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Thread: IDR FINANCE II v Acorn2012

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  1. #51
    Amethyst's Avatar

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    Default Re: IDR FINANCE II v Acorn2012

    So if your defence of non compliance with the CCA etc is now kerputt due to provision of complaint documents then yes, before they apply to lift the stay, now would be a good time to make a full and final settlement offer. You would need to do this via an agreed consent order whereby you agree to pay X by X date in full and final settlement and they agree to withdraw/discontinue the claim and write off any remainder debt. They may agree this for ease if your offer is a decent one, though they only paid probably 10% for the debt, they have the upperhand a bit if they can get a judgment against you as security. So you may need to agree a lump sum followed by certain installments. But as always start with a lower 1 off f&f settlement offer. They'd likely want 50% plus the court costs they've paid out.

    If you could upload a redacted copy of the agreement though that would be good - does it include all the prescribed terms and contain all the additional t&cs referred to etc?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  2. #52
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    Default Re: IDR FINANCE II v Acorn2012

    Hi Amethyst
    Thank you for your reply and sorry for my delay! I would ideally like to agree a settlement offer with them as I am trying to clear up my credit file so think it would be beneficial to me to have satisfied defaults.
    They have asked in their letter that I retract my defence....is this necessary?
    Do you know of any template letters that could perhaps help with with my response.
    Thank you!

  3. #53
    Diana M's Avatar

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    Default Re: IDR FINANCE II v Acorn2012

    Quote Originally Posted by Acorn2012 View Post
    They have asked in their letter that I retract my defence....is this necessary?
    Think very carefully before you agree to that and make sure you understand the consequences if you do.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  4. #54
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    Default Re: IDR FINANCE II v Acorn2012

    Hi Di
    Thank you for your reply - you say that I need to understand what the consequences would be for me if I agreed a settlement with them, would you mind explaining what they may be?
    I don't want to sound dumb but would I am a novice so your help and advice is much appreciated
    thanks

  5. #55
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    Default Re: IDR FINANCE II v Acorn2012

    Sorry to be a pain did you get a chance to read my previous post - just wanting to. Heck before I draft a settlement offer letter to them
    thank you ��

  6. #56
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    Default Re: IDR FINANCE II v Acorn2012

    Hi All!
    So to my surprise today I received a Notice of proposed Allocation to the small claims track! Included in the envelope were copies of my credit agreement etc. But WORRYINGLY a forged letter from them! I am horrified they can get away with that. It is "supposedly" a letter from me to Northampton court saying that I wish to admit the claim! I DID NOT WRITE THAT LETTER.
    Anyway going forward it looks as if the an application to lift the stay and enter judgment has been granted. So, where do I go from here please? Ultimately I would like to agree a partial settlement and have it set aside, is this still possible at this stage?
    I look forward to receiving your advice
    many thanks

  7. #57
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    Default Re: IDR FINANCE II v Acorn2012

    Hi!
    i wonder if anybody has had a chance to read my last post? I am extremely worried and loosing sleep over this, I wanted to make a settlement offer before it gets to far, but now I'm worried I have missed the boat! The thought of going to court absolutely terrifies me! I am trying to clean up my credit file as would love to be able to apply for a mortgage 2018/19.
    I understnsd I have to send back the forms and will accept the offer of mediation, I think ideally I want to be trying to agree a Tomlin order is that correct? If so can anyone point me in the right direction of how to go about this? Forms/template letters to use?
    I look forward to some of your helpful advice
    thank you!

  8. #58
    Acorn2012's Avatar

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    Default Re: IDR FINANCE II v Acorn2012

    Also I know it's Saturday night and I shouldn't even be on here I haven't even had a glass of wine yet! I obviously don't expect anybody to respond until Monday

  9. #59
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    Default Re: IDR FINANCE II v Acorn2012

    Hi Acorn

    You really do need to be very careful before you make allegations of forgery or fraud . I have only read a few posts but back in May you said you were going to write to them offering a full and final settlement.

    Did you send any letters?

    Maybe you could post up a suitably redacted copy of the letter they claim you sent - has it got your signature on it or maybe it is part of the acknowledgement of service

    Your posts are a little confusing

    You say their application to lift the stay and enter judgment has been granted but at the same time you say you have forms to send bak and accept mediation- that sounds like a Directions Questionnaire to me

    It is really hard to decipher exactly what has been sent
    @Amethyst @Diana M
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  10. #60
    Acorn2012's Avatar

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    Default Re: IDR FINANCE II v Acorn2012

    Thanks for your reply Warwick,
    i am a total novice so sorry if my posts are a little confusing - that's because I am confused myself this process is all new to me and I feel a bit out of my depth.
    I will post up copies of what I have tomorrow along with "the" letter, that I did not write.
    Should hopefully clear things up for you.
    Also in response, no I hadn't gotten around to offering a settlement-I kind of buried my head in the sand once it was stayed, on top of moving house and lots going on in my personal life it took a back burner (although I'm regretting that now)
    I appreciate your time to respond to my plea
    I'll update more info tomorrow
    Thanks

  11. #61
    Amethyst's Avatar

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    Default Re: IDR FINANCE II v Acorn2012

    This letter admitting the claim - what does it say ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  12. #62
    Acorn2012's Avatar

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    Default Re: IDR FINANCE II v Acorn2012

    Thank you for your reply
    I have attached copies of the recent correspondence together with a copy of "that" letter

    - - - Updated - - -


  13. #63
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    Default Re: IDR FINANCE II v Acorn2012

    Hi
    I can't see any letters
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  14. #64
    Acorn2012's Avatar

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    Default Re: IDR FINANCE II v Acorn2012



    - - - Updated - - -

    I added them as file attachments?
    Can you see this one I just put in the thread ?

