HI, I'm not sure what all this means, on the credit file, link financial are listed, on the proceedings there is no mention of them, other cases on line have had cases set aside because the two companies are apparently not linked: Do a full credit check on yourself with Experian. You will most probably find that Link have not assigned the debt to IDR at all as I have found out. It appears that Link use IDR for the collection of debts in order to separate themselves from the action, but have the money going to Link. You will find that when and if you phone IDR Finance the number goes through to Link Financial and not IDR. The credit check will show who the debt is assigned to and if it is Link then only link themselves or a Solicitor acting for them can issue proceedings. If you have a Judgment issued against you by IDR Finance ltd and the credit check shows that the debt was only assigned to Link then apply to have it set aside on the grounds that there were no legal grounds for IDR to issue proceedings as there is "No Casual Link" between the two companies. You can also demand "Disclosure" of proof that Timothy Johnson works for IDR Finance ltd and Link Financial Outsourcing Ltd and that a copy of the "Deed of Assignment" pursuant to the Law of Property Act be produced which will prove the assignment. Do not be put off by a copy of a "Forward Flow Letter" for the purchase of the debt this is not a Deed of Assignment although Link will say it is. If you are successful then you should be able to get the Judgment "Struck Out" and claim costs against the other side on a Indemnity basis. You should also be aware that IDR and Link try to use "A Solicitors Agent" although Solicitors may not have been instructed to represent them in Court. The one that turned up for us was in fact an Insurance salesman that tried to act for them. This is not allowed under the Court Rules, only the Claimant in person or a Solicitor acting for the Claimant can represent someone especially if the Claimant is not present themselves. If this happens ask the Court to remove the person from the Hearing and that the Judgment be "Struck Out" and ask for Costs against the other side as well. The actions of both Link and IDR finance can be construed as "Unreasonable" and could make them liable for costs at any Hearing. You should also report the matter to the OFT and the Trading Standards Office for your locality.

If link is the owner, can idr issue proceedings? Can ccj be set aside for this reason?

Hi, I have received their list of documents; none of these documents are statements off themselves, only off MBNA still no calculations of interest etc (this was received after the deadline!) the WS has just been received, this encloses something I have not seen before: forward flow agreement for the sale and purchase of credit card receivables dated 29 February 2012 (the ''Agreement'') the purchase price is blacked out I'm unsure of what to put on my WS kind regards and thanks

Dear Andy, We now have a copy of the witness statement from IDR, it is disputing all of our defence: ( The defence: the defendant admits entry into the credit agreement (only entered into with MBNA, if this counts?), and that he has failed to make repayment (we still have not received any statements from IDR with calculations of interest etc., only repeated copies of old statements from MBNA, which we already have) in accordance with the terms and conditions thereof. The defendant seeks to defend the claim on the basis of estoppel and on an allegation that no valid notiuce of assignment has been served. The defendant further seeks proof of the claimant's locus standi, the default notice and of quantum. What do we do now? Thank you

Hi, Andy, thanks so much again What list of documents would we need to provide? and do we send them directly to IDR or the court? regards Foz

