IDR FINANCE II v Acorn2012

[Diana M]

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. 

On 18th January you posted on this thread that you had received a letter from IDR saying that they needed up to 30 days to comply with your CCA Request.

You've now received a letter from their instructed solicitors implying (post/type up that letter in its entirety) that they (solicitors) need more time presumably for that reason.

It's up to you to decide if you want to give them a 28 day extension since you have offered them an extension, and an extra 28 days would go beyond the time their client has predicted it will take to comply with your CCA Request.

The 18th January plus 30 days would be 17th February- although possibly sooner since they must have sent that letter before the 18th January if you posted it on your thread as received by then.

If your Defence filing date is 23rd January and you add a 28 day extension, that would expire on 20th February i.e. after the date they've predicted they would disclose the documents.

It's up to you to decide what you want to do next and why,.

Di

PS You need to check my dates as I've been counting on my fingers this morning

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

KEARNS SOLICITORS LETTER
DATED: 10th January 2017
We write further to your correspondence dated the 04/01/2017, received 06/01/2017.
In order to provide the documents requested we require time to acquire, compile papers and forward them to you.
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 if 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)

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

LINK FINANCIAL LETTER:
DATED 12th January 2017
You have recently made a request under section 77/78 for copies of various documents.
As you are aware IDR FINANCE UK ll Limited purchased your debt from Barclaycard plc on 14 August 2013 and as such we do not always hold this documentation. We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from Barclaycard plc and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide.
Yours Sincerely
LINK Financial Outsourcing

[charitynjw]

Re: IDR FINANCE II v Acorn2012

The court claim issue date, according to your previous posts, was 19th December 2016.
If so, your defence should be filed today, although, in practice, Monday 23rd should be ok. (4pm latest)

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Thank you so much - is anybody able to point me in the right direction to draft a defence? 😊

[charitynjw]

Re: IDR FINANCE II v Acorn2012

Top of this thread in the green box, Acorn.

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Ah thank you! I couldn't see originally as I was on the mobile site 😊 I will draft it asap

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Evening kind people!!
So I have finally managed to draft my defence - not easy with two poorly babies in tow.
Would somebody mind having a glance over - any advice gratefully received. Thank you so much!

1: I received the claim [Claim Number] from the Northampton County Court on 23rd December 2016.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974. It is denied that the defendant has entered into an agreement with Barclaycard for provision of credit.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim and It is denied that the Defendant has entered into an agreement with the Claimant.

5. The Claimants statement of case states that the account was assigned from Barclaycard to IDR Finance UK II Limited on 14/08/2013. The defendant does not recall receiving notice of either assignment.

6. It is denied that Barclaycard served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

7. On the 4th January 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Kearns Solicitors. I requested the Claimant provide copies of the Signed Agreement, Default Notice and Notice of Assignment .

8. Kearns has not sent any of these documents to me.

9. On the 13th July 2016 I sent a formal request for a copy of the original agreement to the Claimant pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

11. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

12. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

13. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

14. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated ................................

[MIKE770]

Re: IDR FINANCE II v Acorn2012

[MENTION=1937]nemisis[/MENTION]45 @ Diana M

- - - Updated - - -
[MENTION=1937]nemisis[/MENTION]45 [MENTION=87380]Diana M[/MENTION]

[nemesis45]

Re: IDR FINANCE II v Acorn2012

Evening kind people!!
So I have finally managed to draft my defence - not easy with two poorly babies in tow.
Would somebody mind having a glance over - any advice gratefully received. Thank you so much!

1: I received the claim [Claim Number] from the Northampton County Court on 23rd December 2016.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974. It is denied that the defendant has entered into an agreement with Barclaycard for provision of credit.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim and It is denied that the Defendant has entered into an agreement with the Claimant.

5. The Claimants statement of case states that the account was assigned from Barclaycard to IDR Finance UK II Limited on 14/08/2013. The defendant does not recall receiving notice of either assignment.

6. It is denied that Barclaycard served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

7. On the 4th January 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Kearns Solicitors. I requested the Claimant provide copies of the Signed Agreement, Default Notice and Notice of Assignment .

8. Kearns has not sent any of these documents to me.

9. On the 13th July 2016 I sent a formal request for a copy of the original agreement to the Claimant pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

11. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

12. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

13. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

14. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated ................................

Good morning Acorn,

How are the babies?

Para 3. Did you have an account, it would be wiser to say " the defendant does not recall entering in to an agreement with the original creditor for the provision of credit.

Para 4. I would leave that one out, the claimant inherited the right to pursue the debt when it acquired it.

nem

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Hi Nem
The babies are finally starting to feel better thank you for asking it's so awful when you all have flu together!

Great I'll make those amendments and file it this afternoon.
Thanks so much, fingers crossed 😬

[nemesis45]

Re: IDR FINANCE II v Acorn2012

Hi Nem
The babies are finally starting to feel better thank you for asking it's so awful when you all have flu together!

Great I'll make those amendments and file it this afternoon.
Thanks so much, fingers crossed 😬

Good to hear the babes are getting better!!

Please keep us posted on any developments.

Good Luck!

nem

[charitynjw]

Re: IDR FINANCE II v Acorn2012

Para #3

Are you denying having entered into an agreement with B/c?

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Hi Di & Nem
Hope you are well!
So.....following on from my defence which was revived by the court on the 23rd Jan in have not received any further correspondence, no counter defence, no credit agreement etc.
Can you please advise me what happens from here as I was under the presumption they had 30 days to reply?
Many thanks

[Acorn2012]

Re: IDR FINANCE II v Acorn2012


Hi Di & Nem
Hope you are well!
So.....following on from my defence which was revived by the court on the 23rd Jan in have not received any further correspondence, no counter defence, no credit agreement etc.
Can you please advise me what happens from here as I was under the presumption they had 30 days to reply?
Many thanks