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

[Amethyst]

Trustcard from 1985 ( no accompanying terms)

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[Amethyst]

I'll grab a copy to post up xx

[pt2537]

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

[Brian785]

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 I’m 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

[Amethyst]

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 ?

[Brian785]

Hello Amethyst,

I have just emailed over CCA and t&c’s 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

[Amethyst]

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?

[Brian785]

Hello Amethyst,

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

100% it’s 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

[Amethyst]

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.

[Amethyst]

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

[Brian785]

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