Idem/? Claim Form - Old Bank Of Scotland Credit Card***Claim Dismissed***

[SaveTheSheck£es]

Today I received a Claim Form for an old Bank Of Scotland Credit Card debt that had been passed on to IDEM Securities Limited.

 

I had been sending regular monthly payments to Idem via Standing Order, last payment sent was January 2016.

 

I had sent a signed for CCA Request on 28 December 2015 to IDEM SERVICING.

 

The reply to my CCA request was:

IDEM acknowledged they were unable to supply a copy

and acknowledged until they could do so the agreement cannot be enforced.

 

in March 2016 they wrote again saying they have now received a copy from LLOYDS BANKING GROUP and enclosed a copy.

 

No signatures whatsoever are shown and just a print off of Repayment and Interest Charging, all looks like a generic print off.

 

I never made any communication whatsoever with IDEM from this point.

 

They tried phoning me daily and leaving messages on my answer machine which i never responded to.

 

They then wrote to me in April 2016 saying they were unable to speak with me.

 

Then they wrote in May 2016 saying they are keen to speak with me.

 

Then on 14th July they wrote saying account transferred to Litigation.

 

Today I received the County Court Claim Form with Issue Date 27 July 2016.

 

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

 

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

 

I also at this moment have a Claim Form going on with PRA-Halifax(LLoyds) which i have a thread on the forum,

i have filed defence on that, and awaiting the 28 days to see if gets stayed,

so i already was aware with MCOL and defend all being way to go.

 

I thought it would still be worth while posting a new thread with this particular claim that has arrived today,

just incase any different cause of action is best,

both cases are very similar intruth as both have not provided a true copy of CCA.

 

Any help/advice as always truly appreciated!

 

Thank you

[dx100uk]

can you fill this out please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[SaveTheSheck£es]

Name of the Claimant ? IDEM CAPITAL SECURITIES LIMITED

 

Date of issue – 27 JULY 2016

to acknowledge) = 14 AUGUST 2016

to submit defence = by 4pm 26 AUGUST 2016 (33 days in total) -

 

What is the claim for –

Particulars of Claim:

1) An agreement between Bank Of Scotland Credit Card and Defendant/s (D) subject to standard terms and conditions

2) Claimant © purchased the debt on XX.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 became immediately due and payable,

Formal Demand issued dated XX/07/2016

5) D has failed to pay the outstanding balance of £3, 259

 

What is the value of the claim? £3, 524

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account?credit card

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

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. IDEM

 

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

Did you receive a Default Notice from the original creditor?

NOT THAT I CAN FIND .

. I HAVE A LETTER THREATENING TO ISSUE ONE IF ACCOUNT NOT RECTIFIED IN 7 DAYS BACK IN 2002,

BUT NEVER REMEMBER ACTUALLY RECEIVING A DEFAULT NOTICE.

 

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

Why did you cease payments?

REQUESTED CCA 28 DECEMBER 2015,

RECEIVED REPLY FROM IDEM COULD NOT PROVIDE IN JANUARY 2016 SO STOPPED PAYING.

THEN MARCH 2016 THEY SENT ME A GENERIC PRINT OUT WITH NO SIGNATURES ON,

TRYING TO PASS OFF AS A CREDIT AGREEMENT.

 

What was the date of your last payment? JANUARY 2016

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 managementicon plan?

YES I WAS PAYING FOR FEW YEARS VIA DMC

[dx100uk]

please note the amended dates above

 

ack the claim on MCOL

defend all

leave juris unticked

 

get a CPR 31:14 running to the sols.

 

dx

[SaveTheSheck£es]

Hi dx,

Thank you for editing my post to show answers in Red, and also the amended dates!

 

The amended dates is that due to the last 2 days of the 33 being a weekend (Sat/Sun) so amended to the Fri 26 August 2016?

 

I ack the claim on MCOL yesterday, defend all, Juris unticked.

I will post CPR 31:14 via Royal Mail Signed For, sending to IDEM Litigation Address on Claim Form either today or Monday.

 

Many thanks for the help dx, very much appreciated as always.

[dx100uk]

33 days is the 28th

yes you'll need to file by close of play friday

[SaveTheSheck£es]

Thanks dx

[SaveTheSheck£es]

UPDATE:

CPR 31;14 showing as received and signed for 05 AUG 2016 ... As yet no response.

 

I need file defence by 4pm this Friday 26 August 2016.

 

Couple questions i need ask please.

