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IDEM / TSB Court Papers, illegible CCA, any guidance appreciated 🙏

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  • IDEM / TSB Court Papers, illegible CCA, any guidance appreciated 🙏

    Received a claim?

    Yes




    Issue Date:

    02nd September 2019







    Have you Acknowledged the Claim?:

    No




    Total Amount Claimed :

    £4500.00







    Claimantís Name:

    Idem Capital Securities LTD







    Solicitors Firm:

    Possibly an internal litigation department







    Original Creditor:

    TSB (1985)







    Original Debt:

    Credit card







    Particulars of Claim:
    1. An agreement between Lloyds TSB and defendant (D) subject to standard terms and conditions.
    2. Claimant (C) purchased the debt on 19.8.16.
    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 became immediately due and payable, formal demand issued dated 19/08/2019
    5. D has failed to pay the outstanding balance of £4500.00







    Is the debt Statute Barred?

    No







    List any letters you have sent (eg: CCA/ CPR ):




    CCA - illegible copy received (eventually) alongside t&cís (see other details)




    Any Other Information or Background Details:




    Iíve been trying to deal with this matter on behalf of a parent as the worry of debt causes them severe anxiety and the increased stress has a knock on effect on their physical health.




    Parent receiving sickness benefits for physical health concerns, was devastated when they had to give up their livelihood.




    Decreased income left zero available for non priority debts, offered £1/month or to negotiate a settlement offer which I would pay, they refused to negotiate settlement in writing, we wanted contact solely in writing as the continual phone calls were causing major stress and plummeting health, as a benefit we wanted everything in writing.




    Idem kept threatening litigation so I CCAíd them in the hopes I could reassure parent that while we were trying to sort the matter out, they could only ever ask very nicely for the debt to be paid as it would be unenforceable in court.




    Eventually received a predominately illegible CCA, itís so distorted, I cannot read any of the print, I can make out some of the writing in pen and signature.




    Idem have both recommend we approach Original creditor to see if they have a better copy and also have confirmed in writing that original creditor does not have a better copy of CCA.




    Terms and conditions appear to be more recent than ones which should have been issued with any 1985 agreement as they reference data protection 1998 and rights of 3rd parties act 1999.




    Received court papers today, parent is in pieces - I would be so grateful of some advice on how to move forward.




    Many thanks, Iíd be so grateful if some advi.ce
    Tags: ccj, idem, loan, tsb

  • #2
    Hello sorry, the above post belongs to me, I am the guest above, and think I have posted in the wrong place

    Comment


    • #3
      First job, get that claim acknowledged with intent to defend in full.... Acknowledge Claim
      Just protects you from any default judgment and gives you time to get your defence sorted.

      I'll move you to the court claim forum and come back on the rest
      We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

      Comment


      • #4
        Do you know what this debt was originally Brian785? a credit card or a loan ? It sounds like a loan with the mention of a rebate, but if it was taken out in 1985 that would have been an insanely long term to repay over if it defaulted in the last 6 years. I know you';ve said credit card but that rebate bit would be odd for a credit card, and tbh its an odd thing to put in the particulars of claim.
        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.
        Any idea at all when it defaulted ?

        Have payments (token ones or otherwise ) been being made since it defaulted ?

        If you can do pics of the agreement they have sent ( and any recon ) that would be useful. Also this 'formal demand' apparently issued a couple weeks ago. Email if you have trouble redacting and posting on here - admin@legalbeagles.info .

        The recon may be the terms as varied ( so those in force from when the debt defaulted ) hence referring to 1998 legislation.
        We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #5
          Hello Amethyst,

          thank you so much for your reply and for moving my post to the right place etc, Iím so grateful to you.

          100% itís a TSB trustcard credit card

          pro rata payments according to i&e form were being made before idem took over the debt and also after, until there was no further income available to give them when parent was forced by ill health to cease work.

          I was checking parents CR last night to see if I could find any info on payments and default dates etc but parent has only one CR access so far and that literally has no mention of either original creditor or these chumps.

          Ill check back when I get home as I have a folder somewhere from when I was dealing with original creditor, this may have default info and transfer of debt details, I will email over the CCA and terms again as soon as I hit base this afternoon

          Thank you once again for taking the time to read through and help,

          Brian

          Comment


          • #6
            Not a problem. We'll see what the docs show. If IDEM took over in 2016 and they have paid after that then we're not going to be statute barred at all so it's a case of looking at compliance with the consumer credit act, so agreement, assignment, default/termination etc.

