IDR FINANCE II v Acorn2012

[Diana M]

Re: IDR FINANCE II v Acorn2012

My point was that if they weren't trading how could they issue a statutory notice?

There's more ways to defeat a claim than having a non-compliant credit agreement.

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.

Di

[Amethyst]

Re: IDR FINANCE II v Acorn2012

Yes I got what you were saying. It does actually state in the letter that they are a separate company to Barclays so they can't use the 'we're a department of' argument- and in any case, wouldn't the DN have to have actually come from Barclays, not their Debt Collection Company, to be valid, regardless of whether Mercers were Dormant or Trading.

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Hi All
I need to send off my N180 asap! I am really stressing that I'll end up having to go to court which terrifies me, and as per my previous messages I really need to try and avoid having a ccj on my file. So I presume I will tick that I want mediation? But I'm also thinking I should send them a "without prejudice" settlement over to try and resolve beforehand? Is this the best course of action for me? If so can anyone point me in the right direction of a template I can adapt?
Many thanks

[Amethyst]

Re: IDR FINANCE II v Acorn2012

First get that N180 sent off, yes tick Mediation, then it's an option if you want to use it to discuss settlement. Once you've completed it do a copy of it and send the original to court, and copy to the claimants.

I'll have a look back re the other question re settlement.

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Will do it tonight and post first thing
Thank you x

[Amethyst]

Re: IDR FINANCE II v Acorn2012

The point with the Mercers DN is that a DN should be issued by the creditor ( which is defined in s189 ) - they state they are a separate company (that company was dormant ) and are clear they are acting for barclaycard, they do include the creditors name, address and the contract details, I think they get around it under sch 2 The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. Other than the Mercers issue it looks fine, gives enough time and asks for arrears. .So there is an argument to be made but whether it would actually work as a defence is very uncertain... I certainly wouldn't go into court if it were your only defence.

So agreement and notice of assignment. Any issues with those at all, we haven't seen copies of them I don't think? The NOA should be from Barclaycard to IDR ?

Is the agreement a copy of the original or a recon ? Are all the prescribed terms present ?

There's also the issue of IDR not being authorised by the FCA. Their authorisation was cancelled in June 2015. Again, it's an argument but whether it's something to go on on its own into court is another matter. Apparently cases have been won on the authorisation issue but I haven't seen a judgment and don't know if it was a fatal issue on it's own. It seems more clear cut than say Cabot or Arrow issues as they are part of other companies. I know very little about IDR. [MENTION=87380]Diana M[/MENTION]; [MENTION=7765]Joanna C[/MENTION]; might have better thoughts on that.

So you're either in a position of sorting out a defence amendment or negotiating ( possibly at mediation?) a settlement by installment under a Tomlin order ( claim stays on hold in court and if you break the agreement they can pick the claim back up and go for judgment - but while you make the agreed payments it won't go to judgment or affect credit file/go on register etc )

Just for interest this is an article around what I referred to previously http://www.telegraph.co.uk/finance/p...t-letters.html

A Barclaycard spokesman confirmed Mercers Debt Collections Limited had previously managed some collections work on behalf of Barclaycard. He said all debt collections are now carried out under the Barclaycard name, following a decision taken in April.

The spokesman said of Mercers Debt Collections: "It was made clear to customers that they were a company within the Barclays Group and collecting on our behalf.

"Mercers Debt Collections Limited was set up to manage more serious arrears and is in the process of being wound down. The employees have transferred to handling these accounts under the Barclaycard name instead."

[Diana M]

Re: IDR FINANCE II v Acorn2012

Feel free to pooh-pooh my firm's (successful) legal arguments.

Legal Beagles is entitled to use its own different strategy.

