Jump to content


  • Tweets

  • Posts

    • Should this to be take into court with him or should he send something in earlier?
    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

IDEM Claimform - HSBC Loan or was it?***Claim Discontinued***


Tbirdo
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1734 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello there, this is an update of my original debt management thread.

 

HSBC loan taken out pre 2007

Defaulted 2009 (credit file clear)

 

02/2018 CCA request sent to Idem

Idem acknowledge copy of agreement is no longer available and are aware that they are unable to enforce litigation action on this account.

 

07/2018

Idem have replied with a new letter.

We have now complied with your CCA request and enclose a copy of the executed agreement.

Just a print out of terms and conditions (O.D. Terms and conditions) not the loan.

 

08/2018

They have now sent me a PAP letter aswell

 

 

I will be filling out the PAP from the link I got from Andy.

 

Any thoughts and advice is appreciated

Link to post
Share on other sites

  • Replies 126
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

If you could scan redact and upload what they have sent you.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hiya Andy

 

They have just sent me a print out of

1. Current account terms and conditions (3 pages)

2. Current account and savings account terms and conditions

3. A list of transactions of the payments I was making

 

There is nothing else , if you still want the scan and upload I will do that

Link to post
Share on other sites

So nothing in connection to the loan...which I assume the PAP is directed to ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Yes nothing in connection with the loan at all. Interestingly I have noticed that they are using the same O.D account number on my credit card account thread aswell.

 

Looks like they have no paperwork and are suggesting that this is an O.D. Account

Link to post
Share on other sites

Do you have or had an overdraft with this number ?

 

Perhaps the PAP is with regards to your overdraft...assuming you have/had one ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Yes Andy I did have an O.D account with that number and it had a £1500 limit on it, now this loan account with the amount they are claiming that is still owed is £9000.

 

While I was on my debt management plan with debt movers that were paying my accounts (HSBC) with the following amounts

 

HSBC O.D. £6

HSBC C.C. £35

HSBC LOAN £95

 

So each account was getting a payment. Idem however have somehow merged the O.D with either the C.C or loan they can’t make they minds up

Link to post
Share on other sites

Hi,

Maybe one of the more experienced members might know more details, but as I remember....

HSBC / First Direct for a period of time from 2007 onwards, combined loans and CC's into Current accounts so that it appeared the current account was £1000's overdrawn instead of having a current account & loan/cc account separate.

There was much discussion on here about the errors of doing so as it removed some of the consumer rights under CCA 1975.

I'm my experience they bundled a £8000 CC into a £300 o/d current account. At the time I challenged them, they told me to clear off!

I think I remember some contributors saying this could cause issues if taken to court?

Link to post
Share on other sites

Okay so on your PAP inform them you have never had an overdraft with a £9K limit and if they intend to proceed with this they will be expected to disclose all relevant documentation and statements referring to current account number xxxxxxx sort number xxxxx.

 

Ask them to provide a copy of the facility agreement... credit limit.....etc pursuant to sec 61 B of the CCA1974.

 

https://www.legislation.gov.uk/ukpga/1974/39/section/61B

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks for reply me too.

These accounts were not merged when HSBC had them, when the first DCA had these accounts I was still paying 3 accounts

 

DCA Metropolitan paying 3 Accounts

DCA Brittannica. Paying 3 accounts

DCA Moorgate/idem paying 2 accounts

 

Looks like they have merged the O.D and loan account together .

 

Going through some idem paperwork and found a letter where they write this account is in relation to an O.D facility and a personal loan both with HSBC account numbers

Link to post
Share on other sites

Well they should litigate on them separately ...its okay to amalgamate but it must be plead separate with each account/agreement number relied upon.

 

Any claim they propose to instigate will become very messy if they wish to rely on the current account reference for the full amount.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks Andy

I will fill out PAP and write up a letter as you have advised. Can I post it up for you to look at ?

 

Sure...a bit of reverse psychology goes a long way by informing them you know what they have done and that it will be challenged . :wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hello there. This is a draft of the letter I intend to send to idem

 

Dear idem

 

In reply to your letter dated xxxxx I would like for you to clarify which account you are pursuing me for. The account you have listed in your letter is an overdraft account.

