Idem claimform - lloyds mastercard

[dx100uk]

defence was due Friday by 4pm.

 

default notice sentence cant be right

it was defaulted in 2015 before sale to IDEM,

 

and have they refused IDEM refused your 31:14?

[welshandproud]

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?

[dx100uk]

no you are a litigant in person LiP

certain leeway is given.

put the true version up

get in checked an file today.

[welshandproud]

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.

Edited February 24, 2019 by welshandproud

[dx100uk]

no that's still pants with regard to default notice and NOA

 

read this thread which I found by simply searching in the search CAG box of the top red toolbar line their POC para 2

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?467756-Idem-Claim-Form-Old-Bank-Of-Scotland-Credit-Card***Claim-Dismissed***

[welshandproud]

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.

[dx100uk]

IDEM acknowledged they were unable to supply a copy of the agreement and acknowledged until they could do so the agreement cannot be enforced.

 

have they?

[welshandproud]

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

[dx100uk]

but they did so you cant say that.

 

put something ike

IDEM complied with my CCA request of [date] with some documents that failed to comply with the act.

[welshandproud]

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.

[dx100uk]

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 had previously complied with a 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

 

cpr is not under the cca.

 

amend to blue bit above too

[welshandproud]

thank you so much for your help.. i'll keep up dating and will be donating soon.

[dx100uk]

i'd let andy check that over 1st,

[welshandproud]

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.

[welshandproud]

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. 

[AndyOrch]

Appears to be their lates tactic at the moment...heres another..

You cant request a stay on the N180 small claims track...only N181 Fast Track ?

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688466/n180-eng.pdf

[welshandproud]

Morning guys update this week had a letter back from court, they have now passed to my local court, just waiting on a date from them now..

[AndyOrch]

Notice of Allocation N157 next on your list then...this will contain the courts directions and dates.

 

Andy

[AndyOrch]

Thread open

[welshandproud]

Thanx Andy

[welshandproud]

Hi guys an up date, i forgot that i had a court date set for 31st of jan, it was only the other day when i got a copy of Idems papers that it reminded me, that got i still got a few weeks to go.

 

not sure where to start to be honest i've never done any thing like this.

i was paying them up until june last year via step change. 

 

1. i've still not had a copy of the signed and dated T&Cs

 

2. the T&Cs have the wrong address on it from when i opened the Credit Card it has my current address, Does that matter?

 

3. only 3 copys of statments, not all of them? does that count?

 

4. they say they never had a copy of the CCA i sent in Feb, but i have a print off from royal mails web site of someones signature and name.( i sent it signed for) and they sent a letter back.  dated for Feb.

 

not sure of what to do, do i take their offer of payment plan?

or have i got a case?

 

 

[dx100uk]

i really do think idem are funny sometimes, they always pull every stunt in the book they can to try and make out they are some hard nosed magically super powered DCA, when in all reality it just makes them look foolish and desperate when they know they haven't got a leg to stand on in most cases.

 

to say you've made some very serious accusations about them in this case is the best I've seen them spout out to date, when they do this purposefully themselves regularly everyday to debtors.

 

however its their usual trick to try and divert your attention away from the facts....in this case, they've no enforceable CCA, they've no default notice and a bunch of statement and accusations of you supposedly breaking this and that rule doesn't cut it i'm afraid.

 

it's a begging letter ..agree to give us something before we have to discontinue as this kite we are flying will soon crash into the sand as the judge wont be blowing any hot air to keep it aloft.

 

dunno why they persist in being so stupid in this claim, it's a 1996 takeout date, not a chance in hell they would ever get any paperwork and they know they should have never started the claim. just hoped you'd revert back to being a mug that would then wet themselves when the claim landed as you'd blindly paid for so many years.

[welshandproud]

How do I start my defense, just incase they try and go for the court.

Just a simple they have no signed T&Cs, wrong address, haven't fulfilled the CCA? 

I'm really no sure what to do or go about it.

[dx100uk]

you filed your defence months ago.

 

dx

 

[welshandproud]

so that was post #35..

i'm not sure if i sent a copy to idem? should i send 1 to them just in case?