IDR Finance v Sparx - Urgent help with defence needed

[Sparx]

Hello,

I am hoping someone can help me. I have received a claim form from IDR Finance and I need to file a defence.

Received a claim? Yes
Issue Date: 05/02/2015
Amount approx: £12300
Claimant: IDR Finance UK II LIMITED
Solicitor: Link Financial
Original Credit: Barclaycard plc
Statute Barred: No
Have sent? Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Particulars of Claim
The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced XXXXXXXX and opened effective from 02/07/2003. 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 27/02/2014 a default was recorded. As at 18/02/2014 the Defendant owed Barclaycard plc the sum of 1097510. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/02/2014 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. And the Claimant claims- 1. 1110510 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from 18/02/2014 to 04/02/2015 of 80806 And thereafter a daily rate of 232 to date of judgment or sooner payment. Date 04/02/2015

signed: IDR Finance UK II Limited

Note: The numbers in the Particulars of Claim are the numbers they wrote.

I have been talking to IDR's solicitors and they agreed an extension for the filing of a defence however I need to file something on the 7th of April.

I sent IDR a CCA request in February followed by a CPR 31.14. They responded to the CCA request saying that they were going back to Barclaycard for the documents and that they needed 30 days and they didn't respond to the CPR 31.14.

However after both the 30 days they requested for the CCA and the 7 days for the CPR 31.14 had expired I raised these requests with their solicitors who told me that they had put responding to these requests on hold while we were talking and that their normal procedure would be to fulfil the requests and then ask for a default judgement on the back of that. They also said that while the CCA request was outstanding they could not file for a default judgement.

We are still talking but I think that I need to file something just in case they decide to go for a default judgement.

Thanks in advance.

[Sparx]

Re: IDR Finance v Sparx - Urgent help with defence needed

A little additional information.

I ceased payments to Barclaycard because of loss of income, injury and illness.

I communicated this to Barclaycard and they said that they would put the account on hold and give me time to sort my finances out and come back to them. However, now it seems that they were actively trying to sell the account on. I have a letter from Barclaycard agreeing that I have until the 6th of March 2014 to contact them so that we can review my situation and agree a way forward. Unfortunately it looks like they sold the account to IDR Finance before that date.

With the CCA request that I sent, I asked for a true copy of the original signed credit agreement an up to date statement showing all of the transactions on the account including interest and charges.

With the CPR 31.14 request I asked for a copy of:
1. The Agreement
2. The Assignment of the account to the Claimant
3. The Default Notice
4. The Notice of Assignment served to the Defendant.
5. A Statement of Account showing how the amount claimed has been reached.

[nemesis45]

Re: IDR Finance v Sparx - Urgent help with defence needed

Hi,Welcome,

CPR 31.14 can only be used for requesting documents " Mentioned" in the Particulars of Claim.
A CCA request is again specific for requesting the agreement ( be aware that the agreement can now be a "reconstituted" version of the original on which no signatures are needed).

The other docs asked for would be acquired by making a Subject Access Request under the Data Protection Act 1998.
Is this a loan account secured or unsecured?

The requirement for a statement with a CCA is for a " current" signed statement of the account Not an historical one.
The sum owed at 18/02/14 cannot be accurate surely £109K +??

The time scale for the CCA request is 12 + 2 Working Days, and if this is not complied with the debt is unenforceable until the agreement is provided.

nem

[Sparx]

Re: IDR Finance v Sparx - Urgent help with defence needed

Thanks for replying, nemesis45. Please see below.

Hi,Welcome,

CPR 31.14 can only be used for requesting documents " Mentioned" in the Particulars of Claim.
A CCA request is again specific for requesting the agreement ( be aware that the agreement can now be a "reconstituted" version of the original on which no signatures are needed).

The other docs asked for would be acquired by making a Subject Access Request under the Data Protection Act 1998.
Is this a loan account secured or unsecured?

The requirement for a statement with a CCA is for a " current" signed statement of the account Not an historical one.
The sum owed at 18/02/14 cannot be accurate surely £109K +??

