IDR FINANCE II v Acorn2012

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

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

Hi Di
Just checked my credit file and yes the default was dated 27/06/2013
And no PPI as far as I am aware

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Yes a CCJ would cause me a big problem next year as I need to try remortgage!

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Great thank you 😊

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Hi Nem & Di
So I've had replies from both, IDR have advised it could take up to 30days for me to receive a copy of the agreement....so I was hoping you can point me in the right direction as to my next steps....do I need to file for an application for extension?
Thank you

[nemesis45]

Re: IDR FINANCE II v Acorn2012

Hi Nem & Di
So I've had replies from both, IDR have advised it could take up to 30days for me to receive a copy of the agreement....so I was hoping you can point me in the right direction as to my next steps....do I need to file for an application for extension?
Thank you

Have they said the matter is on hold? If so it does not mean the court processes are stopped or delayed so anything you receive from the court must be responded to within the timescales allowed.

nem

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Hi Nem
Sorry for the delayed reply we've been struck with the flu virus!
The letter from Kearns Solicitors says
"We confirm that a hold has been placed on the account and no default judgment shall be requested within fourteen days of the date the documents are provided. We do not consider it necessary to file an application seeking time to provide documents, though if you require such please confirm and we shall do so (though an order may be sought for costs for that).

Sorry to sound so nieve but just wanted to check I am following the correct process as I find it all a bit baffling...
my claim issue date was 19th Dec, I have acknowledged and pressed defend in full, do I need to do anything else on the moneyclaim site? As my 30 days is now up?
Thank you 😊

[nemesis45]

Re: IDR FINANCE II v Acorn2012

Hi Nem
Sorry for the delayed reply we've been struck with the flu virus!
The letter from Kearns Solicitors says
"We confirm that a hold has been placed on the account and no default judgment shall be requested within fourteen days of the date the documents are provided. We do not consider it necessary to file an application seeking time to provide documents, though if you require such please confirm and we shall do so (though an order may be sought for costs for that).

Sorry to sound so nieve but just wanted to check I am following the correct process as I find it all a bit baffling...
my claim issue date was 19th Dec, I have acknowledged and pressed defend in full, do I need to do anything else on the moneyclaim site? As my 30 days is now up?
Thank you 

Good morning Acorn I hope you are feeling better!
Whilst they are in default of the CCA request they cannot enforce anyway,

They have said I think that they need 30 days to get the documents?

They are not to be trusted on the no default judgment statement imo. so I would recommend keeping strictly to court timescales regarding your defence, A holding defence maybe needed.

nem

[Diana M]

Re: IDR FINANCE II v Acorn2012

I think it would be best if you could post up Kearns' letter with all your personal details removed. The exact wording matters.

If you sent the LB forum CPR 31.14 template letter it would have told the Claimant that you were willing to agree to an extension of time to file their Defence if they needed it, providing they put it in writing so you could inform the court of your mutual agreement.

It appears from that letter that they do need more time although they have not been specific about how much more time.

The maximum extension which parties can agree is 28 days.

Their letter seems to be making you aware that you can make an application to the court to file your Defence 14 days after they disclose the documents (there's a fee for that). That would be the case if more than the extra 28 days allowed was needed.

I can't advise you on the pros and cons of doing that. However it's been known for me to say that my firm prefers to 'get on with things' to reduce the risk of them creating reconstituted documents.

However if you've sent the LB template offering them more time if they need it, and they've told you that they do need it, then you have to decide if you look unreasonable for then refusing it.

Di

[nemesis45]

Re: IDR FINANCE II v Acorn2012

" We do not consider it necessary to file an application seeking time to provide documents"!

nem

[Diana M]

Re: IDR FINANCE II v Acorn2012

" We do not consider it necessary to file an application seeking time to provide documents"!

It doesn't matter what "they" (Claimant) considers is necessary, it's what the Defendant considers is necessary.

And it's what's allowed under Civil Procedure Rules which Is necessary. This would make it necessary for the Defendant to make an application to the court if more than a further 28 days is needed.

It's the Defendant who would need to make the application not the Claimant so it's irrelevant whether they think it's necessary or not.

What they've said (albeit I haven't seen the letter) is they need more time.

Di

[nemesis45]

Re: IDR FINANCE II v Acorn2012

It doesn't matter what "they" (Claimant) considers is necessary, it's what the Defendant considers is necessary.

And it's what's allowed under Civil Procedure Rules which Is necessary. This would make it necessary for the Defendant to make an application to the court if more than a further 28 days is needed.

It's the Defendant who would need to make the application not the Claimant so it's irrelevant whether they think it's necessary or not.

What they've said (albeit I haven't seen the letter) is they need more time.

Di

I suppose we can only expect the obvious to be stated.

nem

[Diana M]

Re: IDR FINANCE II v Acorn2012

my claim issue date was 19th Dec, I have acknowledged and pressed defend in full, do I need to do anything else on the moneyclaim site? As my 30 days is now up? 

If your claim Issue Date was 19th December wouldn't that make your Defence deadline 21st January (today). If a Defence deadline falls on a weekend then it can be filed by 4 pm the following working day.

It's 33 days from the claim Issue Date not 30 days.

Di

[Diana M]

Re: IDR FINANCE II v Acorn2012

I suppose we can only expect the obvious to be stated.

nem

What do you mean?

Di

[Diana M]

Re: IDR FINANCE II v Acorn2012

They have said I think that they need 30 days to get the documents?

Where does it say the solicitors say they need 30 days to disclose the documents?

Di

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Hi Di
Thank you, I am a bit baffled about application extensions and if this would be beneficial to me? Please could you kindly explain to me in laminat terms my next step....should I be filing my defence online today? Thank you so much

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

The claimant has advised it may take up to 30days for the copy of the agreement etc.
FYI I used the LB Templates

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

It doesn't say the solicitors need 30days, it is the Claimant IDR who have said 30days For the CCA letter. 😊