            Get it acknowledged asap though - intent to defend in full - no details needed at all you are simply extending the timescales and protecting against a default at this point.

            Think we'll probably be asking them about the rebate term they mention in their Particulars of claim as well as requesting the rest of the documents and a legible agreement. IDEM are the creditor now and it is their responsibility to comply with the CCA. You don't do their job for them by bugging TSB for one. ( although a SAR to Lloyds by your parents might well be useful for checking the history of this )

            Any idea if the account was joint or in just one name? and do your parents own their home? ( just thinking the court claim is probably to attempt to securitise the debt against the house if IDEM know theres hardly any possibility of a monthly instalment order )

            Also IDEM don't appear to be regulated by the FCA for debt collection on consumer credit atmhttps://register.fca.org.uk/ShPo_Fir...000000NMcUCAA1 Presumably they try relying on Paragon Bank's authorisation https://register.fca.org.uk/ShPo_Fir...000000rHekaAAC
            but I don't believe that they are able to pt2537 - do you know current IDEM situation there?
            We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

            Comment


            • #7
              Hello Amethyst,

              I have just emailed over CCA and t&cís to admin address.

              I believe that the account was a sole account but other parent named as spouse upon form.

              This parent lives with their mum, an amicable but never the less a breakdown of marriage means this parent has lived away from the joint mortgaged home for almost two decades.

              Other parent has been registered disabled for many many moons, lives in the house alone and just about manages interest only payments.

              Going to dig out my old folder for TSB to see what additional info I may have about defaults etc

              with kindest regards and many many thanks for your time

              Brian





              Comment


              • #8
                The terms are from when the account defaulted ( 2013 ) ( they're Lloyds TSB for starters, and refer to the DPA 1998 and the OFT as regulators ) That's ok they are obliged to send the terms as varied. Can't see anything about a rebate as a term - as it doesn't exist because it's to do with loans ( I doubt Idem would know it was credit card so just did their big standard loan particulars )

                However the original agreement is incomplete, illegible and currently unenforceable as it is missing the prescribed terms. They can correct it by providing the accompanying terms and recon the agreement so it is readable but from 1985 they will struggle.

                Have you acknowledged the claim ?
                We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                Comment


                • #9
                  Thank you for taking the time to look in to all this on my behalf, I have not as yet acknowledged the claim.

                  I had sight of it first yesterday and wanted to gain an insight into where parent stood and how much stress this was likely to cause for each option on the reply form.

                  If I defend this, will parent (or I) have to go to court?

                  Can I defend this myself or do I need legal representation?

                  Is there any way the court will find parent liable (assuming no further CCA is produced) on the basis that payments have been made in the past etc?

                  I am sorry to burden you with questions - as Iím an acting party, I need to ensure I can be sure of a positive outcome with the least detriment and above all cause as little stress as possible to dear parent.

                  Infinite thanks to you

                  Comment


                  • #10
                    Can we get a look at the credit agreement?

                    If its from 1985 you need to be alive to the potential regulation 9 argument they may try and run, under the Consumer credit cancellation notices and copies of documents regulations. Its easily defeated but also easily overlooked
                    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                    If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

                    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                    You can also follow my blog on consumer credit here.

                    Comment


                    • #11
                      I'll grab a copy to post up xx
                      We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                      Comment


                      • #12
                        Trustcard from 1985 ( no accompanying terms)

                        40CDD845-2016-4966-8492-FCAF35BABB1E.jpeg
                        We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                        Comment


                        • #13
                          Recon 2013 terms

                          B99B05C0-6D10-4C3D-B3A3-D4CA6A1451F5.jpeg
                          Attached Files
                          We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                          Comment


                          • #14
                            Hello All

                            Just an update. Yesterday I acknowledged the service online, Iíve been reading through the courts section and have concluded I need to get a letter off to claimants litigation department asking for the documents listed in the particulars, so the agreement itself, the notice of assignment, default notice and formal demand? Am I on the right track?

                            Should I SAR idem and OC?

                            Ive been trying to read section 9 of the CCA to see what this is about too.

                            kindest regards everyone.

                            Comment


                            • #15
                              SAR to originator


                              CPR 31.14 Request t0 solicitors

                              Comment

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