Some advice regarding IND ltd

[Marty2018]

Hi

I'm hoping you can offer some advice today I answer my door to be served this letter as attached.

This is the first time I have heard of IND so I called them up to ask what it was about and irs to do with Lloyds TSB.

I had a dispute with TSB over charges on my account going back to around 2007 and I was in communication with them via letter to resolve the issue they stopped replying.

Move onto now 2018 and I get the letter attached arrive the only letter I have ever recieved regarding any outstanding amount so I called IND to find out what it was about they informed me the account had gone into default 15th August 2008 and a CCJ was logged by them against me on 20th Feb 2012 however I'm unaware of any of this.

IND have said they have sent letters I asked them where to and it was my previous address ( my parents) and I have not lived there since I was 19 ish I'm now 35 so a good 15 years I've asked my parents if they have received anything over the years regarding it and there has been no letters recieved they have always passed on any mail to which I've had none for years now as everything on my current address which it has been for around 10 years.

As you will see by the letter i have been summoned to court on the 4th April 2018 to attend a hearing i have had no previous correspondence with IND and last I knew of the accoun I was in dispute directly with Lloyds TSB around 2007 and never heard anymore from them now 11 years later I receive a court summons that was served to me on my door.

I have not had the opportunity to corrispond directly with IND as this is the first I know of it.


what do I do regarding this as it seems crazy I can just be taken strait to court without even being able to communicate or defend myself prior.

I have looked on my credit file and a CCJ is present 20/2/2012 It's dated but never thought I had any credit issues as I have a credit card from Barclays its always been paid on time and had no issues there so as far as I was aware I had good credit as I've never had any issues getting credit even when I bought a new car around 5 years ago got finance and paid it all off so never thought there was an issue with my credit.

The issue I have is I no longer have any of the corrispondance letters from llyods TSB as we talking 10 years ago they are long gone so what do I do with this what is the best course of action

hope you can help and advise

[Amethyst]

Just to confirm, this is the first letter you have ever received relating this account and CCJ ?

Goodness. You should give the court a call and ask them if they can send you the documents relating to this CCJ and any subsequent enforcement application and ask them the address where any documents have been sent to, as this is the first thing you have received.

You will then quite quickly need to get an application to set aside or vary the judgment into court to stop enforcement. It sounds like they are going for enforcement now as they are near 6 years from when the judgment was awarded against you ( on the plus side, if there is one - it will come back off the register at the end of february - if it moves over to your current address )

£2350 ish judgment, Lloyds TSB overdraft originally ? Are you certain this is the same debt ?
Where did you live when you were arguing with Lloyds about charges ? ( I mean at your current address / at your parents / somewhere else ( which may be where documents have gone )

[Amethyst]

The reply form with that letter is it the N56 Statement of Means ?



For ref/ease of access later these are the N244 & N245 forms

Application for suspension of a warrant and / or variation of an order N245 https://formfinder.hmctsformfinder.j...k/n244-eng.pdf N244

[Marty2018]

Hi

Thanks for the reply this is the first I know of it and I did call the courts earlier and the bloke I spoke to could not make sense of the notes as the only addess he has is my current addess however haven spoke to IND they said it was sent to previous address (my parents) who still live there.

I have never heard of IND and googled them I have been at this current address nearly 10 years now and have never recieved any documents relating to this and neither have my parents I did call out with my parents for a while but they always passed any mail to my partner for me.

The 2 forms I have received are N63 and N56 am I ment to fill them out I haven't got a clue what to do.

The origional issue going back to TSB was an overdraft and how I had to pay from memory £10 a month for the account I had it come to the day before my pay day and they took the £10 from my account to pay the account charge this then took me over my overdraft and they then charged me £75 for going over. I went into the branch and contested the charges as the account had always bee well managed as was an origional early saver accunt which I had from around 8 years old it got updated as I got older so I had the account for a lot of years with no issues and I complained there charge was excessive and unjust.

i was in communication with them via letter and they stopped replying regarding it and now 11 years later I get this court summons and nothing mentioning it inbetween so I've had no chance to even commnicate with IND regarding this matter.

[Marty2018]

Forgot to add from memory the total was £1500 back then it's been that long I can't remeber exact figure and any paperwork I had to it has long since been distroyed as it's so long ago I heard nothing for years so thought it had been squashed as my last letter was asking them how they justified the excessive charge for the account going over the overdraft for less then 24 hours as they could see my account history and I was due to get paid the following day which I did which then put the account back into positive balance well below the overdraft limit.

