Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • You were asked for the particulars of claim, which I can’t yet see.    Posting your defence (without the particulars of claim) isn’t that helpful : the aim is to tailor the defence to the PofC, highlighting which areas aren’t in dispute (so the court doesn’t have to waste time on them, and can focus on the key areas), and which areas you can (as a matter of critical importance) show where the claim fails on matters of law.   ideally their PofC would be numbered, and you could go through line by line....   <\example> 1a) It is admitted a loan of £x,000 was granted on <date> 1b) It is denied the loan was made to Person X. The Claimant is mistaken, as in fact, the loan was made to Company Y. 2a) It is admitted in part that payments were made. To clarify, payments ceased on <date>. The claimant’s belief that payments were made after <date> is denied. 2b) Given more than 6 years have elapsed (with no payments nor admission of debt) ... <Staute barred text> (Points 3-7, more “denied”, “accepted”, “accepted in part, with bits denied”, and also “neither accepted nor denied, but claimant is put to strict proof thereof”) it might not be point 7, but you get the gist ..... In the alternate: (again, may not be point 8 but numbered sequentially and logically) 8a) It is admitted a note was signed by Person Z on <date> 8b) This note was not executed as a deed, and no consideration was received in exchange for it, thus no enforceable contract can be formed by it. 8c) Thus the claimant’s action in contract is fatally flawed, and bound to fail in the absence of an enforceable contract. 9) The Claimant's claim to be entitled to payment of £[insert figure from their  POC]  or any other sum, or relief of any kind is denied. <\end example>     The aim is to make it simple enough for a child to follow..... a) it impresses the court, b) it focuses on the key issues at law. Both of these are adding to your credibility and making it easier for the court to see the legal basis for your defence, altjough c) when faced with this the claimant may see sense and withdraw (although, after so long ... I somehow doubt it!)      
    • Thank you I have already started that process the universal credit housing costs won’t even cover half the rent and as you know this process takes a long time.   I am also pretty sure my landlords have a UK mortgage as they used to live in the house we now rent from them if this is the case would they be entitled to the same rights even though they are based over seas now?    
    • Hi, thanks again for your help. I'm a courier; the insurance companies always stuff us.   Thanks again for everyone's help, I'll keep the post updated.
    • This thread is dancing around a bit – and frankly so are you. The question as to whether or not it is worth bringing an action for £40 is completely up to you. You still haven't told us who the business is and I suppose that you are trying to protect them.  Very noble. Bravo You have absolutely the right to recover your £40. If you are dealing with a business then it is the legal responsibility of the business to get the delivery to you. Even if the item has been delivered to the wrong address, it is still up to the business to take responsibility. As I understand it, you have been trying to contact the business and there has been no response. I must say that simply this element of your transaction – the lack of engagement by the seller – the would make me want to hold him to account. If the seller started to engage in a reasonable dialogue with me and also appeared to take some responsibility such as checking up on the courier himself, I might feel less disposed to bring an action for £40 – particularly in the light of the current crisis when I'm quite sure that things will be more difficult and take much longer time. We all know that transactions go wrong and for me the test of a good business is their response when they do go wrong. Simply to fail to contact the customer in response to enquiries or to show any further interest I think is a real abrogation of responsibility. It is not at all consumer-facing and it is businesses with this kind of mentality that need to be brought to book.   However you have a fundamental problem – and it is that you don't know where your proposed defendant is. You don't know his residential address. You don't know his business address. You don't know where his assets are. Without this, your chances of enforcing a judgement are zero – and in fact despite the fact that you have the right to bring the claim, a claim must be directed to a proper postal address and you don't have the information so it will be impossible to issue the claim. You can certainly send your letter of claim by email – but what's the point? You won't be able to follow it up with the claim. If the seller has managed to transact business with you without disclosing any clue as to his whereabouts – and if he also fails to respond to any of your messages, then you are being mocked. You say that you are irritated. Doesn't this irritate your sense of principle even more? This is another reason why you should stop protecting the seller and let us know who it is. You may well find that somebody else will visit this thread and provide some useful information which will help to move you forward. You should also give us the name of the different company which appears on your credit card statement to have been the recipient of the money. This could be another way of tracking him down.
    • So claim Universal Credit, which can include private housing rent up the Local Housing Allowance limit.   Foreign landlords may have mortgage loans through offshore Banking arrangements, so not the same as UK residential mortgage.
  • Our picks

chess321

Idem and Egg credit card - GDPR Data request rules what to ask?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 432 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