Di

[warwick65]

Re: IDR FINANCE II v Acorn2012

Acorn
It looks to me (although not legally trained) that you may have a strong case although maybe , and I stress maybe, not easy for a LiP to argue. have you looked at maybe getting some legal advice , at least to write your WS and or advise if you do have a good defence. I know many firms give initial advice free

Say you are going to offer 1K , wouldn;t it be nicer to pay a lawyer £750 say and win
That price is just off the top of my head based on some fixed fees I have seen
[MENTION=87380]Diana M[/MENTION] [MENTION=551]pt2537[/MENTION]

https://justbeagle.com/

[Amethyst]

Re: IDR FINANCE II v Acorn2012

Feel free to pooh-pooh my firm's (successful) legal arguments.

Legal Beagles is entitled to use its own different strategy.

Di

Where exactly have I ''pooh pooh'd'' your firms arguments, I've asked for yours or Jo's input as the judgments were from cases you handled, but I haven't seen one and without a judgment I can't possibly tell people to take a defence forward to court using the lack of authorisation, particularly without other back up defences so rightly it deserves caution.

There's also the issue of IDR not being authorised by the FCA. Their authorisation was cancelled in June 2015. Again, it's an argument but whether it's something to go on on its own into court is another matter. Apparently cases have been won on the authorisation issue but I haven't seen a judgment and don't know if it was a fatal issue on it's own. It seems more clear cut than say Cabot or Arrow issues as they are part of other companies. I know very little about IDR. @Diana M; @Joanna C; might have better thoughts on that.

[warwick65]

Re: IDR FINANCE II v Acorn2012

Hi
This whole case seems to be a catalogue of errors and frankly confusion

In the early posts the OP was advised to ask for the signed agreement and the deed of assignment in the CPR31.14 request - no one seems to know if this was asked for and/or received

The OP was also advised to send a SAR to Barclays but seemingly didn't. This could have given some very valuable info

It also appears the OP has received copies of the agreement , terms and conditions and the NOA but these are unavailable to look at . Admittedly the prescribed terms is a bit of a red herring because the agreement is 2011 but the CCA request may be flawed as may be the assignment

I am assuming the OP has been receiving some advice off piste , hopefully some professional legal advice. It is clear that some posts have been removed, considering the contents of one, a very good idea.

[Amethyst]

Re: IDR FINANCE II v Acorn2012

I can't see that any posts have been removed Warwick - unless some have been moved to another thread ? but there's def no deleted or modded posts on this thread - where abouts do you think they've gone from or which posts are you looking at "considering the contents of one"? (if some have been removed it might help me track them down )

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

The only advice I have been given is on here so I have no idea why you would get the impression I have been receiving legal advice elsewhere?
Amethyst I think I emailed you copies of what I had I'm not sure - I'll check shortly.
I am just in the middle of putting my children to bed then sorting out and sending off my n180. I will then go back through these messages and try and dig out and attactch copies of documents in question.
Also I do not recall being asked at the beginning of the thread to send an sar to Barclacard but perhaps I missed that piece of advice?

[Amethyst]

Re: IDR FINANCE II v Acorn2012

Possibly, it's quite a stressful time when you get a claim so it's easy to miss stuff in the plethora of posts and help in the early days. I think from the docs you were sent by Kearns we haven't seen the agreement or assignment notice - I don't have them on my email either xxx And don't worry about it tonight, just get the N180 sorted after getting the kids to bed, and try get a copy of the agreement, recon & the original copy, the terms & assignment up tmw.

Btw, you get help where you can and from who you want - none of our bee's wax - it's your claim, and the more support and advice you have to help you make decisions on dealing with it, the better in my book xxxx

[Acorn2012]

Re: IDR FINANCE II v Acorn2012

Thank you �� xxx

[warwick65]

Re: IDR FINANCE II v Acorn2012

[MENTION=6]Amethyst[/MENTION]
I apologise, I thought the post where Acorn made the accusations of forgery had been removed so smack me hard sorry and grovel again

The only reason I hoped you had been getting legal advice off forum ( which is your right) is that there seem to be many threads that have gone adrift
e.g
Recommendations for CPR
Recommendations for SAR
Questions about the response to the CCA request

The lack of clarity on these makes it almost impossible to offer valid advice or opinions on how your defence should go therefore I was hoping you were getting some professional advice so you were fully informed of your position and options