If you look at post 73 it has a defence that is similar to your case, you could adapt and word it to fit your POC. good luck

Hi there Welly26 the link below is very useful to your case. Have a look at post 76, and see if you can use any information for your own defence.

Hi there Welly26. I also had a case with idem with a successful outcome, thanks to the CAG team. The following link might be useful to you

Idem also sent me an envelope that was an inch thick supposedly full of documents that they were going to use as evidence against me ........ everything you mentioned in post 155 was there on paper according to idem and now that they have the evidence it would be better for both parties to avoid court and for me to sign up for a Tomlin order. After going through the documents apart from all the paper work that was printed out from idems own network, there was no Signed agreement No valid default notice No termination notice No statements from HSBC No notice of assignment As dx has stated in the post above, it is all designed to lead you into a panic and agree a payment plan with them and avoid court.

Hello there. I think the link below will be of a great interest to you. If has everything from the beginning of the claim right up to the court hearing itself, with a detailed explanation of the court Hearing hope you find it useful to your own claim and good luck

No need to apologise we all need to start somewhere. I am not an expert myself either. The link below might be useful to You You might be interested in POST 8, see if there is anything you can use to suit your circumstances. good luck

Hello there. I think you need to adapt the above witness statement to suit your specific case and not just copy and paste. You may have noticed that the above witness statement is in relation to an overdraft and loan account which were amalgamated together. I know this because it was my thread that it was used on. Try and look at your defence and then you can elaborate further. Obviously you want it to suit your thread and circumstances. hope this helps and good luck

Hello there. I have been reading your thread and can point you to my thread that was a successful outcome with the mentioned DCA PRA please have a read through, I am certain you will find enough information to help your own situation. A defence and witness statement are also there for you to look at. In my case it never got to court, a letter of discontinuation was sent to me 2 weeks prior to the court date. it’s never to early to get started. good luck

Hi there again. I have been reading your thread and have a couple of points to ask, I am not sure if they are of any relevance ( maybe Andy or DX can give their opinions) On POST 11 when asked what is the debt for, you put CREDIT CARD, then in POST 35 for your defence you requested a CCA section 78 credit card. But then in POST 62 your defence is for an overdraft facility and loan amount.

Hello there. I was in the position as your self with idem. A link is provided to my thread for you below. Please have a read and any information you can use from it to help you I compiled a witness statement with the help of Andy and DX. If you look at post 99 there is an attachment with a witness statement another cagger used (kindly provided by Andy), and post 100 is the witness statement. I am sure you will find enough information to suit your situation. hope this helps and good luck

Hi there PRA/barclaycard court claim has 1 of my witness statements. and the other witness statement is in the thread above, posts (98,99,100,101). post 99 has an attachment which is another example of a witness statement used by another cagger. hope this helps

I got my notice of allocation to my local court JAN 2019, waited a month because idem asked for a month extension to retrieve documents, then heard nothing till MAY, got the advice from Andy & DX to give court a ring to see if any progress has been made or claim discontinued, eventually got a hearing date end of JULY. Now the witness statement is really a further step of your defence. If you read my thread (post 98, 99, 100, 101,) that is the witness statement I compiled with the help of Andy and DX. POST 99 has an attachment which is another example of a witness statement that Andy provided me with to see if there was anything I could use from it. hope this helps

Hello there. While you are waiting for a date and time to come through from the courts ( this is normal procedure), now would be a good time to start looking at witness statements and how to prepare. This is so you have plenty of time to adapt and adjust, get opinions and advice from other users. This way you will be prepared well in advance. good luck

Hi there. Just wanted to post another link for you. This particular thread has all the relevant information from the start of the claim right to the court hearing itself. I am sure you will find plenty of information to help your own situation. Good luck

Hello there. If you get chance please try and read through the thread links I posted on POST 327, myself and the other cagger yodabug were also in a similar position to yourself in dealing with idem. If you follow the advice given here and follow timelines, you will also have all the information required to counter any claim idem will be making. please try and remain calm and try not to stress your self out, people on here are here to help and give advice.

Hi there sorry to hijack your thread, I thought my thread might be of interest to you. I was also in dealing with idem Dca Hope this helps Tbirdo another successful thread to keep you busy

Thank you Yodabug.

