Advice needed! Court Claim Form - IDR Finance/Barclaycard £13k

[ilovetassimo]

Hello,

I need some advice!

I am helping a friend with their debts and although have done this before for someone else about 5 years ago I am rather rusty and not sure what has changed!

I have been through the site reading threads and have now got some templates but want to make sure I'm on the right track and to get some advice on the POCs as I haven't come across one this long!....

 

Claim form received - date of issue 30th May

Northants CCBC

 

Claimant: IDR Finance ~(London address)

Claimant contact for all paperwork - IDR Finance (Scotland address)

 

POC:

The claimant claims the whole of the outstanding balance due and payable under an agreement referenced **acc number** and opened effective from 18/04/2001. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. The Defendant failed to make payment as required and by 25/10/2013 a default was recorded. As of 14/10/2013 the Defendant owed Barclaycard PLC the sum of £12808.14. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 14/10/2013 and made regular upon the claimant serving a Notice of Assignment upon the Defendant shortly thereafter. And the claimant claims:- 1. 12938.12 2. Interest pursuant to Section 69 County Court Act (!984) at a rate of 8% per annum from 14/10/2013 to 30/05/2014 of 539.09 and thereafter a daily rate of 2.71 to date of judgment or sooner payment. dated 30/05/2014

 

I think I need to send a CCA request to IDR. Do I need to send one to Link too? they were the one's handling it prior although I understand the two companies work together?

 

I am planning to do a CPR 31.14 to IDR

 

Going to send off acknowledgement of service and have ticked that intend to defend all of the claim and also contest jurisdiction...

 

By my calculations the defence must be in by the 2nd July which I think is fine providing the above letters go asap and they don't respond within 12 days of receipt?

 

Any advice really appreciated! Thank you!

[AndyOrch]

Yes you have it in hand ilovetassimo

 

CCA/CPR to the claimant sols

 

Do not contest jurisdiction

 

Register to use the MCOL service then you can do it all on line...free and secure.

 

Regards

 

Andy

[SabreSheep]

Also as its a barclaycard

 

You may want to do a subject access request and see how much can be reclaimed from Unlawful overlimit and late payment fees as well as interest in restitution Sar would go to Barclaycard

 

If by any chance OH has all the statements you could begin a complaint without waiting on the SAR

[AndyOrch]

But concentrate on the claim for now and preparing a defence.

[ilovetassimo]

Thank you!

Andyorch - why should I not contest jurisdiction?

SabreSheep - who should I send the subject access to - barclaycard or idr?

[ilovetassimo]

Sorry just reread and saw it was to barclaycard!

[AndyOrch]

Thank you!

Andyorch - why should I not contest jurisdiction?

 

More to the point why should you? Are you in England or Scotland ?

[ilovetassimo]

More to the point why should you? Are you in England or Scotland ?

In England, thought I would contest so if the requests come back with paperwork I can go to court locally and argue. In a previous case I changed the jurisdiction the claimants didn't turn up and the judge struck it out so hoping for the same!

[AndyOrch]

Contesting jurisdiction does not mean that...all claims are heard in the defendants court irrespective...contesting jurisdiction is when you state that an English Court does not have jurisdiction to hear the claim...ie a Spanish Company was litigating against you.

[ilovetassimo]

Hi andyorch, thank you I didn't know that

I have news and so have come back seeking more advice!

 

Court have received acknowledgment of service. The issue date was 30/5 which makes the day of service 4th June which gives me until 2nd July to do defence.

I have sent the two letters off to IDR Finance on 12/6, delivery of/signed for on 13/6. £1 cheque cashed 19.6. Letter received today from LINK FINANCIAL instead saying:

 

You have recently made a request under section 77/78 for copies of various documents.

As you are aware IDR Finance UK II Ltd purchased your debt from Barclaycard plc on 14th October 2013 & as such we do not always hold the documentation requested. We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from Barclaycard plc & look forward to sending this to you in the near future, however please be advised that this could take up to 30 days to provide.

 

My question is now what do i do? Surely if they say they own it then they should have the documentation? Why are Link writing to me in reply instead of them directly? Do i write a defence simply saying they cannot provide ownership so the court claim is in doubt? Do i need to say anything else? Is there a template for this?!

All advice truly appreciated!

Thank you

[AndyOrch]

Responding to your PM.

 

Firstly I would check your calculations re the claim form I make your defence date 1st July ( date on claim +19 days acknowledgment +14 days defence = 33. 1st July

 

When a debt is assigned its a portfolio of debts ( yours and 100s of others) on a print out it has your name/ address account number and balance...that is all.The original creditor retains all the paperwork.

 

Link and IDR are one and the same Link Financial Outsourcing.

 

Regards

 

Andy