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    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • 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.
    • Just to update no reply from Marston regarding letter no further visit as yet.    
    • said that many times already.   time to move on me thinks   dx
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Marlin Europe II - Black Horse debt

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please NEVER EVER phone a fleecing DCA

 

they are NOT bailiffs

 

and have

NO SUCH LEGAL POWERS.

 

dx


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i would be getting that interest stopped as well, it also seems to have a mind of it's own going up and down.


PHOTOBUCKET TUTORIAL IS NOW DONE HERE IT IS

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Hi all

 

Sorry to bother you again.

 

I just now spoke to StepChange (CCCS) to discuss this debt and what they believe should be done.

The response was I think very biased for the creditors and even somewhat of a scare tactic, but still I want to run this by you for my own peace of mind.

 

CCCS say they have rules that do not allow ANY creditors on my father's payment list to be stopped.

 

Interestingly enough several months ago I had a heated dispute with another of his creditors,

JJB sports card where they were applying massive interest and charges resulting in after 7 years of payments a debt larger than the original.

 

Cutting a long story short we came to an agreement of a final settlement, minus ALL charges and interest and some more.

What I did was use his online account management with CCCS and reduce that creditor to £0 - no more payments were made to them or questioned by CCCS.

 

This is what I want to get clear though, if not for my sake for the sake of my worrying father!

 

1 - Marlin have NOT produced so far a Credit Agreement, within the timescale.

2 - I have issued them with a copy of a letter from this website to dispute this debt with 21 days for them to reply.

3 - CCCS have just informed me that as LLoyds were the original creditor, Marlin have no obligation whatsoever to provide me with a Credit Agreement...(Can't be right? Can it?)

4 - CCCS say as Marlin have stated they are "trying" to get the agreement and havn't stated they "Won't" get the areement the debt is still very much enforceable.

5 - CCCS stated to me that to cancel my DMP with them will highly result in all sorts of legal action, including bailiffs, court orders, debt collectors etc.

They also strongly advised me that creditors will highly likely only accept offers made from CCCS, not me!

 

Please guys look over this carefully for me,

I do appreciate your time.

I see some inconsistencies with CCCS, like number 3 and 4 above.

 

Funny they asked me where I'm getting all this "Credit Act 1974" business from and I stated own research and a very helpful consumer forum,

I had a strong feeling the advisor was none to impressed with me looking to a "Consumer help forum" - I think she knew which one I was looking at lol :p

 

I feel like I can see a little more clearly who CCCS really are and are now determined to take them out of the equation.

 

Please help me if you can clear the above up, if only for peace of mind before I act.

 

Also all his creditors can deal with me if my father gives them permission, right?

 

Cheers guys, many thanks.

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Hi all

 

Sorry to bother you again.

 

I just now spoke to StepChange (CCCS) to discuss this debt and what they believe should be done.

The response was I think very biased for the creditors and even somewhat of a scare tactic, but still I want to run this by you for my own peace of mind.

 

CCCS say they have rules that do not allow ANY creditors on my father's payment list to be stopped.

 

Interestingly enough several months ago I had a heated dispute with another of his creditors,

JJB sports card where they were applying massive interest and charges resulting in after 7 years of payments a debt larger than the original.

 

Cutting a long story short we came to an agreement of a final settlement, minus ALL charges and interest and some more.

What I did was use his online account management with CCCS and reduce that creditor to £0 - no more payments were made to them or questioned by CCCS.

 

This is what I want to get clear though, if not for my sake for the sake of my worrying father!

 

1 - Marlin have NOT produced so far a Credit Agreement, within the timescale.

2 - I have issued them with a copy of a letter from this website to dispute this debt with 21 days for them to reply.

3 - CCCS have just informed me that as LLoyds were the original creditor, Marlin have no obligation whatsoever to provide me with a Credit Agreement...(Can't be right? Can it?) - WRONG!!

4 - CCCS say as Marlin have stated they are "trying" to get the agreement and havn't stated they "Won't" get the areement the debt is still very much enforceable. - WRONG!!

5 - CCCS stated to me that to cancel my DMP with them will highly result in all sorts of legal action, including bailiffs, court orders, debt collectors etc.

They also strongly advised me that creditors will highly likely only accept offers made from CCCS, not me!

 

- WRONG!! under various rules, a personally run DMP should not be disadvantaged against a paid or ot charity one

ofcourse CCS will use scare tactics...who do they get paid by....in the long run

for a DMP of this age, they NEVER EVER did any checks on the creditors/dca to ENSURE they had the legal RIGHT to demand payment

and [as you have found with the JJB debt] NEVER EVER look at PENALTY charges or PPI reclaiming.

DCA's are NOT BAILIFFs, they have NO SUCH LEGAL POWERS. as for BAILIFFS,

they ONLY come AFTER its been to COURT

a CCJ is awarded, you FAIL to meet the CCJ, the creditor switches court & pays more to get the HCEO bailiffs involved. [very very rare on acivil debt]

 

 

 

Please guys look over this carefully for me,

I do appreciate your time.

I see some inconsistencies with CCCS, like number 3 and 4 above.

 

Funny they asked me where I'm getting all this "Credit Act 1974" business from and I stated own research and a very helpful consumer forum,

I had a strong feeling the advisor was none to impressed with me looking to a "Consumer help forum" - I think she knew which one I was looking at lol :p

 

I feel like I can see a little more clearly who CCCS really are and are now determined to take them out of the equation.

 

Please help me if you can clear the above up, if only for peace of mind before I act.

 

Also all his creditors can deal with me if my father gives them permission, right?

 

Cheers guys, many thanks.

 

sadly, me thinks 90% of what you are paying through CCCS are cash cow debts.

 

dump them

 

CCA everyone of them

 

NO CCA = NO PAY.

 

sadly unless there is PPI involved

 

you've prob LOST the chance of claiming back all the PENALTY charges WRONGFULLY applied to these debt

outside of 6yrs

 

i bet each of the debts, [as you found with JJB] are simply PENALTY charges.

 

nothing was owed the first place!

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks for that dx.

 

So just to be absolutely clear, if there is not a Credit Agreement there's nothing they can do?

 

Cheers.

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correct

 

even more so if they credit is prior to mid 2007

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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My father has now received the Credit Agreement :( It would seem my only path now is try and get this interest stopped.

 

Personally I would give them £1 a month, but I will see what my father wants to do.

 

Cheers guys.

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