Idem Claim form - Lloyds Loan -***Claim Discontinued***

[dx100uk]

no point in ever sending an sar to a dca

 

dx

[Tiredngrumpy]

I've now received a letter from Earlswood & Co Solicitors stating pay in 7 days or else legal proceedings will follow.

 

I haven't got round to replying to Idems letter about it being an overdraft debt.

 

Would it not make sense for me to forward a copy of the covering letter that Lloyds sent with my SAR information which clearly states I had loans and there is no original information available for these?

 

I'd like to try and nip this in the bud really.

 

Please help. - Thanks

[twoman]

Hi T&G,

Idem are part of the Paragon Group who are based at Earlswood Court(Earlswood Solicitors..mmmmmmmmm!)Highlands Road,Shirley,Solihull.

They will be the same people who sent out the threat-o-grams and just want you to believe they have escalated higher by giving it to the cleaner!!

Same people,same company...ex-employees of Mackie D's from near bye.....

Others might advise on what todo but i would ignore.

[dx100uk]

what was that

 

removed.

 

dx

[twoman]

sorry dx,

tried to upload a pic and all this gobbly gook appeared

[Tiredngrumpy]

Thanks for that! I thought the franking mark looked suspiciously similar to previous letters

 

I might fire one back at idem just to put them straight in saying that my CCA request didn't apply as it's for an overdraft.

 

A: It isn't for an overdraft (I have proof)

 

B: There's still an obligation to produce documents in connection to an overdraft (from what I've been reading.)

[dx100uk]

you need idem to supply the original Lloyds account number

 

you say its a loan

they say its an OD.

 

also that letter does not say WILL anywhere

 

read it properly

 

dx

[Tiredngrumpy]

Today I received a County Court Claim Form/Pack dated 31 MAR 2014

 

Interestingly the 'Particulars of Claim' mention that I had an agreement in various points of their claim.

 

Please can somebody with experience advise me on the correct course of action from here?

 

Thanks

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.

[Tiredngrumpy]

Thank you dx100uk!

 

Just to be clear, I need to start a new thread in the Financial Legal Issues forum?

 

Thanks

[dx100uk]

no your thread is there [here] already

 

fill that link out

 

dx

[Tiredngrumpy]

Name of Claimant: IDEM CAPITAL SECURITIES LTD (AS SUCC TO LLOYDS BANK PLC)

 

Date of issue: 31 MAR 2014

 

Particulars of Claim:

 

1) An agreement between Lloyds TSB Bank and Defendant (D) subject to standard terms and conditions

2) Claimant © purchased the debt on 27.06.13

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 payable, Formal Demand issued dated 14/03/2014

5) D has failed to pay outstanding balance of #7500

 

Value of the claim:

 

Amount Claimed £7500

Court Fee £210

Solicitors costs £100

 

Total amaount £ 7800~

 

No section 69 interest shown

 

Is the claim for a current or credit/loan account or mobile phone account?

 

The particulars don't give details.

I have always been under the impression it was for loans and have paper evidence to back this up,

however Idem seem to think it's in relation to a current account with overdraft. (see previous posts)

 

Original agreement before 2007.

 

Debt purchaser who has issued the claim.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? - Eventually after disputing this fact.

 

Did you receive a Default Notice from the original creditor?

 

I can't remeber to be honest but very likely.

 

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

 

Not sure, will need to check archived paperwork.

 

Why did you cease payments:-

 

I had a DMP arranged through Citizens Advice while the loan was with Lloyds/BLS.

 

This suited me and I didn't have a problem for years.

 

IDEM took over making demands of income and expenditure disclosures and wouldn't agree to stick to my previous arrangement with Lloyds/BLS.

 

I wasn't at all happy with their attitude and also it became apparent after making a SAR request to the OC

that no agreement had existed for some time.

 

I made a formal request to the DCA for the agreement which has been completely ignored

and their only response has been that my request is invalid

as the debt is for a current account with overdraft which I beleive to be incorrect.

Edited April 4, 2014 by Tiredngrumpy
Unfinshed

[oleg]

The claim form supports the fact that it's not a current account.

 

If it were, you would not have received a Default Notice but an Enforcement Notice.

 

They can't have it both ways, can they?

[Tiredngrumpy]

Thanks for picking up on that point oleg.

