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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 🙏

    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

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        • #5

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          • #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

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              • #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

                  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

                            Comment


                            • #15
                              SAR to originator


                              CPR 31.14 Request t0 solicitors

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