Jump to content


  • Tweets

  • Posts

    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  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. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the 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.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   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.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
    • you still got that spreadsheet I did for you?   dx  
  • Our picks

yodabug

Idem Claim Form - halifax / Lloyds TSB credit cards***Claim Discontinued***

Recommended Posts

Hi all

 

Hope everyone is well.

 

Had this back recently - after months on inactivity on all accounts.

 

For a Lloyd’s credit card

 

This is the one and only sheet sent back from Idem.

 

Looks like an application form to me ?

 

Any help much appreciated.

 

Thanks for looking and Bon weekend !

 

Here is correct picture

Lloyd’s scan 2.pdf

Edited by dx100uk
merge

Share this post


Link to post
Share on other sites

Not compliant. Im guessing you got it from idem?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Thanks for quick response RI !

 

Yes indeed through Idem.

 

Thanks

Share this post


Link to post
Share on other sites

can you read that I cant!!


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

Share this post


Link to post
Share on other sites

No I cant read it - its terrible - but thats what they sent.

 

BOG ROLL !

Share this post


Link to post
Share on other sites

Nowhere near compliant. even if it was legible.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

what the debt history yoda..

if idem have it

sure as eggs is eggs there is something wrong with the debt.


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

Share this post


Link to post
Share on other sites

2002

long dropped of CRA

was paying payplan up until early 2018

then removed myself from the milking parlour - of recommendation by you kind folk

 

thanks

Share this post


Link to post
Share on other sites

Name of the Claimant ? Idem Capital Securities Limited

Date of issue – 15 Jan 2019

 

Particulars of Claim

 

1 ) Agreements between Halifax / Lloyds TSB and the cardholder ( D )

 

2 ) The balance of the accounts were legally assigned to the Claimant ( C ) 17/06/2015

 

3 ) D accrued balance *** A/C 1 Credit Card o/s bal £4500 A/C 2 Credit card o/s Bal £4500

 

4 ) D defaulted on payments

 

5 ) C issued Formal Demand requested payment dated 03/01/2019

 

6 ) Amount now due from D £9000

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? 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? Yes just to update them in case they hadnt got it

 

What is the total value of the claim? £9000 ( amalgamated two credit card debts )

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? both credit card

 

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

 

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? No

Did you receive a Default Notice from the original creditor? Not that i can remember

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

 

Why did you cease payments? advice from kind folk here

 

What was the date of your last payment? march 2018 ( via payplan )

 

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 management planlink3.gif? yes and I was with payplan until march 2018

 

 

 

Good evening Peeps and happy new year.

 

Ive just made a donation

 

I have just Received a Claim Form Today

 

I have received a cca back for the lloyds one pls see link : -

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?490321-Lloyd%92s-idem-CCA-return&p=5150881#post5150881

 

and was told it was illegible / incomplete.

 

Nothing from the Halifax one back.

 

Should I get two new CCA's running ?

and do I send them to the Claimant on Claim Form ?

( Idem Capital ) ?

 

I am doing a lot of reading at the moment of past similar case

s- but just uploading this bit, as I dont want to lose the draft.

( kids bed time )

 

This Claim form is the first real threatogram.

I have NOT received a PAP letter.

Edited by dx100uk
merge/format

Share this post


Link to post
Share on other sites

Hi fkofilee

 

I have just found a letter - not headed Letter of claim or anything but has following details -

 

Current Balance £4500

Original Vendor Lloyds TSB

Date your account was purchased by Idem - *** ** 2015

Balance at the point of purchase by Idem £4500

Date of agreement **** ****** 2002

Parties to the loan - **** *********

 

I cannot find the rest of paperwork - but it does say we are in the process of referring to our litigation dept.

 

so this COULD od been it - so sorry to confuse.

 

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

 

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

 

Hi just a quick question re : CPR 31.14 request.

 

With regards to the formal demand ( Part 5 of particulars of claim )

 

I thought ONLY the original creditor can issue a formal demand ?

 

Thanks

Share this post


Link to post
Share on other sites

can we have the particulars of claim

EXACTLY as they are written on the claimform please

that doesn't look like an IDEM POC to me.

 

dx


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

Share this post


Link to post
Share on other sites

hold off on rushing around sending CPR/CCA yet please..

 

dx


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

Share this post


Link to post
Share on other sites

Cheers DX !

 

This is EXACTLY as written - ** please note they have inserted two ' upside down question marks ' ( could be a typo ) - i have input these here as normal question marks.

 

1 ) Agreements between halifax / Lloyds TSB and the cardholder ( D )

 

2 ) The balance of the accounts were legally assigned to the Claimant ( C ) 17/06/2015

 

3 ) D accrued balance *** A/C 1 ? Credit Card o/s bal £4500

 

A/C 2 ? Credit card o/s Bal £4500

 

4 ) D defaulted on payments

 

5 ) C issued Formal Demand requesting payment dated 03/01/2019

 

6 ) Amount now due from D £9000

 

 

That is it Ad Verbatim.

 

Thanks

Share this post


Link to post
Share on other sites

thank you.

this could be fun as I doubt the assignments WERE on the same day...!!

 

do the usual

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]

 

 

….

 

you must send 2 CCA requests

one for EACH ACCOUNT


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

Share this post


Link to post
Share on other sites

Yes indeed should be a big bag of fun !

 

Yes will do all of that - thanks DX !

Share this post


Link to post
Share on other sites

Hi All

 

Probably a Silly question - I have filed electronically on MCOL - adding in my email and phone details on the form. Are these ' visible ' to the claimant ? ?

 

As I do not what them having my details ? ( and only just thought about this )

 

Thanks

Share this post


Link to post
Share on other sites

No if you did it on mcol website

Just dont put them on their copy of the n180


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

Share this post


Link to post
Share on other sites

Can I please check my defence file date --

 

on claim form I have 15th January -

so plus 33 days comes out as sunday 17th February.

So I have worked it as the preceeding friday 15th february.

 

( its just the acknowledgement of service pack says 28 days )

 

thanks again

Share this post


Link to post
Share on other sites

Already explained in post 16…….......


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

Share this post


Link to post
Share on other sites

Good Morning All

 

just using my downtime reading a lot of cases. Just a quick question - as I'm preparing my defence.

 

they have stated in theyre POC.

 

D defaulted on payments

 

Because they have not worded ' Issued a Default notice ' should I use something like this....

 

Paragraph 2 is denied I do not recall the nature of any breach Therefore I have sought clarity by way of a CPR 31.14 request sent signed for ***** and shows as received signed for ***** The claimant has yet to comply.

 

or just go with the standard default response of :-

 

Paragraph * is denied. I am unaware of any service of a Default Notice pursuant to section 87 of the consumer credit

Act 1974. I have sought verification from the claimant regarding this matter and they have been unable to comply.

 

Thanks again.

Share this post


Link to post
Share on other sites

probably the latter but no rush yet

not due till the 15th


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...