No we wouldn’t want that to happen , Thank you DX again. Donation has been made

DX must have a crystal ball (post 32) Notice of discontinuance letter received this morning. So once again a big thank you to everyone who has contributed to this thread, especially Andy & DX. I am sure you have heard all this before but I am going to say it anyway. With out the help & advice of these 2 gents, I don’t know how far I would have gone in the case. The advice they give is a godsend for the average person who hasn’t got a clue about DCA’s & how they operate, and the full court procedure. I must emphasise to any body else reading this thread PLEASE PLEASE do your own research in the CAG forums as well, this way you will be better equipped to stand a chance against these fleecers. Thank you Andy & DX DONATIONS DONATIONS DONATIONS

Thank you Andy. I am still waiting for their witness statement. Nothing so far. 2 copies of witness statements with exhibits ready to post. 1 to court ( will drop of in person ) 1 to PRA once again thank you Andy for all the assistance & advice

1ST draft witness statement. all advice appreciated In The *******County Court Claim No. ********* Between **********Claimant and *************** Defendant I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary. 1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 3. It is accepted that I have in the past had financial dealings with Barclaycard. That being a Credit card Agreement, of which I have never had a credit limit to the value the claimant purports to be allegedly outstanding. I do not recall the precise details of the agreements but do recall it was on or about the year 2008. 4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to. 6. I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the alleged amount. (EXHIBIT 1) 7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 02/11/2018. I made a request for the following documents: · A copy of the Default Notice · A copy of the Notice of assignment · A complete set of statements detailing exactly how the debt has accrued detailing · All transactions · Any additional charges applied since the account was terminated · Details of all contractual interest added by whom and on what date. · A statement of all payments received. The claimant to date has failed to comply to my request. (EXHIBIT 2) 8. A Section 78 request was sent on 28/01/2018 via royal mail signed for and shows as received 29/01/2018. The claimant has acknowledged the request by letter, but to date has failed to comply to my Section 78 request. 9 .On the 17/01/2018 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request. (EXHIBIT 3) 9. A CPR 31.14 request was sent 28/01/2018 via Royal Mail signed for and shows as received 29/01/2018. A Request for the following documents was made: · A full set of terms & Conditions · Notices of sums in arrears under running account credit CCA 2006 sec 86C. · Notice of Assignment · A Statement of account The claimant to date has failed to comply and disclose any documents. Conclusion To date no Default Notice has been produced, no Notices of Sums in arrears have been produced, No Notice of Assignment has ever been received, and to date no statement of account has been produced. The claimant has yet to comply to my Section 78 request with regard to clarity of a valid agreement, as yet I have never received an original or seen a copy of a valid agreement thus remaining in Default and therefore prevented from enforcing the agreement until such time it can comply. The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant. Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process.It would be far gracious and forthright for the claimant to admit that they do not have possession of any valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on. Until such time the claimant can comply and disclose the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. I believe that the facts stated in the witness statement are true. Signed…………………………. Dated……………………………

Thanks Andy for reply I was going to use this letter from another thread IN THE COUNTY COURT AT xxxx CASE NO: xxxx BETWEEN PRA GROUP – CLAIMANT AND xxxx – DEFENDANT  NOTICE PURSUANT TO RULE 27.9 (1) OF PART 27 CPR The defendant hereby gives notice that it will not attend the hearing on 30th July 2019 at XXXX and further gives notice that the defendant has served all documents upon which it relies on the claimant and has filed such documents with the court and hereby requests the court to decide the claim in the absence of the defendant and the defendant confirms it has complied with rule 27.9 (1) (a) and (b). To: The claimant and to the district judge. XXXX Served this XXX day of July 2019 by XXXX the defendant.

Hi there just a quick update. PRA have paid the court fees as expected. Still haven’t received any documents for the CCA/CPR. Hearing is for 30 july, typing error on post 31. so I am preparing a witness statement in response, will get it posted up over the weekend. my colleague is still adamant that he does not want to attend court, here’s hoping PRA discontinue the claim.

Thank you fredsed. Totally agree with your comments about Andy & DX absolutely amazing people.

So a BIG THANK YOU to everyone who has contributed to this thread. I would also like to say a very big THANK YOU to Andy & DX who really helped me see this case through to the very end. Without your help, advice, and patience I don’t when this nightmare would have ended. I will forever be grateful. Thank you again. This is the best forum I have ever been a part of, absolutely fantastic community, very friendly and helpful, no matter what time of day you always get advice. I hope my donations will help you and others in need of advice. so for other people reading this thread or any thread, my advice would be please do your own research within the CAG forums and get as much information as you can. Yes the people on here will advise but you need to digest the procedures and paperwork that goes with each case. Thanks to CAG I now know how to prepare a defence and was also preparing a witness statement. One of my favourite DX quotes “CAG is self help also” ( hope you dont mind DX me using that ) is an understatement. so once again a big thank you.