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  • CLAIM IN COURT FROM IDR/LINK

    I am due in court next month. I am being chased for close to £11k for a pre-2007 credit card account. After 3 years and the three letters and estoppel, the debt collectors refused to give me any documentation, even after they brought a case against me in the County Court. I defended, and the case was stayed.
    I made an application to have it struck out due to lack of evidence, and the barrister for the debt collectors turned up with what he said was an online application. TBH, it looks like something I could mock up in photoshop in an afternoon.
    Can anyone advise? I don't know what to think. They're saying it's admissible under The Electronic Communications Act 2000
    and because I signed online, it's binding.

  • #2
    Re: CLAIM IN COURT FROM IDR/LINK

    I'll try to flag it up for you xx
    if you do it today and you like it you can always do it again tomorrow


    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • #3
      Re: CLAIM IN COURT FROM IDR/LINK

      Originally posted by Worriedme View Post
      I am due in court next month. I am being chased for close to £11k for a pre-2007 credit card account. After 3 years and the three letters and estoppel, the debt collectors refused to give me any documentation, even after they brought a case against me in the County Court. I defended, and the case was stayed.


      It seems like you've been on another website. If you'd sent a CCA request with £1 payment the dca couldn't refuse to send you any documentation. If they did, the debt would be UE until such a time they did produce valid documentation (which it seems they did later.) What was your defence? ( the lack of documentation?)


      I made an application to have it struck out due to lack of evidence, and the barrister for the debt collectors turned up with what he said was an online application. TBH, it looks like something I could mock up in photoshop in an afternoon.
      Why did you apply to have the debt struck out? It seems by doing so you allowed them to produce the evidence.


      Can anyone advise? I don't know what to think. They're saying it's admissible under The Electronic Communications Act 2000
      and because I signed online, it's binding.
      If you applied online then in all likelihood it is admissible.

      You need to send a CPR 31:14 and a SAR, the templates are in the template section, link is st the top of the forum home page.
      Let your smile change the world but don't let the world change your smile


      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment


      • #4
        Re: CLAIM IN COURT FROM IDR/LINK

        Please email a copy of the claim and I'll ask solicitor to help you if you want?
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment


        • #5
          Re: CLAIM IN COURT FROM IDR/LINK

          Originally posted by Worriedme View Post
          I am due in court next month. I am being chased for close to £11k for a pre-2007 credit card account. After 3 years and the three letters and estoppel, the debt collectors refused to give me any documentation, even after they brought a case against me in the County Court. I defended, and the case was stayed.
          I made an application to have it struck out due to lack of evidence, and the barrister for the debt collectors turned up with what he said was an online application. TBH, it looks like something I could mock up in photoshop in an afternoon.
          Can anyone advise? I don't know what to think. They're saying it's admissible under The Electronic Communications Act 2000
          and because I signed online, it's binding.
          What date is the hearing "next month"?

          What is the purpose of the hearing? Is it the Trial or is it another hearing to decide something else before it gets to Trial?

          Who was the original creditor?

          You may need to send a section 77-79 CCA Request to the Claimant (with a copy to their solicitors) unless you've already done that (it's unclear from your post) in which case don't send another.

          From what you say this claim may have been allocated to the Fast Track (over £10k). Have you sent a CPR 31.14 Request to the Claimant at any stage?

          Have you sent a Part 18 Request to the Claimant at any stage?

          You say you made an application to have the claim struck out and from your post it appears there was a hearing. What was the Order resulting from that hearing? Was the Claimant order to produce/disclose documents or was your application dismissed?

          You say the claim has been stayed for two years after you filed your Defence. What (approximately) was the basis of your Defence?

          Sorry for all the questions but the background needs to be established in order to suggest how you should move forwards.

          Di
          I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

          I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important

          Comment


          • #6
            Re: CLAIM IN COURT FROM IDR/LINK

            Would I be right in guessing that Kearns solicitors is the firm instructed by IDR/Link?

            Di
            I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

            I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important

            Comment


            • #7
              Re: CLAIM IN COURT FROM IDR/LINK

              Originally posted by Pixie View Post
              the debt would be UE until such a time they did produce valid documentation (which it seems they did later.)
              Not necessarily


              Originally posted by Pixie View Post
              If you applied online then in all likelihood it is admissible.
              Not necessarily


              Di

              *Edit: I seem to have a smiley malfunction
              Last edited by PlanB; 2nd March 2017, 13:42. Reason: fixed smileys :)
              I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

              I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important

              Comment


              • #8
                Re: CLAIM IN COURT FROM IDR/LINK

                Thank you, that's very kind, but I'm sorry, I have no money to pay a solicitor.

                Comment


                • #9
                  Re: CLAIM IN COURT FROM IDR/LINK

                  Originally posted by Worriedme View Post
                  Thank you, that's very kind, but I'm sorry, I have no money to pay a solicitor.
                  whoever asked for money? I certainly never....
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment


                  • #10
                    Re: CLAIM IN COURT FROM IDR/LINK

                    Worry me please be guided by Niddy and no one said anything about money , xxxxxxx

                    Our solicitor will take a look and Niddy will suggest the best way forward. X
                    if you do it today and you like it you can always do it again tomorrow


                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment


                    • #11
                      Re: CLAIM IN COURT FROM IDR/LINK

                      Originally posted by Worriedme View Post
                      Can anyone advise? I don't know what to think. They're saying it's admissible under The Electronic Communications Act 2000
                      and because I signed online, it's binding.
                      Did they produce the relevant Terms & Conditions with the recon of the online application?

                      Did you plead any other legal arguments such as the Default Notice being defective (if there was one), or no annual Notice of Sums in Arrears/statements (s.86B or C) if they didn't send any, or assignment issues since the Claimant is a debt purchaser?

                      Who was the original creditor?

                      Di
                      I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

                      I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important

                      Comment


                      • #12
                        Re: CLAIM IN COURT FROM IDR/LINK

                        Yes.

                        - - - Updated - - -

                        Sorry to offend, but solicitors... their time is valuable. I should not have assumed.

                        Comment


                        • #13
                          Re: CLAIM IN COURT FROM IDR/LINK

                          Thanks so much for your offer - how do I email? Is there a button here somewhere I'm missing?

                          Comment


                          • #14
                            Re: CLAIM IN COURT FROM IDR/LINK

                            Originally posted by Worriedme View Post
                            Yes.

                            - - - Updated - - -

                            Sorry to offend, but solicitors... their time is valuable. I should not have assumed.
                            Shall we start again

                            Does that "Yes" mean you included all those legal arguments in your Defence?

                            Who was the original creditor in case I can think of a few more arguments which you could throw at them (you'd have to file an Amended Defence if necessary)?

                            Don't give up simply because some hot shot barrister has unsettled you.

                            Di
                            I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

                            I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important

                            Comment


                            • #15
                              Re: CLAIM IN COURT FROM IDR/LINK

                              Ok, found the private message button. Baby steps, hey.

                              Comment

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