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Idem claimform - lloyds mastercard

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Hi guys

a pointer on this one please,

 

i sent off a CCA on 28/06/2018,

had the normal letter back saying they couldn't find the T&C/Contract but will carry on looking.. roll over to Friday 21/9 i get the T&Cs in the post..

 

there are 2 things that is wrong in the T&Cs,

1 the address is my currant one and not the address when i opened the Acc and

2 the £10 yearly charge that i know wasn't on there,

also my signature is not on there at all,

 

the Acc was opened in 95.

i think what they sent me is all kack.

what would be the way forward on this?

 

sorry forgot to add.

 

Thanks for pointing them out.. i've redone 1 & 2

docs1.pdf


Andy

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CCA in june 2008? are you sure about that date or is it a slip if the finger?

however as the contract was prior to 2007 they should ahve included all of the original paperwork and not just the basic bit they ahve . They are not the original terms because the telephone numbers arent correct for the time (well pre april 1995) so a reconstituted offering

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pdf's merged in post 1

thread tidied

 

wheres your sig too

what muppets no that's just a set of T&C's

 

whats the history?

is it on your credit file? I doubt it?

last payment?

 

dx


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Hi i was paying Lloyds up until 2010, then i got in to difficulties and took advice from the CCCS in 2010 up until march of this year... its not on my credit file.. safe to ignore?


Andy

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so you've not paid within 6yrs?


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so you've not paid within 6yrs?

 

Sorry I ment to add I was paying via the CCCS in til March of this year


Andy

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ok

i'd let this run

 

see where they go .


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sorry had to hide your uploads

name clearly unredacted on one

and we know what a claimform looks like so we don't need to see that either.

 

thread moved to legals and thread title updated re the claimform….

 

please complete this:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do-**UPDATED-Jan-2019**(1-Viewing)-nbsp


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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.

Edited by Andyorch
Amended PAPDC

Andy

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no doesn't say letter of claim nor have a response pack with an I&E to complete

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice-1st-Oct-2017(1-Viewing)-nbsp

 

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]


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usual rubbish idem poc I see - Claimant issued a default notice - no they didn't they are not the original creditor and cant issue default notices...


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Single Premium PPI Q&A Read Here

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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.


Andy

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well you can send a new cca if you wish ...no harm there.

 

get post done


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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?


Andy

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yes bottom of post 13

 

…,then use your time wisely before that date

 

search CAG box of the top redtoolbar

 

claimform card.

 

the more you read the stronger we become

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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that's interesting one if they get the address wrong in the reconstituted agreement, is the agreement valid?

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that's interesting one if they get the address wrong in the reconstituted agreement, is the agreement valid?

 

Must have the address at the time of inception


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Must have the address at the time of inception

 

surely if you mention that to them, all they will do is change to correct address at the time. ??

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Then dont mention it ...save it for your witness statement.


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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?


Andy

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Did you not find anything suitable with the 1000s of holding defences in the following link.....I noticed you had viewed quite a lot on the 27th Jan your last visit.

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

Andy


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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.


Andy

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