IDR FINANCE II v Acorn2012

[warwick65]

Re: IDR FINANCE II v Acorn2012

On that letter was there a signature or even your typed name.

It does look almost as if it was drafted for you to sign and return.

[Amethyst]

Re: IDR FINANCE II v Acorn2012

I think they did send me all docs requested but I will have to check (I am currently trying to also entertain my 2&3 year olds lol!
I will take some copies of the docs and email them over to a bit later if that's ok
thank you Amethyst!

Course I'm trying to entertain an 18, 16 and 15 year old... it's pretty easy, just supply with toast and don't complain about music... lol

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Haha supply with toast! Love it! in my case #snacksalldaylong! My kind of parenting!

I have just jemailed you a copy of the original claim form showing particulars of the claim, they note on their letter (also attached) they do not believe default notice or deed of assignment were particulars of the claim, not sure what the default Notice is meant to look like but I'm pretty sure what I received wasn't one? (Also attached)
thank you

[Amethyst]

Re: IDR FINANCE II v Acorn2012

POC ( sorry for delay ) Those figures in the POC are a tad scary with the decimal point missing !

Letter re documents


Default notice ( from Mercers for Barclays ) Dated 4th Jan, pay by 21st Jan, amount just arrears, stat text included.

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Wow I didn't notice the decimal point! Think I'd have to declare myself bankrupt if it was that amount.

With regards to a settlement do you think I stand a chance of agreeing a redused settlement with them now? Im scared that I am going to end up with a ccj which will screw me up for another 6 years!

[warwick65]

Re: IDR FINANCE II v Acorn2012

Hi Acorn
It is a tad difficult to assess everything because it doesn't look as if [MENTION=6]Amethyst[/MENTION] has posted everything you sent to her, for example the DN- forgive me if it is there.
Can you answer my question from post 76 above as it may give an idea as to how that letter came into existence and if they could easily plead human error

I don't suppose you have the original DN do you ?

Have you sent a SAR to barclaycard - that will give you more evidence as to when the DN actually happened and when the assignment really took place

[warwick65]

Re: IDR FINANCE II v Acorn2012

It is also confusing in that do you have a ccj or not , I am sure you are confused

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Hi Warwick
No I definitely didn't sign that letter, although I am not too concerned about that now as Amethyst pointed out, it looks like a pro forma that the claimant was meant to send to me when they asked me to retract my original defence. Asking me to sign, fill in the amount and send back - which obviously I haven't done.

With regards to the original default notice I honestly couldn't say if I have the original, I will have to go back through lots of old paperwork but I can do that tomorrow.

I did a CCA & CPR request but I do not believe I have sent an SAR request directly to barclaycard, is this something I should of done?

[warwick65]

Re: IDR FINANCE II v Acorn2012

The SAR, well if I had been around and the circumstances as they are now when you first posted then I would have recommended it.
It would help you show if the documents and dates the claimants report are in fact true.

With regard to all the documents you have been sent, are you happy they are accurate and compliant.
Has anyone checked them over?
[MENTION=87380]Diana M[/MENTION] may be more au fait with your details as she was around from the start

[Diana M]

Re: IDR FINANCE II v Acorn2012

Default notice ( from Mercers for Barclays ) Dated 4th Jan, pay by 21st Jan, amount just arrears, stat text included.

If the DN was issued/served by Mercers then that is definitely something to take into consideration.

Not the remedy date nor the amount requested but whether Mercers had the right to issue/serve a DN on behalf of the creditor (Barclays) at the time.

There's also 'anecdotal evidence' that Mercers didn't always include the OFT leaflet. Is the DN a recon? Have they produced an OFT leaflet or a recon of it?

Oh, and IDR Finance II are unlicensed too.

Di

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Thanks Di
Having looked through all my paperwork today I have not come across an original copy of the dn, only a photocopy from the solicitors - emailed to Amethyst
And no oft leaflet as far as I can see

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

[Amethyst]

Re: IDR FINANCE II v Acorn2012

I'll post up the DN xx

As I said

Default notice ( from Mercers for Barclays ) Dated 4th Jan, pay by 21st Jan, amount just arrears, stat text included.

No theres no copy of the OFT leaflet but it is referred to as included.

Two mins.

[Diana M]

Re: IDR FINANCE II v Acorn2012

I'll post up the DN xx
As I said
No theres no copy of the OFT leaflet but it is referred to as included.

That's clearly a recon (top left bar code).

Possibly because Mercers Debt Collections Ltd wasn't trading in 2013 - it was a dormant company

They eventually went into liquidation in 2016.

Di

[Amethyst]

Re: IDR FINANCE II v Acorn2012

Ahh the good old days when banks used another desk to pretend to be a big scary debt collector. Didn't Lloyds get a slapped wrist for that for SCM ?

Pretty sure there was quite a long thread on here about Mercer's DNs a while ago.