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Thread: IDR FINANCE II v Acorn2012

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  1. #76
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    Default Re: IDR FINANCE II v Acorn2012

    On that letter was there a signature or even your typed name.

    It does look almost as if it was drafted for you to sign and return.
    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

  2. #77
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    Default Re: IDR FINANCE II v Acorn2012

    Quote Originally Posted by Acorn2012 View Post
    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!
    Course I'm trying to entertain an 18, 16 and 15 year old... it's pretty easy, just supply with toast and don't complain about music... lol
    “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

  3. #78
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    Default Re: IDR FINANCE II v Acorn2012

    Haha supply with toast! Love it! in my case #snacksalldaylong! My kind of parenting!

    I have just jemailed you a copy of the original claim form showing particulars of the claim, they note on their letter (also attached) they do not believe default notice or deed of assignment were particulars of the claim, not sure what the default Notice is meant to look like but I'm pretty sure what I received wasn't one? (Also attached)
    thank you

  4. #79
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    Default Re: IDR FINANCE II v Acorn2012

    POC ( sorry for delay ) Those figures in the POC are a tad scary with the decimal point missing !

    Letter re documents


    Default notice ( from Mercers for Barclays ) Dated 4th Jan, pay by 21st Jan, amount just arrears, stat text included.
    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

  5. #80
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    Default Re: IDR FINANCE II v Acorn2012

    Wow I didn't notice the decimal point! Think I'd have to declare myself bankrupt if it was that amount.

    With regards to a settlement do you think I stand a chance of agreeing a redused settlement with them now? Im scared that I am going to end up with a ccj which will screw me up for another 6 years!

  6. #81
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    Default Re: IDR FINANCE II v Acorn2012

    Hi Acorn
    It is a tad difficult to assess everything because it doesn't look as if @Amethyst has posted everything you sent to her, for example the DN- forgive me if it is there.
    Can you answer my question from post 76 above as it may give an idea as to how that letter came into existence and if they could easily plead human error

    I don't suppose you have the original DN do you ?

    Have you sent a SAR to barclaycard - that will give you more evidence as to when the DN actually happened and when the assignment really took place
    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

  7. #82
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    Default Re: IDR FINANCE II v Acorn2012

    It is also confusing in that do you have a ccj or not , I am sure you are confused
    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

  8. #83
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    Default Re: IDR FINANCE II v Acorn2012

    Hi Warwick
    No I definitely didn't sign that letter, although I am not too concerned about that now as Amethyst pointed out, it looks like a pro forma that the claimant was meant to send to me when they asked me to retract my original defence. Asking me to sign, fill in the amount and send back - which obviously I haven't done.

    With regards to the original default notice I honestly couldn't say if I have the original, I will have to go back through lots of old paperwork but I can do that tomorrow.

    I did a CCA & CPR request but I do not believe I have sent an SAR request directly to barclaycard, is this something I should of done?

  9. #84
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    Default Re: IDR FINANCE II v Acorn2012

    The SAR, well if I had been around and the circumstances as they are now when you first posted then I would have recommended it.
    It would help you show if the documents and dates the claimants report are in fact true.

    With regard to all the documents you have been sent, are you happy they are accurate and compliant.
    Has anyone checked them over?
    @Diana M may be more au fait with your details as she was around from the start
    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. #85
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    Default Re: IDR FINANCE II v Acorn2012

    Quote Originally Posted by Amethyst View Post
    Default notice ( from Mercers for Barclays ) Dated 4th Jan, pay by 21st Jan, amount just arrears, stat text included.
    If the DN was issued/served by Mercers then that is definitely something to take into consideration.

    Not the remedy date nor the amount requested but whether Mercers had the right to issue/serve a DN on behalf of the creditor (Barclays) at the time.

    There's also 'anecdotal evidence' that Mercers didn't always include the OFT leaflet. Is the DN a recon? Have they produced an OFT leaflet or a recon of it?

    Oh, and IDR Finance II are unlicensed too.

    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

  11. #86
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    Default Re: IDR FINANCE II v Acorn2012

    Thanks Di
    Having looked through all my paperwork today I have not come across an original copy of the dn, only a photocopy from the solicitors - emailed to Amethyst
    And no oft leaflet as far as I can see

  12. #87
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    Default Re: IDR FINANCE II v Acorn2012


  13. #88
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    Default Re: IDR FINANCE II v Acorn2012

    I'll post up the DN xx

    As I said
    Default notice ( from Mercers for Barclays ) Dated 4th Jan, pay by 21st Jan, amount just arrears, stat text included.
    No theres no copy of the OFT leaflet but it is referred to as included.

    Two mins.
    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

  14. #89
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    Default Re: IDR FINANCE II v Acorn2012

    Quote Originally Posted by Amethyst View Post
    I'll post up the DN xx
    As I said
    No theres no copy of the OFT leaflet but it is referred to as included.
    That's clearly a recon (top left bar code).

    Possibly because Mercers Debt Collections Ltd wasn't trading in 2013 - it was a dormant company

    They eventually went into liquidation in 2016.

    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

  15. #90
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    Default Re: IDR FINANCE II v Acorn2012

    Ahh the good old days when banks used another desk to pretend to be a big scary debt collector. Didn't Lloyds get a slapped wrist for that for SCM ?

    Pretty sure there was quite a long thread on here about Mercer's DNs a while ago.
    “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

  16. #91
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    Default Re: IDR FINANCE II v Acorn2012

    My point was that if they weren't trading how could they issue a statutory notice?

    There's more ways to defeat a claim than having a non-compliant credit agreement.


    Quote Originally Posted by Diana M View Post
    If the DN was issued/served by Mercers then that is definitely something to take into consideration.

    Not the remedy date nor the amount requested but whether Mercers had the right to issue/serve a DN on behalf of the creditor (Barclays) at the time.
    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

  17. #92
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    Default Re: IDR FINANCE II v Acorn2012

    Yes I got what you were saying. It does actually state in the letter that they are a separate company to Barclays so they can't use the 'we're a department of' argument- and in any case, wouldn't the DN have to have actually come from Barclays, not their Debt Collection Company, to be valid, regardless of whether Mercers were Dormant or Trading.
    “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

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