I have never had an account with an overdraft limit of £9000 which you are claiming. If you do intend to proceed with further action you are reminded that you are expected to disclose all relevant documentation and statements referring to account xxxxxx sort code xxxxxx.

 

I also require you to provide me with the following :

 

1. copy of the facility agreement

2. credit limit.

 

pursuant to sec 61 B of the CCA1974.

 

1. Where an authorised business overdraft agreement or an authorised non-business overdraft agreement has been made, a document containing the terms of the agreement must be given to the debtor.

 

2. The creditor must provide the document referred to in subsection (1) to the debtor before or at the time the agreement is made unless—

 

(a) the creditor has provided the debtor

with the information referred to in regulation 10(3) of the Consumer Credit (Disclosure of Information) Regulations 2010, in which case it may be provided after the agreement is made,

 

(b) the creditor has provided the debtor with the information referred to in regulation 10(3)©, (e), (f), (h) and (k) of those Regulations, in which case it must be provided immediately after the agreement is made, or

 

© the agreement is an agreement of a description referred to in regulation 10(4)

(b) of those Regulations, in which case it must be provided immediately after the agreement is made.

 

3. If the requirements of this section are not observed, the agreement is enforceable against the debtor on an order of the court only (and for these purposes a retaking of goods or land to which the agreement relates is an enforcement of the agreement).

 

 

I look forward to your reply

 

Yours sincerely

 

Tbirdo

 

 

 

 

 

Any thoughts and advice appreciated

Link to post
Share on other sites

Yes...staple it to the front :wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 3 months later...

Just a quick update.

I have received a letter from idem

 

“Your account has been transferred to our litigation department in connection with the outstanding balance. Unless proposals to clear your account balance are received in the next 7 days, we will issue proceedings without further recourse to you.”

 

I have received nothing from idem since I sent off the PAP letter.

 

I just wanted to ask is this normal procedures ?

 

Reading through other threads I guess this is what happens .

 

Any advice is always appreciated

Link to post
Share on other sites

Lets wait for the court claim then :wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 3 weeks later...

The court claim has arrived along with a default notice which looks like the original HSBC issued me with in 2009.

 

 

Name of the Claimant ?

IdemCapital Securities

 

Date of issue

19/11/2018

 

 

 

Particulars of Claim

 

1) An agreement between HSBC and defendant/s (D) to standard terms and conditions

 

2) Claimant © purchased the debt 06/10/2016

 

3)It was a term of the agreement that if any instalment was not paid on due date, C would be entitled to repayment of outstanding balance of total amount payable, less (on payment)any rebate to which D might be entitled.

 

4) D failed to pay instalments due, C issued a Default Notice requesting payment D failed to pay the sums due, which consequently became immediately due and payable, Formal Demand issued dated 05/11/2018

 

5) D has failed to pay the outstanding balance 0f £9000

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

No

 

What is the total value of the claim?

£8500 + £500 court and legal fees

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?

Loan

 

When did you enter into the original agreement before or after April 2007 ?

Before 2007

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?

No

 

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.

Debt purchaser Idem Capital Securities

Were you aware the account had been assigned – did you receive a Notice of Assignment?

I don't remember receiving this information

Did you receive a Default Notice from the original creditor?

Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

Yes

 

Why did you cease payments?

Financial difficulties due to hours cut at work

What was the date of your last payment?

08/2017

 

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 I did communicate with HSBC who were unable to accept lower payments, therefore I entered into on a debt management agreement with a debt management company

 

 

 

 

 

Will I need to send a CPR31.14 request to the solicitors ? (Looks like Idems in house solicitors , same address)

 

Am I right in logging on to the MCOL website as well ? followed one of dx links

 

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 start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

 

Thanks for all the help

Link to post
Share on other sites

Yes to all the above and a further CCA section 77 request......

 

Their particulars are vague as with regards to the overdraft or loan or in fact whatever they are claiming for.

 

Thread moved to Financial Legal Issues Forum in view of the claim received.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...