Court Claim - IDR Finance UK II Limited / Barclaycard - 10-10-2014

[blackvelvet]

Received a claim? Yes
Issue Date: 10-10-2014
Amount approx: £13000
Claimant: IDR Finance UK II Limited
Solicitor: No solicitor - direct from IDR
Original Credit: Barclaycard

Particulars of Claim:
The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxx and opened effective from (date). 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 (date) a default was recorded. As at (date) the Defendant owed xxxx the sum of £xxxx. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective (date) and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. And the Claimant claims: 1. £xxx 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per Annum from (date) to (date) of £xxx And thereafter at a daily rate of xxx to date of judgment or sooner payment. (date)

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:

[blackvelvet]

Re: Court Claim - IDR Finance UK II Limited / Barclaycard - 10-10-2014

Thanks in advance for your assistance - I am not quite sure what I put for my defence - do you have some kind of template that I can adapt? THANKS

[FlamingParrot]

Re: Court Claim - IDR Finance UK II Limited / Barclaycard - 10-10-2014

Received a claim? Yes
Issue Date: 10-10-2014
Amount approx: £13000
Claimant: IDR Finance UK II Limited
Solicitor: No solicitor - direct from IDR
Original Credit: Barclaycard

Particulars of Claim:
The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxx and opened effective from (date). 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 (date) a default was recorded. As at (date) the Defendant owed xxxx the sum of £xxxx. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective (date) and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. And the Claimant claims: 1. £xxx 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per Annum from (date) to (date) of £xxx And thereafter at a daily rate of xxx to date of judgment or sooner payment. (date)

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Thanks in advance for your assistance - I am not quite sure what I put for my defence - do you have some kind of template that I can adapt? THANKS.

A defence cannot be based on a template, it has to be tailored to your case and he reasons you may have to dispute this account. You haven't told us anything about this account such as when you took out the card, what sort of documents you signed, whether there was any mis-sold PPI, etc.

You say you sent a CCA request, did you get a reply? If not, that can be used in your defence. What about your CPR request? If they didn't reply in 7 days you should ask for an extension and failing that, submit an application for an unless order. This is a £13k claim so they can't say Part 31 of the CPR doesn't apply because this will be allocated to fast track.

If the claim was dated the 10th of October, the 33 days will be up on Wednesday the 12th :scared: :clock: :clock:

If you haven't received a response to your CPR request you need to get on the phone to them first thing tomorrow and ask the to agree to an extension of 28 days which is the maximum allowed under CPR31.15. :cell: Ask them to send you an email stating their agreement so you can forward it to the court. :typing:

What reasons have you got to dispute this claim? Bear in mind that if you were to lose, costs could be awarded against you, unlike small claims where costs are not normally awarded, so you need a solid defence and time's not on your side. :sad:

[blackvelvet]

Re: Court Claim - IDR Finance UK II Limited / Barclaycard - 10-10-2014

Hi - thanks for your reply - card taken 2008 - not sure of documentation - no PPI - have had no reply to either CPR or CCA letters. Defence being I have no contract/agreement with IDR & therefore would not owe them any payments.

[Amethyst]

Re: Court Claim - IDR Finance UK II Limited / Barclaycard - 10-10-2014

If the claim is £13k then you will be in fast track and therefore may be subject to additional costs as you go through the process.

As you are in fast track they don't really have any excuse for non compliance with the CPR letter so you could apply for an unless order to make the court order them to supply you with the documents, need to double check you asked for documents that WERE mentioned in their statement of case first though. Agreement and Notice of Assignment are mentioned - default notice isn;t really mentioned, but they do mention you defaulted, so could probably get that under CPR 31.14. Main bit is the agreement though.

That route might be best, though it will cost you an application fee of £155 and have a hearing to make the order. Info on the Unless Order is http://www.legalbeagles.info/forums/...order-at-court . You might get fee remission if you are on low income or benefits (look up the EX160 form on HMCS website ). If they are ordered to supply documents and don't then they could have the claim struck out. If they do supply them you can then put in a defence based on what they show. ( of course always the possibility they will supply documents and you will end up needing to negotiate or enter and admission and offer to pay at that point)

Also, there's a starting point for defence http://www.legalbeagles.info/forums/...t-Court-Claims to give you an idea of what to include. You will need to personalise, make it in your own words and then post a draft up and we'll help you a bit.

You should have had a notice of assignment from Barclaycard which hands over the rights of the agreement to IDR, if you haven't had and have asked for on in your letters then yes you can use that you have no contract with IDR ( but they usually disprove that quite easily)

Main defence is lack of complaince with your CCA request, however with a 2008 card it is likely to show up and will be compliant, so it'd be winging it a little to see if IDR have the agreement.

Hope that helps a little bit, few bits to read there, and have a read of some other cases in this forum - UK Bear's case for example.

[blackvelvet]

Re: Court Claim - IDR Finance UK II Limited / Barclaycard - 10-10-2014

Hi - thanks for that - could you please send me a link for UK Bear's case, as I can't locate it. THANKS!

[Amethyst]

Re: Court Claim - IDR Finance UK II Limited / Barclaycard - 10-10-2014

Oh poo, that was a bad one to pick as it is in a private VIP area of the forum, sorry... just thought of that one as it had gone through an unless order previously (& is still rumbling along)

I'll have a look in a little bit for a couple others which are in public forums. (Just about to do school run)

My apologies.

[blackvelvet]

Re: Court Claim - IDR Finance UK II Limited / Barclaycard - 10-10-2014

Thanks - I'll look later then

[Amethyst]

Re: Court Claim - IDR Finance UK II Limited / Barclaycard - 10-10-2014

http://www.legalbeagles.info/forums/...tal-MBNA/page6

http://www.legalbeagles.info/forums/...ghlight=BigSis

http://www.legalbeagles.info/forums/...Acc-struck-out

There's a couple for you xx