The time scale for the CCA request is 12 + 2 Working Days, and if this is not complied with the debt is unenforceable until the agreement is provided.

nem

Since they state that the agreement was from 2003 would they also be able to reply on a reconstituted agreement in court? I thought that they would need the original signed agreement.

This is a credit card account - unsecured.

Is there a way to get the historical record of the account?

They made some mistakes on the Particulars of Claim. They claim that £1,097,510 was owing on 18/02/2014. They probably should have written £10,975.10.

They asked for more time to get the agreement from Barclaycard and after that time had elapsed they had sent nothing so I asked them about it. They said that if they fulfilled the CCA request then they would ask for a default judgement on the back of that and that they were holding off fulfilling the request while we were in discussions.

[jon1965]

Re: IDR Finance v Sparx - Urgent help with defence needed

If they provide a recon you are able to challenge that if you can assert that you did not sign any such document. Until fairly recently that was usually enough but there was a case where the defendant claimed they did not sign the original and still lost, that however was interesting as the defendant was somewhat unreliable . The case was Arrow Global v Frost.

Asd for the technicalities of the claim I am guessing they can correct those at any time but am not sure. I would suggest that you do not talk to the claimants but communicate in writing, on the phone they can say anything.

ATM your defence is non compliance with a S78, how can you defend without seeing what they have?

[Sparx]

Re: IDR Finance v Sparx - Urgent help with defence needed

If they provide a recon you are able to challenge that if you can assert that you did not sign any such document. Until fairly recently that was usually enough but there was a case where the defendant claimed they did not sign the original and still lost, that however was interesting as the defendant was somewhat unreliable . The case was Arrow Global v Frost.

Asd for the technicalities of the claim I am guessing they can correct those at any time but am not sure. I would suggest that you do not talk to the claimants but communicate in writing, on the phone they can say anything.

ATM your defence is non compliance with a S78, how can you defend without seeing what they have?

Thanks jon1965.

Are there any samples of this defence?

[nemesis45]

Re: IDR Finance v Sparx - Urgent help with defence needed

Ok IDR have not supplied the agreement correct?
If so the debt is unenforceable until they comply.#
Check with the court tomorrow the claim may be " stayed ".
As said in previous post.
To get all the " personal " data on you and the account a Subject Access Request under the Data Protection Act 1998, there is a £10 statutory fee for this, a template is available I the forum library. Barclaycard has 40 days to comply.

nem

[Sparx]

Re: IDR Finance v Sparx - Urgent help with defence needed

Thanks nemesis. I will check with the court.

[Sparx]

Re: IDR Finance v Sparx - Urgent help with defence needed

Hello again.

A few things have happened in the last few months.

I submitted a defence and the case was stayed in May.

I received notice that the solicitors were changing to Kearns in September and in October I received a CCA followed by a letter asking me to settle.

However the printed parts of the CCA were not fully legible and the terms and conditions were quite possibly incomplete (but I couldn't read them well to be sure). In addition it was sent to Link in April but they delayed sending it on for five months.

I asked on another forum whether I should make any reply or addition to my defence to prevent this from being used as a reason to lift the stay but I was told not to do anything.

Now I have spoken to MCOL and they say that Kearns are seeking to lift the stay. I haven't had any notification of this and so I haven't had an opportunity to see their reasons for requesting the lifting of the stay and I haven't had the opportunity to oppose it.

Does the Northampton CCBC not follow the rules of CPR 23, in particular 23.7 relating to the "Service of a copy of an application notice"?

Is there a way to prevent the lifting of the stay because they haven't complied with the S78 request?

[Amethyst]

Re: IDR Finance v Sparx - Urgent help with defence needed

You could write to or telephone Kearns stating that you have been led to believe they have made an application to the court but you haven't been served a copy of their application and could they send it over please. They could be applying to lift the stay and asking for summary judgment in which case you should have opportunity to defend the application ( or at least the summary judgment part).

[enaid]

Re: IDR Finance v Sparx - Urgent help with defence needed

Bump

[Sparx]

Re: IDR Finance v Sparx - Urgent help with defence needed

Thanks guys. They tell me that they are looking to lift the stay and have directions questionnaires issued.