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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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Idem Claim Form - halifax / Lloyds TSB credit cards***Claim Discontinued***


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Hi all

 

Hope everyone is well.

 

Had this back recently - after months on inactivity on all accounts.

 

For a Lloyd’s credit card

 

This is the one and only sheet sent back from Idem.

 

Looks like an application form to me ?

 

Any help much appreciated.

 

Thanks for looking and Bon weekend !

 

Here is correct picture

Lloyd’s scan 2.pdf

Edited by dx100uk
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Not compliant. Im guessing you got it from idem?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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can you read that I cant!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Nowhere near compliant. even if it was legible.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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what the debt history yoda..

if idem have it

sure as eggs is eggs there is something wrong with the debt.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 months later...

Name of the Claimant ? Idem Capital Securities Limited

Date of issue – 15 Jan 2019

 

Particulars of Claim

 

1 ) Agreements between Halifax / Lloyds TSB and the cardholder ( D )

 

2 ) The balance of the accounts were legally assigned to the Claimant ( C ) 17/06/2015

 

3 ) D accrued balance *** A/C 1 Credit Card o/s bal £4500 A/C 2 Credit card o/s Bal £4500

 

4 ) D defaulted on payments

 

5 ) C issued Formal Demand requested payment dated 03/01/2019

 

6 ) Amount now due from D £9000

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

Did you inform the claimant of your change of address? Yes just to update them in case they hadnt got it

 

What is the total value of the claim? £9000 ( amalgamated two credit card debts )

 

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

 

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

 

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

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? Not that i can remember

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? advice from kind folk here

 

What was the date of your last payment? march 2018 ( via payplan )

 

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 planlink3.gif? yes and I was with payplan until march 2018

 

 

 

Good evening Peeps and happy new year.

 

Ive just made a donation

 

I have just Received a Claim Form Today

 

I have received a cca back for the lloyds one pls see link : -

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?490321-Lloyd%92s-idem-CCA-return&p=5150881#post5150881

 

and was told it was illegible / incomplete.

 

Nothing from the Halifax one back.

 

Should I get two new CCA's running ?

and do I send them to the Claimant on Claim Form ?

( Idem Capital ) ?

 

I am doing a lot of reading at the moment of past similar case

s- but just uploading this bit, as I dont want to lose the draft.

( kids bed time )

 

This Claim form is the first real threatogram.

I have NOT received a PAP letter.

Edited by dx100uk
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Hi fkofilee

 

I have just found a letter - not headed Letter of claim or anything but has following details -

 

Current Balance £4500

Original Vendor Lloyds TSB

Date your account was purchased by Idem - *** ** 2015

Balance at the point of purchase by Idem £4500

Date of agreement **** ****** 2002

Parties to the loan - **** *********

 

I cannot find the rest of paperwork - but it does say we are in the process of referring to our litigation dept.

 

so this COULD od been it - so sorry to confuse.

 

I have logged into MCOL and done acknowledgement of service, and defended all.

 

I will also send a CPR 31.14 request to send signed for to Claimant in the morning.

 

Hi just a quick question re : CPR 31.14 request.

 

With regards to the formal demand ( Part 5 of particulars of claim )

 

I thought ONLY the original creditor can issue a formal demand ?

 

Thanks

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can we have the particulars of claim

EXACTLY as they are written on the claimform please

that doesn't look like an IDEM POC to me.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hold off on rushing around sending CPR/CCA yet please..

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Cheers DX !

 

This is EXACTLY as written - ** please note they have inserted two ' upside down question marks ' ( could be a typo ) - i have input these here as normal question marks.

 

1 ) Agreements between halifax / Lloyds TSB and the cardholder ( D )

 

2 ) The balance of the accounts were legally assigned to the Claimant ( C ) 17/06/2015

 

3 ) D accrued balance *** A/C 1 ? Credit Card o/s bal £4500

 

A/C 2 ? Credit card o/s Bal £4500

 

4 ) D defaulted on payments

 

5 ) C issued Formal Demand requesting payment dated 03/01/2019

 

6 ) Amount now due from D £9000

 

 

That is it Ad Verbatim.

 

Thanks

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thank you.

this could be fun as I doubt the assignments WERE on the same day...!!

 

do the usual

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.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

 

….

 

you must send 2 CCA requests

one for EACH ACCOUNT

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi All

 

Probably a Silly question - I have filed electronically on MCOL - adding in my email and phone details on the form. Are these ' visible ' to the claimant ? ?

 

As I do not what them having my details ? ( and only just thought about this )

 

Thanks

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No if you did it on mcol website

Just dont put them on their copy of the n180

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Can I please check my defence file date --

 

on claim form I have 15th January -

so plus 33 days comes out as sunday 17th February.

So I have worked it as the preceeding friday 15th february.

 

( its just the acknowledgement of service pack says 28 days )

 

thanks again

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Already explained in post 16…….......

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Good Morning All

 

just using my downtime reading a lot of cases. Just a quick question - as I'm preparing my defence.

 

they have stated in theyre POC.

 

D defaulted on payments

 

Because they have not worded ' Issued a Default notice ' should I use something like this....

 

Paragraph 2 is denied I do not recall the nature of any breach Therefore I have sought clarity by way of a CPR 31.14 request sent signed for ***** and shows as received signed for ***** The claimant has yet to comply.

 

or just go with the standard default response of :-

 

Paragraph * is denied. I am unaware of any service of a Default Notice pursuant to section 87 of the consumer credit

Act 1974. I have sought verification from the claimant regarding this matter and they have been unable to comply.

 

Thanks again.

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probably the latter but no rush yet

not due till the 15th

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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