IDR FINANCE II v Acorn2012

[nemesis45]

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

Hi,

The claim has most probably been stayed ( suspended) because the claimant has not responded to your defence, so check with the court to find out.

( the court does not inform you when this happens).

nem

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Hello
Di & Nem
I hope you are both well!
Soooo....I have some further correspondence from the solicitors which I have attached.
I will be in a position soon to agree a reduced/partial settlement so I wanted to know what your thoughts were with regard to their request - is this the correct route I should take?
I look forward to hearing from you
thanks for your time!

[Amethyst]

Re: IDR FINANCE II v Acorn2012

Did you get copies of all the documents listed?

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Yes I did (finally)

[Amethyst]

Re: IDR FINANCE II v Acorn2012

Okay good, and you're happy they are compliant and accurate?

[Amethyst]

Re: IDR FINANCE II v Acorn2012

So if your defence of non compliance with the CCA etc is now kerputt due to provision of complaint documents then yes, before they apply to lift the stay, now would be a good time to make a full and final settlement offer. You would need to do this via an agreed consent order whereby you agree to pay X by X date in full and final settlement and they agree to withdraw/discontinue the claim and write off any remainder debt. They may agree this for ease if your offer is a decent one, though they only paid probably 10% for the debt, they have the upperhand a bit if they can get a judgment against you as security. So you may need to agree a lump sum followed by certain installments. But as always start with a lower 1 off f&f settlement offer. They'd likely want 50% plus the court costs they've paid out.

If you could upload a redacted copy of the agreement though that would be good - does it include all the prescribed terms and contain all the additional t&cs referred to etc?

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Hi Amethyst
Thank you for your reply and sorry for my delay! I would ideally like to agree a settlement offer with them as I am trying to clear up my credit file so think it would be beneficial to me to have satisfied defaults.
They have asked in their letter that I retract my defence....is this necessary?
Do you know of any template letters that could perhaps help with with my response.
Thank you!

[Diana M]

Re: IDR FINANCE II v Acorn2012

They have asked in their letter that I retract my defence....is this necessary?

Think very carefully before you agree to that and make sure you understand the consequences if you do.

Di

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Hi Di
Thank you for your reply - you say that I need to understand what the consequences would be for me if I agreed a settlement with them, would you mind explaining what they may be?
I don't want to sound dumb but would I am a novice so your help and advice is much appreciated
thanks

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Sorry to be a pain did you get a chance to read my previous post - just wanting to. Heck before I draft a settlement offer letter to them
thank you ��

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Hi All!
So to my surprise today I received a Notice of proposed Allocation to the small claims track! Included in the envelope were copies of my credit agreement etc. But WORRYINGLY a forged letter from them! I am horrified they can get away with that. It is "supposedly" a letter from me to Northampton court saying that I wish to admit the claim! I DID NOT WRITE THAT LETTER.
Anyway going forward it looks as if the an application to lift the stay and enter judgment has been granted. So, where do I go from here please? Ultimately I would like to agree a partial settlement and have it set aside, is this still possible at this stage?
I look forward to receiving your advice
many thanks

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Hi!
i wonder if anybody has had a chance to read my last post? I am extremely worried and loosing sleep over this, I wanted to make a settlement offer before it gets to far, but now I'm worried I have missed the boat! The thought of going to court absolutely terrifies me! I am trying to clean up my credit file as would love to be able to apply for a mortgage 2018/19.
I understnsd I have to send back the forms and will accept the offer of mediation, I think ideally I want to be trying to agree a Tomlin order is that correct? If so can anyone point me in the right direction of how to go about this? Forms/template letters to use?
I look forward to some of your helpful advice
thank you!

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Also I know it's Saturday night and I shouldn't even be on here I haven't even had a glass of wine yet! I obviously don't expect anybody to respond until Monday

[warwick65]

Re: IDR FINANCE II v Acorn2012

Hi Acorn

You really do need to be very careful before you make allegations of forgery or fraud . I have only read a few posts but back in May you said you were going to write to them offering a full and final settlement.

Did you send any letters?

Maybe you could post up a suitably redacted copy of the letter they claim you sent - has it got your signature on it or maybe it is part of the acknowledgement of service

Your posts are a little confusing

You say their application to lift the stay and enter judgment has been granted but at the same time you say you have forms to send bak and accept mediation- that sounds like a Directions Questionnaire to me

It is really hard to decipher exactly what has been sent
[MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION]

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Thanks for your reply Warwick,
i am a total novice so sorry if my posts are a little confusing - that's because I am confused myself this process is all new to me and I feel a bit out of my depth.
I will post up copies of what I have tomorrow along with "the" letter, that I did not write.
Should hopefully clear things up for you.
Also in response, no I hadn't gotten around to offering a settlement-I kind of buried my head in the sand once it was stayed, on top of moving house and lots going on in my personal life it took a back burner (although I'm regretting that now)
I appreciate your time to respond to my plea
I'll update more info tomorrow
Thanks