(1) Particulars of Claim mentioned .. Formal Demand issued dated XX/07/2016

i received a standard letter titled Outstanding Balance does this constitute a Formal Demand?

I ask as want to reply in defence to this.

 

(2) What i received in relation to my CCA request is a joke what they are trying to pass off as a credit agreement.

 

I will upload and post these docs after editing so can be viewed .

. i post them docs in a multi pdf when get a chance.

ORIGINALLY they can't find anything and admit it, now all of a sudden this rubbish has surfaced:lol:

 

also i see a letter of assignment was dated to me following the actual date of assignment .. does this have any bearing?

 

Thanks

[martin2006]

Type your thread title into the cag search bar above for like threads and you will find defences used by others. Note its not simply a copy and oaste excercise, you must edit to counter the statements on your PoC and ensure it matches paragraphs

 

also i see a letter of assignment was dated to me following the actual date of assignment .. does this have any bearing?

 

Thanks

 

Has no bearing, it would have to follow the actual date of assignement, it would have been dodgy if the notice of assignment was before it was actually assigned

[SaveTheSheck£es]

Type your thread title into the cag search bar above for like threads and you will find defences used by others. Note its not simply a copy and oaste excercise, you must edit to counter the statements on your PoC and ensure it matches paragraphs

 

 

 

Has no bearing, it would have to follow the actual date of assignement, it would have been dodgy if the notice of assignment was before it was actually assigned

 

Thanks Martin,

So that's all in order, i only have vague recollection of receiving notice of assignment though

[dx100uk]

need to see the CCA return

[SaveTheSheck£es]

I have just found attached to the back of some statements another CCA they have sent .

. both CCA differ and both have no signatures,

no card reference whatsoever and just a load of generic charges

 

Both agreements have been manufactured as is obvious,

at top of both CCA's my name and address have been removed for upload purposes ..

both CCA's differ on appearance.

 

I will post 2 PDF to show the 2 CCA's, each PDF will relate to each CCA received.

 

PDF 1 will be 1st CCA and also include the letters i received that stated firstly could not find a CCA, then 2nd letter now have.

PDF 2 will be 2nd CCA.

 

Receiving 2 totally diff CCA's both set out differently .. both no signatures .. both no card reference .. surely very poor?

 

Any help/guidance on this very much appreciated

 

Thanks

IDEM-BOS-NO CCA-THEN THIS-edit.pdf

2nd-CCA-Different to 1st.pdf

[dx100uk]

urm I wonder if this was a preference account?

 

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=halifax+preference+card&sa=Search+CAG#gsc.tab=0&gsc.q=halifax%20preference%20card&gsc.page=1

[SaveTheSheck£es]

urm I wonder if this was a preference account?

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=halifax+preference+card&sa=Search+CAG#gsc.tab=0&gsc.q=halifax%20preference%20card&gsc.page=1

 

I have no idea what a preference account is will look it up dx

this was a full blown credit card with 3.5K credit limit back in 2002

 

Affinity Mastercard Statements Bank Of Scotland are original statements back in 2002

 

2013 was still receiving statements titled your credit card statement

[dx100uk]

urm.. most of those were sold to MBNA

 

should be some other CCA PDF's around on this site to compare against

but the bottom line ids what you have upload is pants.

 

no signatures and for 2002

that's a requirement.

[SaveTheSheck£es]

Thanks dx,

I hoped you would confirm them as being bog-roll

[SaveTheSheck£es]

I need draw up the defence for this claim which is due by 4pm this coming Friday.

Will post what done before submit

[SaveTheSheck£es]

Defence i plan to submit if looks ok, any help appreciated as always, many thanks.

 

Particulars of claim (for reference only)

 

1) An agreement between Bank of Scotland Credit Card and Defendant/s (D) subject to standard terms and conditions

2) Claimant © purchased the debt on XX/XX/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 became immediately due and payable,

Formal Demand issued dated XX/XX/2016

5) D has failed to pay the outstanding balance of £XXXX.XX

 

 

Defence

 

The defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out his case below and relies upon CPR 16.5 (3) in relation to any allegation to which a specific response has not been made.

 

1. Paragraph 1 is accepted I have in the past had financial dealings with Bank Of Scotland however I requested clarity by way of a section 78 request, sent signed for XX/XX/2015 and shows as received XX/XX/2016. The claimant has yet to comply and therefore remains in default.

