CLAIM IN COURT FROM IDR/LINK

[Worriedme]

Re: CLAIM IN COURT FROM IDR/LINK

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

[PlanB]

Re: CLAIM IN COURT FROM IDR/LINK

Yes.

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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

[Worriedme]

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?

[Worriedme]

Re: CLAIM IN COURT FROM IDR/LINK

Yes.

- - - Updated - - -

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

[PlanB]

Re: CLAIM IN COURT FROM IDR/LINK

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

[nanna58]

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

[Never-In-Doubt]

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.

whoever asked for money? I certainly never....

[Worriedme]

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.

[PlanB]

Re: CLAIM IN COURT FROM IDR/LINK

the debt would be UE until such a time they did produce valid documentation (which it seems they did later.)

Not necessarily

If you applied online then in all likelihood it is admissible.

Not necessarily


Di

*Edit: I seem to have a smiley malfunction

[PlanB]

Re: CLAIM IN COURT FROM IDR/LINK

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

Di

[PlanB]

Re: 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.

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

[Never-In-Doubt]

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?

[Pixie]

Re: 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.

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.

[nanna58]

Re: CLAIM IN COURT FROM IDR/LINK

I'll try to flag it up for you xx

[Worriedme]

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.