 

Following on from that; I'm not sure if it matters or not but the way that point 4 in the statement of particulars reads isn't factually correct..

 

The default was with Llloyds years ago and has since cleared off my credit history.

 

Since then I entered into a repayment plan with the help of Citizens Advice.

I was happily paying regular monthly payments for years until Idem stepped in.

I stopped paying only once the account was in dispute.

 

Point 4 makes it sound as if each 'breach' took place in a short space of time

and all whilst the debt was under their ownership.

- Not the case!

Edited April 4, 2014 by Tiredngrumpy
spelling

[Tiredngrumpy]

So can anyone comment on cases against Idem/Arden/Paragon please?

 

Any clue as to possible tactics they will employ?

 

Realistically what are my chances of success here?

 

I can't see that they've got a leg to stand on really from a laymans perspective

but I haven't been through the 'mill' before and could do with some reassurance from somebody with experience if possible please?

 

The way I see it is..

 

I SAR'd Lloyds and have a covering letter from them confirming 3 loans and also confirming no CCA Agreements.

 

There are also printouts from the SAR which show these loans, amounts etc.

 

.I also claimed PPI on these loans and have paperwork which states loans.

 

Idem in the first instance ignored my CCA requests,

then when I pointed out they were in the wrong

they decided the debt is linked to a current account overdraft.

 

Their statement of particulars states I had an agreement.

- So where is it?

 

Am I looking at things too simplistically here??

 

Thanks

[Tiredngrumpy]

Isn't there anyone who can help me out here please?

[dx100uk]

if the claim was issued on the 31st

you have weeks yet to sort things out.

 

33 days [inc date of issue]

 

members that can help are prob busy or not worried yet.

dx

[Tiredngrumpy]

Ok, it's just that I'm pretty much relying on this forum for assistance and it would be good to get an opinion from experienced members as to whether they think I have a strong case and if I should continue to defend it or not.

 

Also, I work unconventional shifts (12hr days and nights) aswell as having 2 young children so I don't have as much free time as some people to spend sorting things like this out.

 

The bottom line is I really don't want a CCJ against me right now and I'd be most grateful for another opinion.

 

[dx100uk]

havr you ack'd the claim yet?

 

dx

[AndyOrch]

"Also, I work unconventional shifts (12hr days and nights) aswell as having 2 young children so I don't have as much free time as some people to spend sorting things like this out.

 

The bottom line is I really don't want a CCJ against me right now and I'd be most grateful for another opinion."

 

Well unless you are prepared to put some time in on research and reading others threads on how they deal with it...you will most certainly end up with a CCJ for 6 years.

[Tiredngrumpy]

havr you ack'd the claim yet?

 

dx

 

No, not yet as you previously said I had plenty of time to deal with this. (33 days)

 

Also nobody has been able to give any constructive advice on whether I have a case worth fighting or not so in between shiftwork and looking after the kids I've been trying to read up and make a decision.

 

I have a few questions if somebody can help please?..

 

Can you change your "plea" at any point up to a court date? i.e. Could I decide to challange this and at a later date change my mind and decide to make payments to the dca if things aren't going well. - Would this be without penalty from the courts?

 

The court is in Northampton and I am nowhere near. Can I get this changed at all?

 

Thanks

[AndyOrch]

 

I have a few questions if somebody can help please?..

 

Can you change your "plea" at any point up to a court date? i.e. Could I decide to challange this and at a later date change my mind and decide to make payments to the dca if things aren't going well. -Yes Would this be without penalty from the courts? It may incur costs the longer you progress it but minimal as this is small claims track

 

The court is in Northampton and I am nowhere near. Can I get this changed at all? It is transferred to your local county court once a defence is submitted and if they wish to proceed

 

Thanks

 

Regards

 

Andy

[dx100uk]

and just to answer the other bit

 

don't forget you MUST register on MCOl

then ack the claim, defend all

with the details on the claimform

by the 18th

 

if my calc is right.

 

else you'll get a CCJ by default no matter what you decide later

[Tiredngrumpy]

Thank you both for the quick responses!

 

Your assistance is greatly appreciated.

[Tiredngrumpy]

Sorry, quick question..

 

At what point do you file a CPR 31.14 with the claimant?

 

I'm a bit confused by the timescales involved. Is it between acknowledging the claim and before the 28days for submitting a defence?

 

Thanks