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Neeta

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About Neeta

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  1. Thank you for your help, just to clarify please. In the CPR 31:14 request do I just ask for 1. the agreement .....etc and delete the the items 2. to 6. as listed since these have already been sent to me by the claimant (btw the 'solicitor' is IDEM's litigation dept) or do I ask for all the documents again as they are part of the 'Particulars of the Claim' Thank you again
  2. I have completed answers as noted above. Name of the Claimant ? IDEM Capital Securities Limited Date of issue – 12 Nov 2019 What is the claim for – the reason they have issued the claim? a) A credit card agreement made between MBNA Europe Bank Limited and the cardholder b) Claimant purchased the balance on the account on xx/2016 c) Cardholder accrued balance £5500 d) Cardholder defaulted on payments e) Claimant issued formal demand requesting payment on xx/2019 f) Amount now due £ 5500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes 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 What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 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. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved? Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment. We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments. In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying. I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
  3. We have now received a claim form with forms N9A and N9B attached for response. Do I follow this thread and provide all the information in a new post now to get further advice from you on how to complete the form(s)? TIA
  4. ok - Please note, should we not hear from you within the following 14 days of this letter, litigation action shall commence.
  5. I used your reply form and sent it to them stating I disputed due to previous incomplete/unenforceable CCA and also asked for Default letter, notice of assignment etc as per advice. I received the Notice of Assignment, account statement and default notice and today received another letter stating pretty much 'we sent you what you asked for but you haven't replied...14 days to respond or litigation action will commence' They seem to have ignored the 'I dispute I owe the amount' part due to lack of CCA? Or do I need to respond now to say I still dispute due to lack of proper enforceable documents (CCA) Thank you
  6. Thanks - this is what they sent IDEM_CCA_Response.pdf
  7. Thank you Andy, I have read through the thread just a couple of questions. I have already sent a CCA request to the DCA and they provided me with the T&C and application form, is this therefore my 'reason to dispute this debt' ? The thread suggests I return the form to the solicitors that sent me the PAP - the letters are still coming from the DCA - IDEM Servicing. Does this make a difference? Should I just return the form to them? Thanks for your help
  8. Hello again. As you will have seen above, my recent query early this year was in relation to 2 CC debts previously sold off to DCAs and subsequently transferred to another DCA. SInce I sent the CCA requests I received one letter saying they didn't have it and realised this meant they couldn't enforce the debt but would continue to contact me - which they have, asking for income & expenses etc etc which I have ignored. The other they sent me a copy of the application form with terms and conditions which DX advised wasn't a copy of the CCA and I should ignore. Following that I have received several letters firstly saying they would be referring the account the ResolveCall who may visit me at home, to my knowledge they haven't. Further to that I then received a letter stating they were in the process of referring the account to their Litigation Dept. included was a form to complete with tick boxes, I owe the debt, I owe part of the debt, I dispute the debt, I don't know etc which I ignored (I was given 30 days to reply) I have now received a further letter telling me if I don't reply it will be sent to the Litigation Dept. Any idea what happens next ? If they take me to court what is my argument ? I've tried to research on this forum but haven't come across anything that quite covers this type of letter. I expect this is usual procedure but I'm not sure if the intent is to scare me into submission or if they feel they have a serious claim that they can take me to court for.
  9. I haven't lost my home and I am currently managing my income and expenses very well. I have sent SARs and reclaimed fees and PPI which reduced the original debts. Thank you for the advice ScarlettPimpernel that was very helpful.
  10. Thanks I can probably dig that out, I keep almost everything. If I do find it, do I send a copy to the DCA? and if so what do I tell them?
  11. They were still on the file though, as I mentioned in an earlier post the DCA put a new default on 4 years ago when I lowered the payments
  12. We received another letter yesterday, saying we haven't set up a payment agreement and unless we rectify in 7 days they will either send our account to their interal recoveries dept or place it with an external dca for recovery. At the end it states Late payment and arrears will be reported to the credit reference agency and may affect your ability to obtain credit in the future. I'm fully aware that our credit rating is rubbish and am not bothered about that, what does concern me is it may well affect my husbands work. He currently has SC clearance but with a review date - we fully disclosed our previous credit problems and detailed our payment plans to resolve them when he applied for clearance. When he gets reviewed and it shows that we have stopped paying some of these off they may withdraw his clearance which will stop him being able to work. I know you won't agree with this at all but I am tempted to offer a Full and Final payment, just to stop this getting worse again (for me personally and my mental health) and it affecting my husbands ability to work. We are just getting on our feet again. Given what I've explained about the SC would you have any additional advice please?
  13. Thank you DX, so do I tell them that or just continue to ignore?
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