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  1. Hello kearns acknowledge my CPR 31-14 request and they say ( letter to follow ) that they need 28 days to acquire the documents they rely on . In the meantime they promise in writing that they will not attempt a judgement by default and will allow 14 days after comply with the CPR Request for a defence to be issued. Are they to be trusted or should I draft a defence in the absence of these documents ? Finally is now a good time or is it detrimental to make a low offer for full and final settlement on a without prejudice basis . Thanks Andy
  2. I think I have managed to do it in Adobe . you can see for starters the date signed differs from the Particulars of claim . Fortunately we have the original statements for both accounts , I can categorically show it belongs to a different card. Thanks Andy old CCa return.pdf
  3. I got the impression that they have not used decimal points in the Particulars and its £1.62 a day on that basis. The claim amount and interest amount to £100 more than the AMOUNT CLAIMED in the totals box of £ 9751.72 .
  4. Name of the Claimant ? IDR FINANCE UK LTD represented by KEARNS SOLICITORS Date of issue – 27-03-2107 Date of ack [AOS] 14-04-2017 Date for filing defence = 28-04-2017 What is the claim for – 1.The claimant claims the whole of the outstanding balance due payable under an agreement xxxxxxxxx and opened and effective from 10/11/2000. 2.The agreement is regulated by the Consumer Credit Act 1974 , was signed by the defendant and from which credit was extended to the defendant . 3.The defendant failed to make payment as required and by 29/11/2015 a default was recorded. As at 21/11/2011 the defendant owed Barclaycard PLC the sum of 766577. 4.By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective 21/11/2011 and made regular upon the claimant serving a Notice of Assignment upon the defendant shortly thereafter . 5. And the claimant claims 1. 774477 2. Interest pursuant to Section 69 County Court Act ( 1984) at a rate of 8% per annum from 06/08/2013 to 24/03/2017 of 210695 and thereafter at a daily rate of 162 to the date of judgement or sooner DATE 24/03./2017 .What is the value of the claim? £10261.72 Is the claim for a CREDIT CARD When did you enter into the original agreement before or after 2007? BEFORE 2000 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. ASSIGEND TO IDR FROM BARCLAYCARD Were you aware the account had been assigned – did you receive a Notice of Assignment? YES Did you receive a Default Notice from the original creditor? YES FROM MERCERS IN 2011 SEE PDF UPLOAD PREVIOUS post Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? BECAUSE THE CCA I REQUESTED FROM THE CREDITOR DID NOT TIE UP WITH THE CARD IN DEFAULT ( WRONG CCA PROVIDED BY CREDITOR ) What was the date of your last payment? 26-07-2013 Was there a dispute with the original creditor that remains unresolved? NO Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? YES AGREED £1PCM WITH NO INTEREST WHICH THEY ADHERED TO THE SUMMONS NOW CLAIMS INTEREST FOR THE ENTIRE PERIOD
  5. Hello I have done nothing since their warning . Today we have received a Summons for £10261.72 the outstanding debt on the NBA letter was £7644.77 The Particulars of claim state the date of opening as 10-11-2000 and that the agreement was signed by the defendant . They also say that a default was recorded as of 29/11/2015 When I wrote and asked for a copy of the CCA they replied with one signed 04-09-2000 . Also within the SAR was a letter from Mercers dated 7th June 2011 Default Notice served under Section 87 of the CCA 1974 I have around 12 days to respond What is my best course of action please as I have yet to see sight of the CCA signed on 10-11-2000 and believed that when they sent me the one dated 04-09-2000 which does not correspond to the account I am summonsed for . Many Thanks Andy
  6. Yes as if it is a default for the first time . Entered 2015 expired 2021. I have never seen the mercers default appear on any credit file . Andy
  7. What was the relevance of the default date from Mercers ? Was it that had it been January 11 it would not appear on a credit file or something else ? Thanks Andy
  8. June 2011 from Mercers who acted on behalf of Barclaycard sent the default letter and it's included in the SAR Andy .
  9. Looking through the SAR I could not find any codes , however there was a letter dated June 2011 from Mercets . It's a default notice . Regarding the CCA I got one back from Barclays but it's got the wrong card . The 2011 default notice dies not show on any credit files however . Andy
  10. I will look at the SAR will it be easy enough to spot as I find them difficult to understand . Thanks Andy
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