Court Claim - Idem filed for not supplying I&E

[plsadv]

Hi I have been having issues on and off with Idem Servicing (before then Arden) regarding an old Mint/RBS Load. They have used various tactics, and occasionally I have made a good will payment. The debt was in dispute with Mint when Arden/Idem took it over. The CCA was from 2005 and the T&C's for the loan and PPI were combined into one, thus making it arguably non enforceable. They started to harass me again at the start of this year, I said I would make goodwill payments, but they would not accept this without me supplying an Income and Expenditure sheet, and sent these forms 1st February, 8th February (twice) and the 15th February 2018. The letter dated 8th February stated that they would put the account on hold for 30 days and also put litigation action on hold. The letter also stated that if they did not receive the income and expenditure form within 30 days they would commence legal action. A goodwill payment was made to them on 16th February.

Friday 23rd February I received notice of a Court Claim against me from Idem using Money Claims Online. Are they allowed to begin proceedings if I have made payments but not sent a I&E form especially when told me the account is on hold?

Since I don't believe the CCA is valid, I was thinking of defending myself, especially given their behaviour.

I have resisted my AOS online today.

[MIKE770]

First Steps
CCA Request Letter
CPR 31.14 Request Letter

Acknowledge a Claim

[plsadv]

Sent those Monday. Also sent complaint letter to Idem about making a claim after they had said it was on hold.

[MIKE770]

afraid you fell for the letters which state account on hold , they can start proceedings and most do, asking for a I&E many ask that, but only a court can order that down the line..

[Diana M]

I have been having issues on and off with Idem Servicing (before then Arden) regarding an old Mint/RBS Load. . . . . . . The debt was in dispute with Mint when Arden/Idem took it over. The CCA was from 2005 and the T&C's for the loan and PPI were combined into one . . . .

. . . . stated that they would put the account on hold for 30 days and also put litigation action on hold. The letter also stated that if they did not receive the income and expenditure form within 30 days they would commence legal action. A goodwill payment was made to them on 16th February.

Friday 23rd February I received notice of a Court Claim against me from Idem using Money Claims Online.

Since I don't believe the CCA is valid, I was thinking of defending myself

What was the dispute you had with your RBS/Mint loan and might it be relevant to your Defence if IDEM have inherited the issue?

Post/type up the Particulars of Claim (removing anything which could identify you) to see what they are claiming and why they think they have the right to claim it.

And how much is this claim to be able to guide you on what lies ahead?

The reason a creditor/debt purchaser asks for an I & E Form is because FCA Guidelines say they must do that to be sure that the debtor is not placed in hardship while agreeing to payments which they can't really afford when under pressure.

You say the loan started in 2005. When would it have expired if it had run it's natural length (i.e. what was the expiry due date)?

When did you stop making the monthly contractual payments?

Do you believe the PPI may have been missold for any reason?

You've referred to the credit agreement being unenforceable, so may I ask how you obtained the documents? Was it in your own files or was it sent to you in response to a s 77-79 CCA Request, and if so was the CCA Request sent to Mint/RBS or Arden or Idem? The answer to that will dictate whether you should send another CCA Request if there is already one which hasn't been complied with.

Sorry for all the questions but it's good to set these things up properly rather than waiting until the last minute (at the Witness Statement stage) to raise your legal arguments.

Di

[plsadv]

What was the dispute you had with your RBS/Mint loan and might it be relevant to your Defence if IDEM have inherited the issue?

Post/type up the Particulars of Claim (removing anything which could identify you) to see what they are claiming and why they think they have the right to claim it.

And how much is this claim to be able to guide you on what lies ahead?

The reason a creditor/debt purchaser asks for an I & E Form is because FCA Guidelines say they must do that to be sure that the debtor is not placed in hardship while agreeing to payments which they can't really afford when under pressure.

You say the loan started in 2005. When would it have expired if it had run it's natural length (i.e. what was the expiry due date)?

When did you stop making the monthly contractual payments?

Do you believe the PPI may have been missold for any reason?

You've referred to the credit agreement being unenforceable, so may I ask how you obtained the documents? Was it in your own files or was it sent to you in response to a s 77-79 CCA Request, and if so was the CCA Request sent to Mint/RBS or Arden or Idem? The answer to that will dictate whether you should send another CCA Request if there is already one which hasn't been complied with.

Sorry for all the questions but it's good to set these things up properly rather than waiting until the last minute (at the Witness Statement stage) to raise your legal arguments.

Di

Okay I'll give a fuller answer later but in brief:

I think the copy of the CCA I got was from someone working on behalf of Mint. I posted a copy (circa 2008-09 ish) on another site, and was told that because there was only one form for both the PPI and Loan that is was counted as multipart agreement and should have been separate. I responded top Mint/RBS rejecting that they had sent an executed agreement, at some point I also made a complaint against PPI misspelling. The PPI went to Ombudsman, RBS rejected the misspelling claim, refunded the PPI onto the loan and promptly sold the account to Idem/Arden without giving me the chance to accept or reject the settlement. The settlement did not include the 8% statutory interest.

Over the years since I have made the odd "goodwill" payment but have continuous complaints against Arden / Idem, ranging from imposing impossible deadlines, charging solicitors fees (later refunded) stating the fees were charged for non payment, then changing the story to say they were charged for not supplying I&E information, agreeing to goodwill amounts then denying any such agreement, and of course repeated doorstep visits. Typically they would harass for a number of weeks, then go silent for months.

