Court Claim Received Asset Link Capital BarclayCard

[Birch1986]

It's a short document there is no reference to my name or account number. It makes reference to a schedule of accounts. Which makes me think it covers a bulk of accounts Sold. There is then a second sheet there is nothing to on it to connect it to the deed of assignment but it says on the top schedule and gives very brief details of my account. So I assume it to be the schedule referenced to but with the other accounts blanked off.

[warwick65]

It might be worth reading it carefully to see what the terms are - for example I read one where the terms were that after 12 months the original creditor would not help provide documents such as agreements to the new owner.

[Birch1986]

Hi Warwick i have read through the deed of assignment it really is a very short document there is no terms on it, it starts this deed of assignment is made the 14th day of December 2016. between it then states the name and address of Barclays and Asset Link Capital and then says, it is agreed, the assignor assigns to the assignee all the rights title and interest in and to the accounts, short particulars of which are set out in the schedule to this deed of assignment, with effect from the 30th September 2016.

as witness of which the assignor has executed this deed of assignment the day and year first above written.

its the signed by a witness.

and that is all.

So i have sent off the CPR to Kearns which has been signed for. but the CCA request i have sent to Asset Link still hasn't been delivered, it should have been delivered 18th. i am concerned as i have read online that Link are known for not accepting signed for letters. How will this effect my defense if i have no proof of delivery. i did enclose a copy of my CCA request with my CPR to Kearns.

I have yet to send my SAR Request off, am i right in thinking they have 40 days to respond to that? at this point i am not sure what to put in my defense and if i have to wait 40 days for the SAR, i wont have that information to help me.

[warwick65]

Ah right so what is really missing is the schedule - which in my opinion is the vital part as it says what asset can and can not do

[warwick65]

To add, when you do your defence, cover what you have asked for and also other points such as assignment etc . You need to cover whatever you think might be relevant because you should not introduce new points of law in your witness statement so fo example if you have not said about default notice you can not suddenly say ah but wheres the DN

By the time you do the WS you will have the SAR.

A SAR has 40 days to respond

[Birch1986]

I know Asset link capital are unlicensed but Link Financial outsourcing Limited are. So are they able to act under their licence?.

[warwick65]

I will leave this to Di I think but my understanding is

The owner of the debt has to be authorised and licensed - if they are they could then get an unauthorised part of their company to collect but if the reverse is not true- although they will try to tell you it is

[Birch1986]

I have received a letter from Kearns today saying they require time to provide the documents k have requested. They say a hold has been put on the account and no default judgment shall be requested within 14 days of the documents are provided.

we do not consider it necessary to file application seeking time to provide documents, though if you require such please confirm and We shall do so (though an order may be sought for costs for that).

What does this mean for the court form?, I'm assuming I still submit a defence.

[jaguarsuk]

I have received a letter from Kearns today saying they require time to provide the documents k have requested. They say a hold has been put on the account and no default judgment shall be requested within 14 days of the documents are provided.

we do not consider it necessary to file application seeking time to provide documents, though if you require such please confirm and We shall do so (though an order may be sought for costs for that).

What does this mean for the court form?, I'm assuming I still submit a defence.

Don't trust them.

If they do apply for a default judgement it'll cost you £255 to get it overturned and in asking for that back I'd bet they'll ask it to be set off against the claim leaving you out of pocket.

I'd write back to them advising them that you will file your defence on the deadline day if they do not provide them by that date, so they should respond with their agreement to amend your defence and that the Claimants will bear the costs of the amendment once documents are received.

If they wish to file an application at the court for an extension they should do so at their own cost as if they had filed the claim at a court instead of online they would have had to provide the evidence you have asked for in filing it, therefore they should already have it and not need further time. They have failed to comply with their CPR Part 7 obligations in issuing the claim and it amounts to an abuse of process.

Absolutely file a defence if you hear nothing back from the court about an extension.

[warwick65]

The usual rules about an extension is the claimant agrees in writing and the defendant then tells the court.

Basically though get your defence in on time which is likely to be based on no docs as per the template defence.

Great thing is, once you have filed a defence if they discontinue it is unlikely they would be able to reissue. If you haven't filed a defence they can

[warwick65]

Sorry should have said. You can pay £255 for a set aside and not get it. What would be the grounds? Also might get hit with costs

[Amethyst]

I have received a letter from Kearns today saying they require time to provide the documents k have requested. They say a hold has been put on the account and no default judgment shall be requested within 14 days of the documents are provided.

we do not consider it necessary to file application seeking time to provide documents, though if you require such please confirm and We shall do so (though an order may be sought for costs for that).

What does this mean for the court form?, I'm assuming I still submit a defence.

Yes, stick with the court timelines and file your defence If they wanted a formal extension they would request agreement and ask you to inform the court - they haven't, and there wouldn't be costs for an extension either, so stick to the timetable they set by filing the court claim in the first place. Example Defence

[Birch1986]

I have today received a response from Kearns to my cpr they have sent me the same paperwork from last year. A copy of blank egg terms with none of my personal details or account number on, they are claiming it is a credit agreement. A Barclay card credit agreement with my name and address typed on. Copy of the default notice and a copy of the assignment to link. Where do I go from here with regards to my defence? have Kearns complied with my CPR?. As of yet I have not had a response to my CCA to Link. Kearns mention in there covering letter that link inform them they haven't received a cca request from me as of yet. but I have proof it was delivered and signed for, all be it the signature just reads link.

[Birch1986]

Does anyone have any advice regarding this?, I need to submit my defence at the end of this week. Thank you