I just can't see how I can hear nothing for all these years and since then I have bought a car on finance (paid off in full) i also currently have a credit card with a high credit limit that has never ever had a late payment had that around 4 years so never dreamed there was any issues on my credit file it's only today when I looked I see a CCJ logged against me in 2012.

How can a company do this as the dispute was never resolved with Lloyds TSB they stopped responding.

I have been having a Google on IND and they seem a complete headach to deal with

[Amethyst]

RIghtio, well, that must have been an absolute shock for you to open this morning !

First thing is to deal with the Statement of Means, as you'll see from the letter, it carries quite dire consequences for non compliance. Really depends whether you want to fight it ?

Firstly - are you in a position where you could just pay this off ? (ignoring the principle and unfairness for a moment).

If you applied to set aside the judgment it would enable you to defend the original claim. You'd need to show it was served at the wrong address and that there was no legitimate reason it should have been served at that address. You could, once set aside, then settle the 'debt' or go on to defend the case. The risk would be that you lost the defence ( bank charges is in a bit of limbo at the moment - there is progress but nothing concrete action wise as yet ) - then another CCJ would be awarded which would be applied correctly and show on the file for 6 years, and potentially incur further costs. You could pay it off within 28 days so that it wasn't registered if you were in a position to do so.

YOu think there was about £1500 legitimate overdraft when you stopped using the bank, or was it just this £75 disputed charge left sitting there, with £10 charges coming out each month for the packaged account, interest and further overdraft charges? I know you won't recall exactly, for now all you have to go on is memory - once you've got the immediate threat out of the way you can send a Subject Access Request to Lloyds ( or HBOS - they do keep changing who does what in Lloyds & TSB ) for full details of transactions and what happened with the account to help with your defence later.

I wonder if the Judgment was registered at a previous address ( parent's address maybe) and never got linked to you on the credit file until recently when they traced you to your current address for the process server to visit. It comes off the register 6 years after the judgment so it seems it will come off next month, so it would be a shame to end up with it reapplied.

Have you kept an eye on your credit file at all, or just never checked it? Seems unlikely you'd have got your car finance at a sensible rate with a CCJ on your file so I'd guess it's only been linked to you very recently.

Then there's the potential to settle it direct with IND ( you'd probably rather spoon out your eyes at the minute I know) you could try and negotiate a reduced settlement, but seems unlikely from the attitude you have had from them so far.

Otherwise complete the N56 and return it with an offer to pay.

It is wonderful how customer loyalty stands for absolutely nothing these days, had TSB reversed that charge, or even just taken the account charge on the right day ( after payday) there would have been no issue and they'd still have a customer.


pt2537 Celestine

[Marty2018]

Forgot to ask do I have to fill in the N56 form or what do I have to do as I contest the fact of the time scale and how I have had no previous letters from anyone just this summons.

or do I just leave it all and turn up at court and give my side of events that I have recived nothing but then that's my word against there's I have no proof I never recieved anything only the fact they said it was sent to my parents address and not my address and my parents have assured me any mail that has been sent to there address has always been passed directly to me or via my partner when we was not talking.


Advice on what to do next and how to go about it as I'm clueless what to do I think it' disgusting they can just do this to people drag them into court strait off.

[Marty2018]

Thanks for you latest reply ignore my last post because it was before I see your lengthy reply.

I would honestly sooner poke my eyes out with cocktail sticks then pay them the amount that they claim is owed however if they was to revert back to the origional balace that was owed when they took it over so they informed me which was £1600 ish I would happily pay it if they can prove that is the amount i owe I'll pay it no issues there however the issue I have is since they have had no reply from said letters they sent and I never recieved they have lumped a load ontop which I do not agree with.

If I had recieved there letters then I would of been able to deal with them directly and it could of been sorted if I owe it and can prove the amount I'll pay it but no way do I owe the £2300 They are now demanding thats the bit that has really got me.

I don't currently have £2300 Just laying about I could however clear the origional balance of £1600 if they can prove that is what i owed as I honestly cannot remeber it being that much but it's so long ago now it' hard to remember

[Amethyst]

Did Court say they'd send you copies of the documents btw or did you not ask earlier ? If not, then give them another call in morning if you can bear the on hold music again, and ask if they can send you the claim and original judgment order and anything else they have.

