IDR FINANCE II v Acorn2012

[Acorn2012]

Hello
My first time posting on here, I have been reading lots of lots of threads on here, my brain aches but I think I have the gist, I wanted to check what I am doing is the correct procedure.....
I have filed my acknowledgement yesterday, drafted a CCA letter to send to the claimant and a CPR letter to send to the solicitors - is this correct? I will ensure both are sent recorded 1st class signed for.
Looking forward to your help
Thank you

Received a claim? Yes
Issue Date: 19/12/2016
Amount approx: 5715.75
Claimant: IDR Finance II
Solicitor: Kearns
Original Creditor: Barclaycard
Particulars of Claim: The claimant claims the whole of the outstanding balance due and payable under an agreement referenced...and opened effective from 12/10/2011. 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 27/06/2013 a default was recorded. As at 14/08/2013 the defendant owed barclaycard plc the sum of 474323. By an agreement in writing the benefit of the debt has been legally assigned to the claimant affective 14/08/2013 and made Regular upon the claimant serving a Notice of Assigment upon the defendant shortly thereafter. And the claimant claims - 1. 482123 2. Interest persuant to Section 69 County Court Act (1984) at a rate of 8% per annum from 04/08/2015 to 16/12/2016 of 48452 And thereafter at a daily rate of 100 to date of judgment or sooner payment. Date 16/12/2016
Is the debt Statute Barred? No
List any letters you have sent: CCA & CPR are drafted
Any Other Info:

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Hello
Is anybody kindly around to have a quick look at these before I send the letters today?
Thank you 😊

[EXC]

Re: IDR FINANCE II v Acorn2012

I'll give [MENTION=87380]Diana M[/MENTION] and [MENTION=55034]nemesis45[/MENTION] a shout for you.

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Thank you 😊

[charitynjw]

Re: IDR FINANCE II v Acorn2012

Hi Acorn

You will need a £1 fee for the CCA. A postal order is good.
Write 'For statutory purposes only' on it, & make payable to IDR Finance II.
On CCA letter, make reference to 'enclosed £1 fee' (or similar wording).
Yes, CCA letter to Claimant, CPR to solicitor.
If it were me I'd enclose a copy of the CCA letter (no fee) with the CPR letter 'for information only'.
Bottom of CPR letter write 'Enc - Copy of s78 CCA 1974 request to Idem Finance II'
That way the sols cannot say they aren't aware of a CCA request in play.

[nemesis45]

Re: IDR FINANCE II v Acorn2012

Hello
My first time posting on here, I have been reading lots of lots of threads on here, my brain aches but I think I have the gist, I wanted to check what I am doing is the correct procedure.....
I have filed my acknowledgement yesterday, drafted a CCA letter to send to the claimant and a CPR letter to send to the solicitors - is this correct? I will ensure both are sent recorded 1st class signed for.
Looking forward to your help
Thank you

Received a claim? Yes
Issue Date: 19/12/2016
Amount approx: 5715.75
Claimant: IDR Finance II
Solicitor: Kearns
Original Creditor: Barclaycard
Particulars of Claim: The claimant claims the whole of the outstanding balance due and payable under an agreement referenced...and opened effective from 12/10/2011. 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 27/06/2013 a default was recorded. As at 14/08/2013 the defendant owed barclaycard plc the sum of 474323. By an agreement in writing the benefit of the debt has been legally assigned to the claimant affective 14/08/2013 and made Regular upon the claimant serving a Notice of Assigment upon the defendant shortly thereafter. And the claimant claims - 1. 482123 2. Interest persuant to Section 69 County Court Act (1984) at a rate of 8% per annum from 04/08/2015 to 16/12/2016 of 48452 And thereafter at a daily rate of 100 to date of judgment or sooner payment. Date 16/12/2016
Is the debt Statute Barred? No
List any letters you have sent: CCA & CPR are drafted
Any Other Info:

Good morning,

CPR request to the solicitors (no fee) claimant +£1 statutory fee use a postal order marked " For Statutory Fee Only" both should be sent by signed for post asap. So on track to date!

Did you receive a default notice from Barclaycard?

Was there any dispute that caused you to stop payments?

nem

- - - Updated - - -

Hello
My first time posting on here, I have been reading lots of lots of threads on here, my brain aches but I think I have the gist, I wanted to check what I am doing is the correct procedure.....
I have filed my acknowledgement yesterday, drafted a CCA letter to send to the claimant and a CPR letter to send to the solicitors - is this correct? I will ensure both are sent recorded 1st class signed for.
Looking forward to your help
Thank you