GDPR,

 

In 2018 I sent a request for CCA/Prove it letter to Idem they never replied or sent the info back. However they kept sending letters/calling to contact them etc, duly ignored as the CCA request was not fulfilled. About 10 weeks ago they sent a letter stating that as they could not get hold of me they decided to pass ALL my details to a company called “callresolve”. After 5 weeks I received a letter from callresolve stating that my details were passed on to them by Idem and that they will send someone over.

 

About 2 weeks ago a lovely (sarcasm!) gent arrived at the house, all with a long black coat (not making this one up I swear) and a lovely badge from “Callresolve” anyhow, as he did not look like your average postman, I asked what he wanted. He said before he could tell me he had to “confirm” my details… I said “ah ok that would be good” and he started “if I could confirm the address” (yes that was right on the front door), I looked at the house number and pointed out at the street sign outside….

 

He said it was process, then (and this is where it gets quite interesting) he asked for my Date of Birth (to which I replied , I had one and I was happy with it). Anyway at that point I also added that he could “Jog on” and to ensure his coat would not get stuck on the porch.

 

The question is, as Idem ignored any “prove it letter” or even CCA and without my authorization they passed on my private details to a third party. Are they in breach of GDPR guidance. As I thought under the new regulation ALL information can only be passed to third parties with someone’s explicit agreement (I never gave that agreement to Idem.

 

I also got rather annoyed and called Idem, told them that I was still awaiting for the CCA and prove of debt (i.e deed) they said they were not obliged (rightly so I believe, ) to send me the deed of assignment however I asked them if they could confirm and send the confirmation of when they told me of their “Ownership” of the debt, they stated as it was sent in 2009 they did not have a copy (?)

 

Could someone confirm what information I could ask for and if anything else I should be weary of? Idem seem to have got hold of a phone number which I seldom use, and also an email address which I used to set up a DMP years ago (but was still going on last year but NOT for Idem)….are they under obligation to let me know how they got hold of my data and who provided to them?

 

Is there a template for GDPR ? and also what is the process to lodge a complain and to whom? The ICO (from what I can read, would limit itself to “remind” Idem to comply with requirements)

 

Hope the above makes sense!

Share this post


Link to post
Share on other sites

Yes makes sense...

No they are not in breach - There is a legitimate interest to recover a debt outstanding.

Regardless if it is disputed...

 

ICO makes a case study for their guidance which includes a debt needing to be paid...


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Share this post


Link to post
Share on other sites

if you sent idem a cca and they have not complied IGNORE THEM.

stop entering into stupid letter tennis!!

 

until/unless you get a letter of claim from one of their favourite fake/tame solicitors.

 

as for recolvecall or snortscrawl [sorry scotcall as they were previously known] powerless and zero powers like all DCA's.

 

what was the debt please

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Debt was for an old CC with Egg, taken in 2006 …

Idem said they will send the CCA asap (seemed confident they got it)...but would not provide the deed of assignment and were doubtful would be able to prove of any prove of assignment and I quote

" as we purchased the debt in 2009 we are unluckily got a record of any notification"...

 

I know I am rushing a bit but IF they can prove the original CCA would they also have to provide anything else to demonstrate they own the debt?

 

In fairness I am more annoyed they can share details with third parties even when an account is in dispute.....

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

moved to the egg forum..title updated for clarity.

 

not sure where you are getting the deed things from, neither the part about not being able to pass details on??

you signed up for it on the original agreement.

 

have idem failed a proper CCA with a £1 fee as our CCA request?

or did you send them some other stupid letter and from elsewhere

 

if idem have failed your CCA

end off the issue.

 

as post 3 PAP letter of claim = if not sit on you hands.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...