I believe for Egg you would contact Canada Square operations
https://www.fca.org.uk/ppi/contact-c...are-operations

As the agreement was online and in 2010 an online signature will be sufficient but at least you have nothing to worry about with regard to forgery ( And I would never suggest such a thing could possibly happen).

Their Particulars of Claim specifically references a signed agreement and that is what their claim is based upon, it is incumbent upon them to provide that signed agreement and the Defendant knows they can't.

The Defendant in correspondence to either the Claimant and their Solicitor should change their signature to ensure once they realise their mistake that no shenanigans take place.

[Diana M]

In their Particulars of Claim they say it was signed, if you know there isn't a signed agreement then they have shot themselves in the foot by saying you signed one.

In your Defence you can state something along the lines of "The Defendant categorically states he/she has never signed any agreement with Barclaycard, Egg Card or the Claimant."

From January 2005 an online 'tick box' is considered as a signature.

http://www.legislation.gov.uk/uksi/2...article/4/made

Egg applications were online.

The POC state the account was opened in 2010.

Di

[warwick65]

Their Particulars of Claim specifically references a signed agreement and that is what their claim is based upon, it is incumbent upon them to provide that signed agreement and the Defendant knows they can't.

The Defendant in correspondence to either the Claimant and their Solicitor should change their signature to ensure once they realise their mistake that no shenanigans take place.

An online signature is still a signature

So if the POC say a signature is signed they are not talking necessarily about a wet ink signature. Online signatures became legal at some point in 2005 ( not sure of the exact date) so were definitely ok in 2010

[warwick65]

From January 2005 an online 'tick box' is considered as a signature.

http://www.legislation.gov.uk/uksi/2...article/4/made

Egg applications were online.

The POC state the account was opened in 2010.

Di

Sorry Di I really should have scrolled down

[Diana M]

Sorry Di I really should have scrolled down

Great minds think alike

Di

[Birch1986]

Hi it says Barclaycard have assigned the account to Asset Link Capital (No.5) Limited ("ALC 5"). It then says ALC 5 have appointed Link Financial outsourcing Limited to service the account on their behalf.

the default notice is definatly sent from Mercers Debt collections Ltd in Liverpool. So what does that mean for me if they had ceased trading.

[Birch1986]

Ok so been looking again through the paperwork i was sent last year. I have a copy of a letter advising me the account was assigned over to Asset Link Capital on the 30th September 2016. But they have also sent me a copy of the deed of assignment between Barclays and Asset link. It's a printed document with hand written signature witnessing the transfer. The strange thing is that it says the deed of assignment is made the 14th of December 2016 this is hand written in. It then says further down that the deed of assignment is effect from 30 September 2016. So 2 different dates... is this normal

[warwick65]

Is this Deed a short or long document? Is there reference to your name or your account number and/or other accounts etc