Idem Capital Securities vs MadMac (Court Claim)

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

I've now received an email from the court apologising for the fact my application docs got filed away instead of being processed by the Dj. :doh:

They've asked for it to be hurried up now. I'll be pretty hacked off if my application is refused after this fiasco and the time it's taken.

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

Yesterday I received a response from the court to my unless order application...

They have enforced the order without a hearing!

The only amendments were to the timescales. - They've allowed the claimant 14 days to produce the docs rather than 7 and if they do produce I've been given 28 days for a defence rather 21.

A huge thanks to HFHFHFJDJDJDJ for your knowledge and templates.

The clock is now ticking for the DCA.

In the mean time Wescot have started to pester me. I spoke to them once, only to tell them of the court action and that I had no intention of dealing with them. The guy was adament they could take on the court claim if instructed to by Idem. I tried to expalin the situation but he didn't get it. :crazy:

Thanks again for your assistance, I couldn't have got this far without this forum.

[FlamingParrot]

Re: Idem Capital Securities vs MadMac (Court Claim)

Yesterday I received a response from the court to my unless order application...

They have enforced the order without a hearing!

The only amendments were to the timescales. - They've allowed the claimant 14 days to produce the docs rather than 7 and if they do produce I've been given 28 days for a defence rather 21.

That's excellent news! :whoo: :whoo: :whoo:

Goes to show unless orders are still worth doing. :high5: :high5: :high5:

[Amethyst]

Re: Idem Capital Securities vs MadMac (Court Claim)

Brilliant. Still seems to be a bit of a judge lottery but I'm inclined to agree FP.

Fingers crossed then MadMac. Has the court left in a sanction for them not complying within the 14 days?

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

Yes, automatic strike out after 14 days. I'm not sure if that's working or calendar days?

If that happens are there any steps I can take to stop any future action or sale to another dca? I know there's the section 10 (cease and desist) but is there anything else I could do to make this go away for good?

Thanks

Madmac

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

7 days and counting...

As I asked in my previous post, is there anything I can do to stop future action from the DCA or stop it being sold on please?

Thanks

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

Would the form of estoppel known as 'Res Judicata' apply to my case if they make a second attempt at a money claim after strike out?

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

Today I have received a letter from the DCAs solicitors dated the 23rd July stating that they have enclosed a notice of discontinuance. No notice is included.

I'm not sure if this is good or not? :tinysmile_hmm_t2:

[Amethyst]

Re: Idem Capital Securities vs MadMac (Court Claim)

Sounds very promising Give the court a call and ask if they have received it (though they may not log it for a couple days if it's been sent at the same time as yours - so don't panic if you call them today and they don't have it yet)

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

Thank you Amethyst,

I'll call the court next week. In the mean time is there anything I can work on to send them that would bring this to a halt for good please?

Thanks

[Amethyst]

Re: Idem Capital Securities vs MadMac (Court Claim)

The Discontinuance will mean the end of this claim.

Do you mean for the overall debt ? As I recall there is evidence in your SAR that no agreement exists so if you are contacted by any other DCA in the future you can just tell them to burger orf.

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

I had hoped this was the end but Wescott have now written back to me. To start with their letter is referring to the alleged debt being for British Gas. - Wrong!

They say their client has advised that its unenforceable but they still have a right to persue me as the dispute has now been settled??

They are giving me 14 days to respond or will pass it to their collections dept.

Do I ignore them/ point out I don't recognise owing British Gas/ Tell them they can't touch me etc??

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

Any help with my last post please? :help:

Thanks

[wales01man]

Re: Idem Capital Securities vs MadMac (Court Claim)

If its unenforceable so a CCJ cannot be sought then their collections department has as much chance as my cat as getting money unless you want to pay?
Ignore them

[MadMac]

Re: Idem Capital Securities vs MadMac (Court Claim)

Hi,

I hope I'm okay resurrecting my old thread?..

This still hasn't gone away completely; - It did the rounds with various dca's acting on behalf of Idem which I ignored but I've just received a Notice of Assignment from Arrow Global stating that Capquest are managing it? Interestingly I've also received a letter that's supposedly from Idem stating that they transferred my account to Arrow on 30 NOV 2015 but the letter is dated 20 JAN 2016. I say the letter is supposedly from Idem as both above letters have the same return address which is a PO Box in Huddersfield.

Should I send them a copy of Lloyds response to my SAR which states there are no Agreements plus the notice of discontinuance from Idem taking me to court?

Any pointers on timescales of the NOA that I could throw at them for good measure?

Also, as both letters originated from the same office, is there any scope for mentioning fraudulent activity to further worry them?

Thanks for all your continued help.

:tinysmile_grin_t: