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Court Claim - ASSET LINK CAPITAL N05 / Barclaycard - 1-8-2017

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  • Court Claim - ASSET LINK CAPITAL N05 / Barclaycard - 1-8-2017

    Received a claim? Yes
    Issue Date: 1-8-2017
    Amount approx: 10920.89
    Claimant: ASSET LINK CAPITAL N05
    Solicitor: KEARNS SOLICITORS
    Original Credit: Barclaycard

    Particulars of Claim:
    Tne Claimant claims the whole of the oustanding balance due and payable under an agreement refeenced XXXXXXXXXXXXXX and opened effective from 30/01/2012. 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 30/03/2015 a defaul was recorded.As at 30/09/2016 the defendant owed Barclaycard plc the sum of 978774.By an agreement in writing the benefit of the debt has been legally assigned to the caimant effactive 30/09/2016 and made regular upon the Claimant serving a Notice of Assignment upon the defndant shortly thereafter.And the Claimant claims- 1. 988774.2. Inerest pursuants to section 69 Counrty Court Act (1984) at a rate of 8% per anum from 30/09/2016 to 31/07/2017 of 56718 and thereafter at a daily rate of 207 to date of judgment or sooner payment.Date 31/07/2017

    Stat Barred? No

    Have sent: Acknowledged the Claim

    Other Info:
    Hello im looking for some advise on the best way forward to dispute this claim as i cannot afford to pay this amount.
    Last edited by Kati; 6th August 2017, 12:51:PM.
    Tags: None

  • #2
    Re: Court Claim - ASSET LINK CAPITAL N05 / Barclaycard - 1-8-2017

    Sadly lack of funds is not a defence but there are other ways to defeat a claim

    This one has the potential to have assignment issues.

    I see you're posting as a "Guest" so not a registered member

    Di

    Comment


    • #3
      Re: Court Claim - ASSET LINK CAPITAL N05 / Barclaycard - 1-8-2017

      I was going to give @Diana M a nudge but I do believe that Di has seen this!

      (Good afternoon, Di .....X-posts)
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: Court Claim - ASSET LINK CAPITAL N05 / Barclaycard - 1-8-2017

        Hi, Thank you for your advise so far, I am not sure why it says im a guest when I have signed up?

        I'm unsure of what requests to send off the Claimant for evidence, there seems to be 2 forms , one for request of contract only, the other requests all documents for £10.

        Which is best?

        Comment


        • #5
          Re: Court Claim - ASSET LINK CAPITAL N05 / Barclaycard - 1-8-2017

          I would send both the CCA request + the £1 fee to the Claimant, with a courtesy copy (no fee) to the solicitor.
          And the SAR (£10 fee) to the original creditor.
          I'd also send a CPR 31.14 letter to the solicitor, asking for a copy of the agreement including the relevant T&Cs, a copy of the Default Notice, all relevant Notices of Assignment which are pertinent to this claim, all relevant Deeds of Assignment which are pertinent to this claim & a detailed breakdown of the sum allegedly owed.

          This claim is over the usual £10k Small Claims limit.
          It could therefore be allocated to Fast Track, where there is a much greater potential exposure to costs.
          If it were me I'd be thinking seriously of seeking professional legal advice, if not representation. It certainly wouldn't harm to make a phone call.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Court Claim - ASSET LINK CAPITAL N05 / Barclaycard - 1-8-2017

            Hello ,

            Many thanks for the advise so far.

            I made a acknowledgmet of service to defend the claim was made on 6/08/2017

            I sent a CCA request & CPR 31.4 on the 7th of August , i recieved a reply on the 9th of August from Kearns , please see attached letter.

            I undertsand they say they need more time to supply me with the documents requested, but i dont understand how that will leave me at my end to make a defence before the 28th of this month?

            I have had no reply from ASSET LINK at this time so far....
            Attached Files

            Comment


            • #7
              Re: Court Claim - ASSET LINK CAPITAL N05 / Barclaycard - 1-8-2017

              Your personal details are on that Kearns solicitors' letter which you've uploaded.

              I've asked Site Team to remove them unless you can do that yourself.

              Your security is paramount when legal proceedings are ongoing.

              This claim is for over £10k so you need to be careful.

              Di

              Comment


              • #8
                Re: Court Claim - ASSET LINK CAPITAL N05 / Barclaycard - 1-8-2017

                Originally posted by Diana M View Post
                Your personal details are on that Kearns solicitors' letter which you've uploaded.

                I've asked Site Team to remove them unless you can do that yourself.

                Your security is paramount when legal proceedings are ongoing.

                Di
                sorted
                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                It doesn't matter where your journey begins, so long as you begin it...

                recte agens confido

                ~~~~~

                Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                But please include a link to your thread so I know who you are.

                Specialist advice can be sought via our sister site JustBeagle

                Comment


                • #9
                  Re: Court Claim - ASSET LINK CAPITAL N05 / Barclaycard - 1-8-2017

                  Originally posted by Kati View Post
                  sorted
                  That was quick!

                  Di

                  Comment


                  • #10
                    Re: Court Claim - ASSET LINK CAPITAL N05 / Barclaycard - 1-8-2017

                    Originally posted by Diana M View Post
                    That was quick!

                    Di
                    I'm on my 3rd coffee of the morning lol x
                    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                    It doesn't matter where your journey begins, so long as you begin it...

                    recte agens confido

                    ~~~~~

                    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                    But please include a link to your thread so I know who you are.

                    Specialist advice can be sought via our sister site JustBeagle

                    Comment


                    • #11
                      Re: Court Claim - ASSET LINK CAPITAL N05 / Barclaycard - 1-8-2017

                      Thanks Katie for editing the letter, i just took a quick pic from phone and didnt think about my details.....

                      Comment


                      • #12
                        Re: Court Claim - ASSET LINK CAPITAL N05 / Barclaycard - 1-8-2017

                        Originally posted by adw12 View Post
                        Thanks Katie for editing the letter, i just took a quick pic from phone and didnt think about my details.....
                        no problem it's what I'm here for xx
                        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                        It doesn't matter where your journey begins, so long as you begin it...

                        recte agens confido

                        ~~~~~

                        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                        But please include a link to your thread so I know who you are.

                        Specialist advice can be sought via our sister site JustBeagle

                        Comment

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                        SHORTCUTS


                        First Steps
                        Check dates
                        Income/Expenditure
                        Acknowledge Claim
                        CCA Request
                        CPR 31.14 Request
                        Subject Access Request Letter
                        Example Defence
                        Set Aside Application
                        Directions Questionnaire



                        If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                        NOTE: If you receive a court claim note these dates in your calendar ...
                        Acknowledge Claim - within 14 days from Service

                        Defend Claim - within 28 days from Service (IF you acknowledged in time)

                        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                        We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                        If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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