GFTad road to freedom

[Joanna Connolly Solicitors]

July 22/07/19 Have forwarded CCA from IDEM to Niddy to check for UE
July 27/07/19 Niddy says send request for SAR to confirm date of original agreement
September 05/09/19 Letter from Lloyds regarding your SAR ..sorry we have no information on any Credit cards or loans in your name

The obvious (rhetorical) question has to be: if Lloyds have no data or information on any credit cards in your name in their files, how did Idem manage to produce a credit agreement (enforceable or otherwise)

Did Idem's covering letter in response to your s77/79 CCA Request say the document they were providing was reconstituted or a true copy etc?

Di

[GFTAD]

[QUOTE=Diana Mayhew;n1529610]


The obvious (rhetorical) question has to be: if Lloyds have no data or information on any credit cards in your name in their files, how did Idem manage to produce a credit agreement (enforceable or otherwise)

Did Idem's covering letter in response to your s77/79 CCA Request say the document they were providing was reconstituted or a true copy etc?

Di

HI DI
Not sure but will check paper work and post on here

[Joanna Connolly Solicitors]

Debt 3 Lloyds

Opened:	2006
Type:	Credit Card
Current Balance:	£398
Last payment:	£5.00 |JULY 2019
Last full payment:	September 2010
Arrangement:	sold to IDEM servicing 2014
Status:	Default March 2011

September 05/09/19 Letter from Lloyds regarding your SAR ..sorry we have no information on any Credit cards or loans in your name

I should also point out that Idem Capital Servicing are not authorised by the FCA so do not have the legal right to bring a claim.

Jo explains this here >

On 24 April 2019 we were successful in a consumer credit Appeal on the issue of FCA Authorisation - or rather, lack of FCA Authorisation. Idem Capital Securities Limited admitted in court they were not authorised by the Financial Conduct Authority to exercise the rights of a lender but said they were exempt as they had a valid servicing agreement in place with an affiliated 3rd party who was authorised by the Financial Conduct Authority.

It was accepted by both parties that there was a valid servicing agreement in place. The issue for the Circuit Judge to decide whether Idem Capital Securities Limited could rely on the exemption under paragraph 55 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 to issue proceedings in the county court.

The Circuit Judge held as a general principle of law that Idem Capital Securities Limited was not able to rely on the FCA authorisation of an affiliated 3rd party ( paragraph 55 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001) for the purpose of bringing a claim. The agreement was unenforceable, and the order of the court below was set aside, and the Claim dismissed.

Idem Capital Securities Limited did not appeal the judgment.

Di

[GFTAD]

I should also point out that Idem Capital Servicing are not authorised by the FCA so do not have the legal right to bring a claim.

Jo explains this here >





Di

Di
checked paper work and covering letter says "we have now received A COPY OF THE AGREEMENT and terms and conditions from Lloyds banking group and enclose copy for your record.
On the cca at top it says your Lloyds TSB credit card terms and conditions THIS IS A COPY OF YOUR AGREEMENT Applicable from ** November 2011
(credit card was taken out long before this date)

[GFTAD]

[QUOTE=GFTAD;n1529706]

The obvious (rhetorical) question has to be: if Lloyds have no data or information on any credit cards in your name in their files, how did Idem manage to produce a credit agreement (enforceable or otherwise)

Did Idem's covering letter in response to your s77/79 CCA Request say the document they were providing was reconstituted or a true copy etc?

Di

HI DI
Not sure but will check paper work and post on here

DI
no mention of the words Reconstituted or True copy on any paper work

[Joanna Connolly Solicitors]

Debt 1 MBNA

Opened:	2006
Type:	credit card
Current Balance:	£10800
Last payment:	£5.00 | July 2019
Last full payment:	September 2010
Arrangement:	sold to Arrow global since 2012
Status:	Default march 2011

2019
constant letters from Capquest
May 14/05/19 letter from Shoosmiths llp > said my agreement with there client was cancelled and threat of court action
May 25/05/19 CCA letter sent to Capquest and copy to Shoosmiths
June 06/06/19 letter recieved from Capquest > to say they have passed on request for CCA to admin dept and sent back postal order saying no longer needed
june 10/06/19 letter from Capquest > to say this account is currently being dealt with Arrow Global and all future contact should be directed to them
Sptember 30/09/19 from Arrow 6 monthly statement
2020
March 03/03/20 letter from Shoosmiths llp > said my agreement with there client was cancelled and threat of court action

I've only just noticed that you've edited your original post to say Shoosmiths Solicitors made a threat of court action earlier this year (sorry for slow response but I couldn't see any update about this on your thread).

What has happened since then if anything?

This debt was assigned to Arrow in 2012 and it seems you paid them regularly but the agreement has now been cancelled.

It also seems you sent a CCA Request to Capquest last year, which has not been complied with (unless I've misunderstood).

Has everything fallen silent?

Di

[GFTAD]

Hi DI
Thanks for message

Debt to ARROW i have not heard anything from them since 03/03/20
Debt to Idem nothing since 05/01/20
Debt to Cabot one letter per month requesting me to set up payment plan
Debt to Lowell passed to DCA last month 06/11/20

[GFTAD]

I've only just noticed that you've edited your original post to say Shoosmiths Solicitors made a threat of court action earlier this year (sorry for slow response but I couldn't see any update about this on your thread).

What has happened since then if anything?

This debt was assigned to Arrow in 2012 and it seems you paid them regularly but the agreement has now been cancelled.

It also seems you sent a CCA Request to Capquest last year, which has not been complied with (unless I've misunderstood).

Has everything fallen silent?

Di

Hi DI
Thanks for message

Debt to ARROW i have not heard anything from them since 03/03/20
Debt to Idem nothing since 05/01/20
Debt to Cabot one letter per month requesting me to set up payment plan
Debt to Lowell passed to DCA last month 06/11/20

[Joanna Connolly Solicitors]

Hi DI

Thanks for message

Debt to ARROW i have not heard anything from them since 03/03/20

I think that answers my question (the one about silence)

I’m pleased to hear that Shoosmiths solicitors haven’t gone ahead with their threat of legal proceedings which they made in March.

Let me know if that situation changes.

Di