  15. #65
    MIKE770's Avatar

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    Default Re: IDR FINANCE II v Acorn2012

    Quote Originally Posted by Acorn2012 View Post


    - - - Updated - - -

    I added them as file attachments?
    Can you see this one I just put in the thread ?

    not there

  16. #66
    Amethyst's Avatar

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    Default Re: IDR FINANCE II v Acorn2012

    weirdly the images code are showing as ''webkit-fake-url: //a1c436e1-d6ed-40e0-be5b-058148a22ca3/ imagejpeg" and I can't see they are attachments do you want to email them me ( use sharon@celame.co.uk it's quicker than the admin@legalbeagles.info address )

    When you try to copy and paste to Safari web browser the browser inserts webkit-fake-url . In Chrome, you could do getAsFile() on the clipboard data to read the image.4 Feb 2013
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  17. #67
    Acorn2012's Avatar

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    Default Re: IDR FINANCE II v Acorn2012

    Thank you Amethyst I have just emailed you

  18. #68
    Amethyst's Avatar

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    Default Re: IDR FINANCE II v Acorn2012

    Bloody hell... and you didn't write this letter ?

    ( got the rest will upload in a tic )
    Attached Images Attached Images
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  19. #69
    Acorn2012's Avatar

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    Default Re: IDR FINANCE II v Acorn2012

    No I definitely did not write it ��

  20. #70
    Amethyst's Avatar

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    Default Re: IDR FINANCE II v Acorn2012

    Very odd. But I do think it is just poor wording.

    So there are two orders included in that bundle of docs.

    Both dated 6th August.

    One says "The Court will deal with the Application to lift the stay without hearing under CPR 23.8. It is ordered that The Application to lift the Stay and enter Judgment is granted"

    Other is Allocation to Small Claims Track and that N180 must be completed, filed and served by 23rd August.

    Both attached.


    I'm doing the application next.
    Attached Images Attached Images
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  21. #71
    Amethyst's Avatar

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    Default Re: IDR FINANCE II v Acorn2012

    Quote Originally Posted by Acorn2012 View Post
    No I definitely did not write it ��
    well blow me sideways with a bargepole.... had they signed it ?
    Was it maybe sent to you by the claimant with the other docs as a suggestion for you to complete ? ( or that's what it's meant to look like if anyone investigates ) Did a copy come with the other docs ?

    I can't see it is mentioned in the actual application only that you hadn't replied after receiving the documentation, that they sent docs to you to try and prompt correspondance, and if they were trying to pretend you had admitted etc they'd have said. I think it would be an odd attempt to mislead the court.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  22. #72
    Amethyst's Avatar

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    Default Re: IDR FINANCE II v Acorn2012

    Application/ draft order etc
    Attached Images Attached Images
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  23. #73
    Amethyst's Avatar

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    Default Re: IDR FINANCE II v Acorn2012

    Okay. Putting the weirdness aside, their application has been granted to lift the stay, you now need to file your directions questionnaire by the 23rd.

    Back on weirdness - was that letter enclosed with this letter ? It seems like a pro-forma - presumably the £ amount was still blank and it was unsigned ?




    They have sent you the documents as per


    We haven't seen them on here though but you think they look okay. Would you be able to post the original agreement copy ( or email me it ) at least to check out. If you want to proceed with defence you will need to amend the defence. You did ask for costs of amendment in your defence so that should be covered. So really that would be done with the directions questionnaire and you need to ask the claimant's consent to amend first.

    But we don't know if you still have a defence or if you just want to negotiate settlement at the moment.
    Last edited by Amethyst; 14th August 2017 at 10:04:AM.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  24. #74
    Acorn2012's Avatar

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    Default Re: IDR FINANCE II v Acorn2012

    Ah ok that makes sense! No I didn't receive that weird letter with this one asking me to retract my defence...perhaps they forgot to enclose it, the first I saw of it was with the new application docs so I immediately thought the worst, I am not too worried about that now then thank you for clearing that up for me!
    I need to start rebuilding my credit file so ideally I would like to agree a settlement with them and have this set aside - is it too late? I presumably still need to file my directions questionnaire asap.

  25. #75
    Acorn2012's Avatar

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    Default Re: IDR FINANCE II v Acorn2012

    I think they did send me all docs requested but I will have to check (I am currently trying to also entertain my 2&3 year olds lol!
    I will take some copies of the docs and email them over to a bit later if that's ok
    thank you Amethyst!

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