Hi, Andy, we have received a notice of allocation to the fast track, it is oredered that: 1) the claim is allocated to fast track. 2) at all stages the partyies must consider settling this litigation by means of alternative dispute resolution (including mediation); any party not engaging in any such means proposed by another is to serve a witness statement giving reasons within 21 days of receipt of that proposal. That witness statement must not be shown to the trial judge until questions of costs arise. 3) Disclosure of documents will be dealt with as follows: a) by 4pm on 14th june 2013 both parties must give each other standard disclosure of documents by list b) by 4pm on 28th june 2013 any request must be made to inspect the original of, or to provide a copy of, a disposable document. c) any request unless objected to must be compiled with within 14 days of the request. 4) evidence of the fact will b e dealt with as follows: a) by 4pm on 5th july 2013 both parties must serve on each other copies of signed statements of themselves and of all witnesses on whom they intend to rely and all notices relating to evidence, including civil evidence act notices. b) oral evidence will not be permitted at trial from a witness whose statement has not been served in accordance with this order or has been served late, except with permission from the court. c) if a witness is unable to read the statement in the form produced to the court, the statement must include a certificate that it has been read or interpreted to the witness by a suitably qualified person. 5) witness statements must: a) start with the name of the case and the claim number b) state the full name and address of the witness c) set out the witness's evidence clearly in numbered paragraphs on numbered pages. d) end with this paragraph: I believe that the facts stated in this witness statement are true e) be signed by the witness and dated 6) no permission is given for expert evidence. 7) the trial will be listed as follows: a) each party must file a completed pre-trial check list with this court no later than 4pm on 19th july 2013 and the claimant must pay a listing fee of £110. in addition the claimant must pay a hearing fee of £545 for a fast track case (or £1090 for a multi track case). If the court is notified in writing that the hearing is no longer needed the hearing fee will be refunded in full or in part in certain circumstances. please refer to the leaflets explaining more about what happens when your case is allocated to track. b) the trail window is 16 to 20 September 2013 c) the trial date is 16 September 2013 at 10am d) the estimated length of trial is 4 hours. 8) not more than seven nor less than three clear days before the trial, the claimant must file at the court and serve an indexed and paginated bundle of documents which complies with the requirements of rule 39.5 civil procedure rules and practice direction39A. the parties must endeavour to agree contents of the bundle before it is filed. the bundle will include a case summary and chronology. 9) the parties must file with the court and exchange skeleton arguments at least three days before trial, preferably by email if that is possible. 10) because this order has been made without hearing, the parties have the right to apply to have the order set aside, varied or stayed. a party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within 7 days of the service of this order. What is the best course of action now? regards, Fozzie

what does this mean?

Dear Andy, just wondered if you could help with answers to some of these aq questions: 1: Reasons for not settling the claim at this stage? 2: pre action protocols: have I done so if not why? 3: case management: have I made any applications? 4: proposed directions: what could they be? 5: other information: do I need to attach anything? once again, thank you so much xx

We have received a notice that a defence has been filed and an allocation questionnaire to fill out, dated 23rd April 2013. IDR have applied to a 'stay' lifted. They want this done for the following reasons: 1. The stay on the claim to be lifted 2. The claim be transferred to the defendants local court 3. There be no order as to costs Because the claimant did inadvertently allow the date for the notifying the court that the matter was to proceed to pass. They want this done without a hearing. What is the best course of action now? They have still not issued statements; calculations of interest etc as requested. kind regards

I don't know how they sleep at night, and why did mbna do this? we could have paid what they sold it to idr for. it is very wrong, we were paying over £400 per month to mbna, and they have put us in a bad position. and yes some people in England are just using the system to make quick financial gain, why don't they try going to work and making an honest living.

yes it is a single debt and a joint ownership

Hi, Andy, the court says that if IDR do not reply to the defence within 28 days then the debt becomes stayed, and that can only be lifted by applying to the court. I really cant understand why, if everything is above board, why they don't just proceed with the ccj. There is no way we would secure anything to our property, other than our mortgage, especially not a credit card debt. Thank you once again.

Dear Andy, I have received a reply from the Northampton court saying that IDR should contact them to attempt to resolve any dispute within 28 days, that was the 18th February. I have a received communication from IDR offering me a Toimlin order if I secure the debt against my home. It is asking for secrecy. All the paperwork I requested IE; deed of assignment, statements etc are not received, they have just sent copies of what I already have which are the statements from mbna, in the front appendix it lists evidence paperwork that are not enclosed. What do I need to do now?

Dear Andy, I have just successfully submitted the defence, thank you so much for all of your help, I will let you know the outcome, and when I get paid next friday I will make a donation to CAG, you have been fair, honest and helpful, truly welcomed! Kind regards, And speak soon Fozzie