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welshandproud

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  1. Hi Yoda i seem to be in the same shoes as you.. ref what Idem say, ie putting things on hold for a month.. down to the last letter.. will be intresting as to what their next move would be..
  2. Hi Guys a small update.. form went off to court, got a letter in post today from Idem, asking court to put things on hold for a month for further enquiries.. and i noticed on their small claims track questionnaire that they have ticked NO to small claims mediation service? how does it stand that they asked for an extra month and no to mediation? just wondering.
  3. Morning guys.. had my N180 in the post last week, just got to fill it out and send back, must be done by the 15th of March so its in the post tomorrow.. will keep updating.
  4. thank you so much for your help.. i'll keep up dating and will be donating soon.
  5. edit to add the bit that you said DX... is this ok to Defend on MCOL? 1) An agreement between Lloyds TSB and Defendant/s (D) subject to standard terms and conditions. 2) Claiment © purchased the debt on 17.06.2015. 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 become immediately due and payable. Formal Demand issued 10/01/19. 5)D has failed to pay the outstanding balance of £ 2299.18 Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraphs 1 is noted I have in the past had financial dealings with Lloyds TSB.I do not recall the precise details of any agreement but do recall it was on or about 2005. 3. Paragraph 2 is noted & 3 is denied as I have never entered into any agreement with the claimant therefore I can not be in any breach of any terms as no agreement exists with the claimant. 4.Paragraph 4 is denied as above because the claimant could not of issued a Default Notice as they only bought the debt 17.06.2015 and as far as I can recall any breach with the original creditor would have been on or around 2005.The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have been already terminated before assignment. 5. Paragraph 5 is denied.Notwithstanding the above, requests for information pursuant to the consumer crediticon Act (section 78) and CPR 31.14 were made. A Section 78 request was sent on 25/01/2019, and shows as received 28/01/2019 . A CPR 31.14 request was sent signed for 25/01/2019 and shows as received signed for 28/01/2019. IDEM complied with my CCA Request of 08/02/2018 with some documents that failed to comply with the act. The claimant has yet to comply with my CPR 31.14 Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears pursuant to the CCA1974 (d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 5. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6.On the alternative, if the Claimant is an assignee of a debt as alleged it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974 7.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  6. they admitted in 1st letter that they didnt, then 2nd letter was some sort of T&Cs.. with wrong address on ACC opening and no date or sig.. multi CCA 24-2-19.pdf
  7. does this draft look ok? trying really hard but finding it confusing 1) An agreement between Lloyds TSB and Defendant/s (D) subject to standard terms and conditions. 2) Claiment © purchased the debt on 17.06.2015. 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 become immediately due and payable. Formal Demand issued 10/01/19. 5)D has failed to pay the outstanding balance of £ 2299.18 Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraphs 1 is noted I have in the past had financial dealings with Lloyds TSB.I do not recall the precise details of any agreement but do recall it was on or about 2005. 3. Paragraph 2 is noted & 3 is denied as I have never entered into any agreement with the claimant therefore I can not be in any breach of any terms as no agreement exists with the claimant. 4.Paragraph 4 is denied as above because the claimant could not of issued a Default Notice as they only bought the debt 17.06.2015 and as far as I can recall any breach with the original creditor would have been on or around 2005.The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have been already terminated before assignment. 5. Paragraph 5 is denied.Notwithstanding the above, requests for information pursuant to the consumer crediticon Act (section 78) and CPR 31.14 were made. A Section 78 request was sent on 25/01/2019, and shows as received 28/01/2019 . A CPR 31.14 request was sent signed for 25/01/2019 and shows as received signed for 28/01/2019. IDEM acknowledged they were unable to supply a copy of the agreement and acknowledged until they could do so the agreement cannot be enforced. The claimant has yet to comply with my CPR 31.14 Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears pursuant to the CCA1974 (d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 5. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6.On the alternative, if the Claimant is an assignee of a debt as alleged it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974 7.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  8. Hi i've edited the bit i got wrong.. from what i remember i've never had a default notice for this.. plus any thing to do with Lloyds and Idem is not on my credit file. does this draft look ok? 1) An agreement between Lloyds TSB and Defendant/s (D) subject to standard terms and conditions. 2) Claiment © purchased the debt on 17.06.2015. 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 become immediately due and payable. Formal Demand issued 10/01/19. 5)D has failed to pay the outstanding balance of £ 2299.18 Defence 1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted and accepted I have in the past had financial dealings with Lloyds TSB. I do not recall the precise details or agreement and have sought verification from the claimant who is unable to comply. I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or Lloyds TSB. 3. Paragraph 4 is denied I am unaware of any Default Notice allegedly served last year from either the Claimant or Lloyds TSB 4. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77/78 request and their solicitors. 5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974. 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  9. 3 and 4 i ment to take out, i went to edit it but was past to 10mins before i noticed it.. does that now mean i got a CCJ by default?
  10. Hi guys if you could just take a peek at this for me, i'm about to submit it. i'm hoping that its up to scratch? 1) An agreement between Lloyds TSB and Defendant/s (D) subject to standard terms and conditions. 2) Claiment © purchased the debt on 17.06.2015. 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 become immediately due and payable. Formal Demand issued 10/01/19. 5)D has failed to pay the outstanding balance of £ 2299.18 defence 1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted and accepted I have in the past had financial dealings with Lloyds TSB. I do not recall the precise details or agreement and have sought verification from the claimant who is unable to comply. I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or Lloyds TSB. 3. Paragraph 4 is denied I am unaware of any Default Notice allegedly served last year from either the Claimant or Lloyds TSB 4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/breach requested by CPR 31. 14,and remains in default of my section 77 request, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77/78 request and their solicitors, Idem servicing, have stated in relation to my 31:14 request that they are under no obligation to disclose any documentation on which the claim is based. 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  11. Morning guys, after sending off the CCA i've had the so called T&Cs back, but they are the same as the one that i put up in post #1 and address is still wrong.. i've not had anything back from the CPR 31:14. not sure what to put about defence? any advice would be helpful?
  12. Ok MCOL done and new CCA and CPR 31:14 done and will be sent in the morning. so is it sit back and wait? or is there any thing else i need to do?
  13. I've just found the PAPDC, didn't even know i had that, must have missed it some how. It was dated 30th Nov 18. I did send a CCA on the 28/06/18 had the norm response, we'll look in to it, then i had a response dated 11/09/18 as post #1. it has the wrong address from when the acc was opened and no signature, just looks like a set out T&Cs from some where.
  14. is this the - - prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC? 23-01-2019 edit.pdf
  15. Name of the Claimant ? Idem Capital Securities LTD Date of issue – 22 Jan 2019 Particulars of Claim 1) An agreement between Lloyds TSB and Defendant/s (D) subject to standard terms and conditions. 2) Claiment © purchased the debt on 17.06.2015. 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 become immediately due and payable. Formal Demand issued 10/01/19. 5)D has failed to pay the outstanding balance of £ 2299.18 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) If that was the later dated 10/01/19 then yes 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? What is the total value of the claim? £2299.18 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card 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 Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure of any notice Did you receive a Default Notice from the original creditor? Yes but its not on my Credit file anymore Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Cant remember Why did you cease payments? I believe i was being cash cowed What was the date of your last payment? 11.06.18 Was there a dispute with the original creditor that remains unresolved? Not that i believe Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? i was with Step Change. i think that's all.
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