 

2. Paragraph 2 is vaguely remembered I do recall receiving something purporting to be a Notice of Assignment in accordance with S136 Law of Property Act 1925. Therefore I have sought clarity by way of a CPR 31.14 request sent signed for XX/XX/2016 and shows as received signed for XX/XX/2016. The claimant has yet to comply.

 

3. Paragraph 3 term of the agreement, I requested clarity by way of a section 78 request, sent signed for XX/XX/2015 and shows as received XX/XX/2016. The claimant has yet to comply and therefore remains in default, also clarity by way of a CPR 31.14 request sent signed for 16/06/2016 and shows as received signed for XX/XX/2016. The claimant has yet to comply.

 

4. Paragraph 4 A Formal letter was received with a quote of Outstanding Balance dated XX/XX/2016.

 

5. It is therefore at this time denied with regards to the Defendant owing any monies to the Claimant, and the Claimant is therefore put to strict proof to:

 

(a) show how the Defendant has entered into the agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show evidence of any breach and service of a Default Notice and subsequent Notices of sums in arrears

(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, 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 82A of the consumer crediticon Act 1974.

 

7.By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

[dx100uk]

it might pay you to not give them an insight to your though about what you might have received

 

 

just file the std no paperwork holding defence

they were vague

you return the compliment....

[SaveTheSheck£es]

STD HOLDING DEFENCE NO PAPERWORK EDITED TO SUIT ... does this look more appropriate dx?

 

Particulars of claim (for reference only)

 

1) An agreement between Bank of Scotland Credit Card and Defendant/s (D) subject to standard terms and conditions

2) Claimant © purchased the debt on XX/XX/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 became immediately due and payable,

Formal Demand issued dated XX/XX/2016

5) D has failed to pay the outstanding balance of £XXXX.XX

 

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 & 2 are noted I have in the past had financial dealings with Bank Of Scotland, and vaguely remember IDEM being made assignee

 

3. Paragraph 3 Notwithstanding the above, requests for information pursuant to the consumer credit Act (section 78) and CPR 31.14 were made.The (section 78) request was sent on XX/XX/ 2015, and shows as received XX/XX/2016 ..

CPR 31.14 request was sent signed for XX/XX/2016 and shows as received signed for XX/XX/2016. The claimant has yet to comply.

 

4.Paragraph 3 & 4 & 5 As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5.On the alternative, if 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 82A of the consumer Credit Act 1974

 

 

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.

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

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.

[dx100uk]

i'd like andyorch to comment on this one

 

we don't actually have a historic defence for idem

well we do

but in this POC

they mention nothing about debt purchase or assignment to them...

 

like input before we move this further fwd.

 

however...I don't like that defence...doesn't seem to be one of ours ...

 

dx

[SaveTheSheck£es]

Thanks dx

 

Always appreciate the headsup and must be approved for sure

 

I will check back in later today and see if there have been any suggestions made to defence

 

All guidance is always appreciated!

 

Thank you all

[AndyOrch]

Responding to your PM

 

I would stick with post#18 but there are serious errors contained with the claimants particulars which I would challenge.....

 

 

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

 

Claimant is not entitled to anything as no agreement was ever entered into with them..the original creditor yes.

 

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 XX/XX/2016

 

Claimant didn't issue a default notice because they didn't own the debt or were legally able to ever issue a default notice

 

 

2) Claimant © purchased the debt on XX/XX/2015

 

Regards

 

Andy

[SaveTheSheck£es]

Responding to your PM

 

I would stick with post#18 but there are serious errors contained with the claimants particulars which I would challenge.....

 

 

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

 

Claimant is not entitled to anything as no agreement was ever entered into with them..the original creditor yes.

 

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 XX/XX/2016

 

Claimant didn't issue a default notice because they didn't own the debt or were legally able to ever issue a default notice

 

 

2) Claimant © purchased the debt on XX/XX/2015

 

Regards

 

Andy

 

Thank you Andy for your very kind prompt reply.

Should i list those points mentioned in the defence #18?

If so how best to set defence out to include? Any help how to list would be well appreciated

Idem were Assigned does this make any difference to points mentioned?

Sry for all the questions, fully see the points made and very much appreciate the headsup for sure.

 

Many many thanks

How should i best go about include them in defence #18 if Assigneee does not have a bearing?

[AndyOrch]

Hold fire sheckles...your 1/2/3 and 4 require a complete redraft....as Dx stated this is a new beast for us...I will look at it this evening and redraft your post#18