already answered in post 269

Well no, not really answered my questions.

Whether they have power or not (I know they don't), I am worried about the doorbell ringing, so I asked:

Does anyone have any experience of them calling?

Am I likely to get a scary bloke turning up in the evening?

Do they come in working hours?

Do they come back if we're not in?

When/if I speak to them and tell them to leave, will they come back?

yes to all the questions

bar the last one which is no.

stop panicking .... zero power to do anything

Thank you

Great, now Idem are calling me!

On the PAP form, am I at risk of Idem revoking the DF if I put them down as invalid?

Westcot have written offering a settlement letter which I take as a 'good' thing??

Still nothing from Idem. Now, I know that their threats don't necessarily mean that there WILL be any litigation but obviously I'd like to avoid that. They didn't really respond properly to my PAP form - do I need to write and point this out?

Bet they are - bear in mind they have no powers, they are only on commission if they fool somebody to pay them

Can i ask again about the reply we've received from Idem?

Idem wrote to us following receipt of our completed PAP forms. The letter advised that they issued the DF notice themselves, and not MBNA.  The DF notices were enclosed (even though legally they shouldn't be the ones to issue a DF, I don't trust them not to remove the it). They also sent pages of t&c's - not the originals. 

Do I go back to them asking for the original information?

To summarise:

My 2 MBNA a/c's - 2 illegible micro-fiched type pages of an application form

My husband's - clear signature on application form, but no original t&c's - just copies of what they say, would have been sent

Thanks.

next move is not yours

So nothing from Idem - yet. Until they "start litigation".

But, Westcot are back on the scene and are now texting and leaving automated voicemails every day.

Am I reading too much into this and getting my hopes up?

They're just getting nowhere and for many months have been chasing.

But they're not actually doing anything which will get them their money back

- is this because they think they don't have a leg to stand on and will eventually go away

(unless, they actually do start legal proceedings)??

they never were going anywhere in the 1st place.

and theres little money to 'get back'

they've already made a profit on you

and any other free money they get out of you is just that.

block and bounce text msgs as spam.

block them on voice mail.

Idem and Westcot are already blocked. Their automated calls can still leave robot answerphone messages though and texts - I just delete them.

So nothing since June from Idem in relation to our 3 accounts. No phone calls nor letters. Until this week.

Idem have written to my husband (not my a/c's) and said:

"Your account has been transferred to our Litigation Dept. in connection with the outstanding balance.

Unless proposals to clear your account balance are received within 7 days from the date of this letter, we will issue proceedings without further recourse to you.

Should this course of action be taken, legal costs will be charged in addition to the principal sum".

I really don't want further action taken, nor legal costs added! Also, they sent another letter saying "here's the documents which you requested" and enclosed copies of a bunch of their letters - we hadn't exactly requested these at all. They have sent copies of letters and other print-outs months ago.

Also, the letter has come from their "Litigation Dept." with the Claimant being "Idem Capital Securities Lrd".

funny how they say WILL and then 'should' 

dx

Yes I know they chose their words carefully

But, on another forum, idem did issue legal proceedings (under £10k, CCJ etc) which I want to avoid so I am dreading them taking this further as clearly they'll want their money.

see what they do next if they claim then there are ways to attack or settle

OK, I'll wait and see what they send (although there's not much else I can do).

TY both.

So I've gone through using my own form which has just arrived and no problem getting in. WEIRD. So I've just gone through the AOS option and have:

start a new thread for the other claimform please.

as for what happens now

again i refer you to the bottom of post 348

and get reading any/all other like claimform [card] threads in this very forum yours is in.

Having received a claim form from Idem last week, I've now sent a CCA letter and a CPR31:14 to Idem.

I've also been on the money claim site and registered as an individual.

So now have to file a defence.

Please complete the following link and copy and paste the Q,s and your responses back here for further advice.

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-claim-what-you-need-to-do-updated-jan-2019/

Andy

Thanks, yep. I've been reading through them. I'm getting the defence together.

Thank you  Here are my responses:

Claimant - Idem

Date of Issue - 11 September 2019

Particulars of Claim

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

1.     A credit card agreement made between MNBA Europe Bank Limited and the cardholder (D)

2.     Claimant ( C ) purchased the balance on the account on 31/08/2012

3.     D accrued balance £ 1803

4.     D defaulted on payments

5.     C issued Formal Demand requesting payment dated 29.08.19

6.     Amount now due from D £ 1803

What is the total value of the claim? £1988

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? YES, I COMPLETED A PAP FORM AND RETURNED IT

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO

Did you inform the claimant of your change of address? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD

When did you enter into the original agreement before or after April 2007 ? BEFORE – 2000

Do you recall how you entered into the agreement...On line /In branch/By post ? BY POST

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? YES

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. BY THE DEBT PURCHASER IDEM

Were you aware the account had been assigned – did you receive a Notice of Assignment? UNSURE

Did you receive a Default Notice from the original creditor? IS THIS MBNA? THEN NO

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? UNSURE

Why did you cease payments? ADVICE ON HERE

What was the date of your last payment? MAY 2018

Was there a dispute with the original creditor that remains unresolved? NO

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? YES. I WAS ON A PLAN FOR SEVERAL YEARS WITH MBNA UNTIL FACING FURTHER HARDSHIP WHEN PAYMENTS WERE REDUCED AT MY DOING. MBNA PASSED THE DEBT ON AROUND THIS TIME AND WHEN SPOKEN TO, IDEM REFUSED TO ACCEPT THE REDUCED PAYMENTS

I've sorted your MBNA claimform threads out now

this thread is for YOUR claimform

The attached was delivered. A sign application form (with the words 'credit agreement' on them) and Idem's print out of transactions.

Whilst looking through the paperwork, I found the attached for the other Idem account I have. I haven't had anything for this account yet, but I guess it's a matter of when. Is this a correct credit agreement and if so, does this mean I'm stuffed? 

Idem2.pdf

IDEM_SCAN (1).pdf