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Received a claim?
Yes
Issue Date:
02nd September 2019
Have you Acknowledged the Claim?:
No
Total Amount Claimed :
£4500.00
Claimant’s Name:
Idem Capital Securities LTD
Solicitors Firm:
Possibly an internal litigation department
Original Creditor:
TSB (1985)
Original Debt:
Credit card
Particulars of Claim:
Is the debt Statute Barred?
No
List any letters you have sent (eg: CCA/ CPR ):
CCA - illegible copy received (eventually) alongside t&c’s (see other details)
Any Other Information or Background Details:
I’ve 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 CCA’d 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, it’s 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, I’d be so grateful if some advi.ce
Yes
Issue Date:
02nd September 2019
Have you Acknowledged the Claim?:
No
Total Amount Claimed :
£4500.00
Claimant’s Name:
Idem Capital Securities LTD
Solicitors Firm:
Possibly an internal litigation department
Original Creditor:
TSB (1985)
Original Debt:
Credit card
Particulars of Claim:
- An agreement between Lloyds TSB and defendant (D) subject to standard terms and conditions.
- Claimant (C) purchased the debt on 19.8.16.
- 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.
- 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
- 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&c’s (see other details)
Any Other Information or Background Details:
I’ve 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 CCA’d 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, it’s 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, I’d be so grateful if some advi.ce
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