Received a claim? Yes
Issue Date: 19/12/2016
Amount approx: 5715.75
Claimant: IDR Finance II
Solicitor: Kearns
Original Creditor: Barclaycard
Particulars of Claim: The claimant claims the whole of the outstanding balance due and payable under an agreement referenced...and opened effective from 12/10/2011. 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 27/06/2013 a default was recorded. As at 14/08/2013 the defendant owed barclaycard plc the sum of 474323. By an agreement in writing the benefit of the debt has been legally assigned to the claimant affective 14/08/2013 and made Regular upon the claimant serving a Notice of Assigment upon the defendant shortly thereafter. And the claimant claims - 1. 482123 2. Interest persuant to Section 69 County Court Act (1984) at a rate of 8% per annum from 04/08/2015 to 16/12/2016 of 48452 And thereafter at a daily rate of 100 to date of judgment or sooner payment. Date 16/12/2016
Is the debt Statute Barred? No
List any letters you have sent: CCA & CPR are drafted
Any Other Info:

Good morning,

CPR request to the solicitors (no fee) claimant +£1 statutory fee use a postal order marked " For Statutory Fee Only" both should be sent by signed for post asap. So on track to date!

Did you receive a default notice from Barclaycard?

Was there any dispute that caused you to stop payments?

nem

[Diana M]

Re: IDR FINANCE II v Acorn2012

I see the POC refer to an agreement "signed by the Defendant" so you should ask for a copy of the "signed agreement" in your CPR 31.14 Request.

Since the POC say the account was opened in 2011 they may not have to struggle too hard to produce the documents - on the assumption they are correct about the year (could it have been earlier than 2011?). Nevertheless that doesn't mean what they produce was necessarily valid in the first place.

Have you been receiving annual statements since the account went into arrears (s.86)?

Also did you have PPI on the account?

When you've sent those two letters you need to send a SAR to Barclays to get the full true history of the account so you can tell fact from fiction when any paperwork is produced by the other side.

Di

[Diana M]

Re: IDR FINANCE II v Acorn2012

Particulars of Claim:

. . . By an agreement in writing the benefit of the debt has been legally assigned to the claimant affective 14/08/2013 and made Regular upon the claimant serving a Notice of Assigment upon the defendant shortly thereafter.:

I also see the POC refer to the Deed of Assignment ("an agreement in writing the benefit . . . has been legally assigned to the Claimant") albeit without mentioning the actual word 'Deed'.

However it's enough reason to ask to see the Deed of Assignment in your CPR 31.14 Request. They will likely refuse but then you may be in a position to issue a Part 18 Request (more about that later).

The Notice of Assignment is different from the Deed.

Di

[nemesis45]

Re: IDR FINANCE II v Acorn2012

[MENTION=96249]Acorn2012[/MENTION]

Please confirm the amount outstanding.

nem

[Diana M]

Re: IDR FINANCE II v Acorn2012

@Acorn2012

Please confirm the amount outstanding.

The OP states the claim is for £5717.25 plus 8% statutory interest accruing daily.

Di

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

I really appreciate your replies! Thank you. I have amended my CPR request...would you mind just reading it over to check I have included all I need to?........

Dear Sir/Madam

Claim Number:

Request for documents mentioned in a statement of case under CPR 31.14

On 23rd December 2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence I require inspection of documents you mention in your statement of case ahead of filing my defence on 16/01/2017

1. Signed Agreement
2. Default Notice
3. Deed of Assignment

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 04/01/2017.

I look forward to hearing from you.

Yours Sincerely

Enclosed copy of s78 CCA 1974 request to IDR FINANCE II

- - - Updated - - -

Originally £474322, now inc interest, court fees etc. 5715.75

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

I have seen the default on my credit file but do not recall ever receiving a default notice, there was no dispute over payments, I just ran into financial difficulties and stopped payments, I made token payments for a while and then went into discussion to try and agree a partial settlement, which I never got around to agreeing. Everything then went very quiet until this court claim arrived. I really need to avoid a CCJ on my file at all costs.
Thank you for your advice 😊

[charitynjw]

Re: IDR FINANCE II v Acorn2012

I really appreciate your replies! Thank you. I have amended my CPR request...would you mind just reading it over to check I have included all I need to?........

Dear Sir/Madam

Claim Number:

Request for documents mentioned in a statement of case under CPR 31.14

On 23rd December 2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence I require inspection of documents you mention in your statement of case ahead of filing my defence on 16/01/2017

1. Signed Agreement
2. Default Notice
3. Deed of Assignment

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 04/01/2017.

I look forward to hearing from you.

Yours Sincerely

Enclosed copy of s78 CCA 1974 request to IDR FINANCE II

- - - Updated - - -

Originally £474322, now inc interest, court fees etc. 5715.75

Also ask for the Notice of Assignment (as well as the Deed).

[Diana M]

Re: IDR FINANCE II v Acorn2012

I have seen the default on my credit file but do not recall ever receiving a default notice

What is the default date on your credit file? The POC say it was 27/06/2013.

Any recollection of PPI on the account?

Di

[Diana M]

Re: IDR FINANCE II v Acorn2012

I really need to avoid a CCJ on my file at all costs.

Would a CCJ affect your employment or are you planning to apply for credit such as a mortgage or remortgage?

Di