IDR/Kearns claimform - old Morgan Stanley card 'debt'

[Guest]

so, the relevant cca request hasn't been satisfied?

[andyg1]

In the mind of IDR yes . It's not accurate however .

 

Thanks

 

Andy

[Guest]

The 2011 default notice dies not show on any credit files however .

 

Andy

you have info re 'a' def notice, dont worry about anything else for now. when in 2011?

further, an original def notice wld usually come from an original creditor, not an assigned (sold to) dca.

[andyg1]

June 2011 from Mercers who acted on behalf of Barclaycard sent the default letter and it's included in the SAR

 

Andy .

[andyg1]

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

[dx100uk]

Well that means its gonna disappear soon anyway then

They idr can't change that date

Have they?

[andyg1]

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

[dx100uk]

but you have proof

so you send a copy of the proof

along with a letter to plink

giving them 14 days to remove their incorrect default

or you'll raise a complaint with the ICO and seek financial compensation.

 

 

dx

[andyg1]

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

[dx100uk]

please fill this out:

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

 

dx

[andyg1]

Here is the summons and the original default notice

Scan0089.pdf

Scan0090.pdf

[dx100uk]

please read the upload

and redact you docs properly.

 

 

we DONT need to see the claimform

get that link in post 35 sorted.

 

 

attachments hidden

[andyg1]

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

[dx100uk]

thanks for that

 

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[andyg1]

All of above steps actioned thanks for your help .

 

 

Many thanks

 

Andy

[dx100uk]

thread tidied

£77,447.72 !!

 

£2106.95 interest

rising by £16.20 per day

 

what planet are they on!!

[dx100uk]

now

you have the old CCA return

 

 

sadly since you posted that up we had a database virus attack whereby uploaded files were corrupted by the attack

can you reload the fil into adobe

and save it as a different name

and upload that please for ref of what they sent 4yrs ago?

[andyg1]

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 .

[andyg1]

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

Edited March 30, 2017 by dx100uk
PDF properly redacted - dx

[dx100uk]

that's total bogroll!!

[andyg1]

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

[dx100uk]

you ignore them

don't miss your def filing date whatever happens.

 

post it up here 1st

 

and no please don't pay them..dx

[andyg1]

Many Thanks I wasn't sure if it was a ploy .

 

Andy