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







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:

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&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

[seduraed]

In the Northampton County Court Business Centre




Claim No:




Idem Capital Securities LTD

Claimant




And






Defendant




EMBARRASSED DEFENCE

1. The Defendant received the claim xxx from the Northampton County Court on 05th September 2019.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a Credit Card Account agreement regulated under the Consumer Credit Act 1974.
4. It is admitted that the Defendant has previously entered into various agreements for with TSB / Lloyds TSB for provision of credit and other financial products.
5. The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess the position with regards to the claim.
6. The Claimant’s Particulars of Claim does not state when the agreement was entered into.
7. The Claimants Particulars of Claim states that the account was assigned from TSB to Idem Securities on 19/08/16. The Defendant does not recall receiving notice of this assignment.
8. It is denied that The Claimant nor TSB served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
9. On the 26th October 2019 (received by claimant 27th October 2019) The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Litigation Department, Idem Capital Securities Ltd. The Defendant requested the Claimant provide copies of the Agreement, Default Notice, Notice of Assignment and Formal Demand
10. Litigation Department, Idem Capital Securities LTD has not to date acknowledged this request or sent any of these documents to the Defendant for inspection.
11. On the ?? The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
12. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
14. The Defendant respectfully requests the court order the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
15. In the event that all the relevant documents are received from the Claimant, the Defendant will then be in a position to amend this embarrassed defence and would ask that the Claimants bear the costs of the amendment.
16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

Just to not that the dates in bold are in teh future i suspect the year should be 2018 not 2019.

[Brian785]

Hello everyone,

I understand that you all volunteer your time and for your help so far I’m extremely grateful

If anyone has feedback or input on how to move forward, I’d be continually grateful.

MIKE770 Amethyst

kindest regards

Brian

[Brian785]

Hello everyone,

the 31.14 request remains unanswered in any form, I have submitted a defence and now has been allocated to small claims track.

Am I right in thinking that now they do not have to respond to the 31.14 due to this allocation?

We have been offered mediation however it states that I need to have enough information to enter into negotiations, which I do not having not had the ability to inspect the documents in their POC.

I understand I cannot do an ‘unless’ order now the claim has been allocated to SCT.

is it worth calling / contacting claimant to ask again for this information?

I dont seem seem to have a court date, just a date to return SCDQ to court and claimant. I’ve read that all parties must disclose all they intend to rely upon 14 days before the hearing.

Any input on how best to move forward please?

Kindest regards

Brian

[MIKE770]

Amethyst

[Brian785]

Any feedback appreciated please

As I’ve been working through all the paperwork I’ve found a letter from them acknowledging the CCA they provided is illegible and also have different date in writing from them to the date they have stated in POC for the debt purchase date.

Im definitely interested to inspect these documents now, what’s the betting they will turn up tomorrow am when defence should be in by 4pm?!

Kind regards

Brian

[Brian785]

In the Northampton County Court Business Centre




Claim No:




Idem Capital Securities LTD

Claimant




And






Defendant




EMBARRASSED DEFENCE

1. The Defendant received the claim xxx from the Northampton County Court on 05th September 2019.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a Credit Card Account agreement regulated under the Consumer Credit Act 1974.
4. It is admitted that the Defendant has previously entered into various agreements for with TSB / Lloyds TSB for provision of credit and other financial products.
5. The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess the position with regards to the claim.
6. The Claimant’s Particulars of Claim does not state when the agreement was entered into.
7. The Claimants Particulars of Claim states that the account was assigned from TSB to Idem Securities on 19/08/16. The Defendant does not recall receiving notice of this assignment.
8. It is denied that The Claimant nor TSB served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
9. On the 26th October 2019 (received by claimant 27th October 2019) The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Litigation Department, Idem Capital Securities Ltd. The Defendant requested the Claimant provide copies of the Agreement, Default Notice, Notice of Assignment and Formal Demand
10. Litigation Department, Idem Capital Securities LTD has not to date acknowledged this request or sent any of these documents to the Defendant for inspection.
11. On the ?? The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
12. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
14. The Defendant respectfully requests the court order the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
15. In the event that all the relevant documents are received from the Claimant, the Defendant will then be in a position to amend this embarrassed defence and would ask that the Claimants bear the costs of the amendment.
16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

[Brian785]

Thanks Mike, will do this now and post Embarrased Defence when complete

kind regards

[MIKE770]

Amethyst

[MIKE770]

embarrassed defence at this stage == look read threads and see how the court system works, nothing is straight forward Example Defence stating on such an such requested item - no response etc etc etc

[Brian785]

Hello everyone,
We are due to file defence by 4pm this coming Monday. (Saturday Today)
Idem have not responded within the 7 days to the CPR 31.14 (received by them 27/09)
what do I do?
Do I have time on Monday to ask the court with N244 form on Monday to make them disclose or throw out the case?
Or instead do I submit an ‘embarrassed defence’
any guidance is appreciated,
kind regards
Brian

[Brian785]

Hello everyone,

We are due to file defence by 4pm this coming Monday. (Saturday Today)

Idem have not responded within the 7 days to the CPR 31.14 (received by them 27/09)

what do I do?

Do I have time on Monday to ask the court with N244 form on Monday to make them disclose or throw out the case?

Or instead do I submit an ‘embarrassed defence’

any guidance is appreciated,

kind regards

Brian

[MIKE770]

SAR to originator


CPR 31.14 Request t0 solicitors

[Brian785]

Hello All

Just an update. Yesterday I acknowledged the service online, I’ve 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.

[Amethyst]

Recon 2013 terms

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