This was served on you today so don't panic about the deadline - it should run from service not the date on the letter ( 11th Jan) ( ie.you don't need to do it tonight !) so I'm going to see if anyone has any input in the morning to expand on what I've said. Please don't be worrying all night about it, easy to say I know, but everything is fixable Have a think whether you want to 'just' pay it ( negotiate a one off payment of your £1600 guestimate to get it over with or arrange a payment by installment plan) considering your credit file will only be affected for another month ( have you checked the date on the credit file of the CCJ is correct - Feb 2012? ) as that really dictates whether you complete the N56 and go to the hearing if it's still held, or if you apply to set aside on the grounds that it wasn't served on you originally.

Sorry to backtrack a little - It was likely to originally have gone to whatever the last address you had on your account with TSB. Presumably that was neither your current address nor your parents ( so the address you were at around 2009 to 2011 )


pt2537

[Marty2018]

Thanks again for the reply

I have lived at my current address for 9 nearly 10 years where the papers where served (ones pictured in first post) by the bloke knocking on door today. Its only because I'm off work with flu I was in.


The addess / previous addess is my parents address both my parents still live there now and have lived there for 36 years and any mail that has been sent there over the years has always been passed onto me and nothing has ever been recieved from IND and even Lloyds TSB never replied to my last letter.

So yes this has come as a total shock to me just hope her majestys B&B does a decent breakfast if that's where they plan on sending me I did say to the court are them beds not better used for proper criminals.

The bloke I spoke to at the courts was nice on the phone and he could not make out why the only addess they have is my current addess which yet IND on the phone said the relavent paperwork was sent to parents address/ old address.

So the court has no record of sending anything to old address and only record is the summons today sent to current addess so how could I have recieved anything if they didn' have previous address as everthing they have is my current address.

He was as confused as I was so what do I do I've filled that expenses form in and offered £10 a week but what do I say to the judge when in there as I have no proof of anything now it's been years now so any paperwork about it from Lloyds TSB long gone.


what a complete headache I won' stress over it what will be will be.

[Marty2018]

Forgot to add I did not ask for any paperwork of the courts as did not know I could ask for them but I will now call them tomorrow and ask to be sent any paperwork ECT relating to it

[Marty2018]

Also to add the date is correct on my credit file so they had entered it to my credit file.

But I can' understand how I got car finance and a credit card which is still active as said earlier car finance was taken out looking back around 2012/2013 to the tune of £6500 which was paid in full and settled so none of it really makes much sense to me and had no trouble getting finance on the car.

If they will drop back to the original figure without there extortionate charges because I never recieved anything then I'll happily pay it if they can show me that is what is owed.

I have not come on here to try and get out of money I owe I'll happily pay what they can prove I correctly owe buy not there crazy figure of £2300 not my fault I never recieved there letters.

[Marty2018]

A little update I sent in the required info on the N56 via email as advised when calling the court this morning they gave me the email address to send to.

I got help from a very helpfully lady replying from the court and the hearing that was dated has now been vacated and she said to keep emails as proof I have been advised that.

she also come back a while later in an email and this is just one part of the email



When we calculate you have to have a protected earnings rate that is below your weekly income, which you havnt.

In short what this means is that the court are going to dismiss their application as unworkable. We will send you copies of the orders out to prove this.


so it looks like the court have thrown this outbid that correct?





@AMETHYST

[Marty2018]

Also looking into things the origional CCJ was granted 20/02/2012 so come 20th Febuary this year it will then be 6 years old is it still enforceable by the court if they go back even though I have been advised today its basically been thrown out I will have a letter to show that soon as I have been advised it' been posted.

Having watched the can't pay we take it away could the go for a high court writ on it even though the county court has thrown it out due to my income.

I don't own my home it's rented

So where do I stand now and what's likely to happen.


I called IND yesterday and they was no interested in dealing with me directly they said it's in the hand of the courts and they can deal with it.

I also called IND today for them to say yet again not interested in communicating with you it' in the hands of the courts.

The calls to IND was before I recieved an email saying it was being thrown out..

So what is likely to happen next IND may want to then try and deal with me direct once they recieve the info from the court so do I deal with then or point blank refuse any corrispondance as the county court has dismissed there appication as unworkable so does that mean they should then leave me alone or they likely to pester me now.

any advice on what is likely to happen next or what to do would be appreciated.

[Marty2018]

Forgot to add this earlier this is what they put into the online form when making the claim against me see attachment

I haven' got a clue what to do next do I wait for IND to contact me ?