In November they send a series of forms to complete, I responded within their deadline, also stating that I was unemployed short term (just started back in work so trying to clear other short term debts). Then it all started again claiming I had not been in touch since June.

The amount claimed is approx £6500. December 2011 would have been the end date. My main issues are don't believe the matter should have been passed to them while in dispute and without being able to respond to the PPI. Also how is right when goodwill payments and offers have been made to then start proceedings after stating in writing they would not, surely that is against FCA guidelines?

I'll fill out the above over the weekend as that is from memory.

Since posting I have received only a statement of account, no other documents or response to my complaint. Also even if it goes to COurt and I lose, is there anyway to avoid a CCJ as it may affect my job?

Cheers

[Diana M]

Okay I'll give a fuller answer later but in brief:

. . . I'll fill out the above over the weekend as that is from memory.

I'll read the rest of your background information before making suggestions.

Can you type out the Particulars of Claim (removing anything which could identify you) so I can see what they are claiming and why they think they have the right to claim it.

Have you filed your Acknowledgement of Service to protect your legal position?

Since this claim if for under £10k it will be deemed suitable for the Small Claims Track where you will be offered free telephone Mediation after you have filed your Defence so wait to see what transpires with evidence/documents produced (or not) by the Claimant etc.

Have a good weekend.

Di

[plsadv]

Claim dated 23/02/2018
1)RBS t/a MINT made a loan to defendants (D) subject to T&C
2) Claimant (C) purchased loan 27/10/2011
3)It was a term of the loan agreement that if any instalment was not paid on the due date C would be entitled to the repayment of outstanding balance of total amount payable, less (on payment) any rebate to which D might be entitled
4) D failed to pay any instalments due. C issued a Default Notice requesting payment D failed to pay the sums due which consequently became immediately due and payable. Formal demand issued dated 01/02/2018.
5) D has failed to pay the outstanding balance of 6336.98.

So far I have received the statement of account and a copy of the Notice of assignment from Mint which stated the transfer would take place 05/12/2011 (NOA dated 14/11/2011.

Idem have said they are writing to Mint for the CCA. No word on the original Default Notice or Deed of Assignment. Interestingly there is no Default Charge made by Mint showing on the statement.

The Idem letter dated 01/02/2018 states that the account has been transferred to their litigation department demanding repayment proposals in 7 days. I replied immediately complaining about the time frame but stating I was willing to make goodwill payment 15th-20th each month £50 (letter caveat with usual without prejudice I do not recognise debt etc). Payment was made 15/02/2018, letter received 15/02/18 responding to my complaint, stating was on hold for 30 days and court action would proceed if Income and Expenditure (payment was not mentioned) was not received in 30 days.
Next I received the Court Notice.

I have until Friday to respond to the Court.

[warwick65]

I don't want to step on Di's toes so just basic questions.

You had the claim on 23rd Feb, was that the date in the claim form or the date you received it?

You have 33 days from the date on the form to submit your defence

I am thinking you have sent off a S77 request and a cpr request asking for?

Please don't take this the wrong way but the way I read it your approach seems to be a bit scattergun but you need to focus

So
In your defence you need to say why the agreement in UE leaving room to expand later also what effect no DN has on their claim and the same with the NOA

There may be other things but maybe contact Di and get some free initial advice and decide if it is worth investing in a lawyer to draft a defence.

My personal view is, it's a lot of money and some Judges are not Lip friendly

[warwick65]

Oh, did you ever send a SAR to RBS?

[plsadv]

Hi, sorry cant remember if I did send a SAR, it was a while ago, probably as I was contesting PPI.

You are right withe scatter gun, its hard to stay focused with a company like this who give the impression you are dealing with three different people and they aren't consistent. I would like to go down the UE route, but the reason for hedging my bets is at all costs I want to avoid a CCJ. My work requires a security Clearance, and while a CCJ for such an amount might not have nay impact, I don't want to take that risk. If I defend myself and lose, can a CCJ through still be avoided?

Update: Registered letter arrived to day from my dear friends at Idem:They are unfortunately unable to supply a copy of the CCA at present. They have contacted the original lender for a copy and if available it will be sent separately. DOA and DN not mentioned.

I'll take your advice on contacting DI.

One last thing, what did you mean by Lip Friendly?

[Diana M]

at all costs I want to avoid a CCJ. My work requires a security Clearance, and while a CCJ for such an amount might not have nay impact, I don't want to take that risk. If I defend myself and lose, can a CCJ through still be avoided

I'll take your advice on contacting DI.

If you defend your claim and lose you will get aCCJ.

If your work (and therefore your livelihood and possibly your career) relies on security clearance it’s sensible to take professional legal advice on your situation as Warwick has suggested.

My email address is in my forum signature at the bottom of my posts di@joannaconnollysolicitors.co.uk

Di

[plsadv]

Just looking, as long as I declare it shouldn't be a problem.

Just checked status

A claim was issued against you on 23/02/2018

Your acknowledgment of service was submitted on 25/02/2018

Your acknowledgment of service was received on 26/02/2018

[warwick65]

Lip =litigant in person. That is someone representing themselves. Some judges aren't that helpful when you try to represent yourself.

[plsadv]

ah ok cheers