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    • 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
    • With regards to this county court claim by Lowell...my response was none... you asked what effect would BT not responding to SAR request have on this court claim...none.   If you wish to instigate court action against BT for none compliance to your request that is an entirely separate issue which is unconnected to this claim. If you cant get any information from BT with regards documentation then its a pretty good bet neither can Lowell to support their claim...but it does not stop you inferring to a dispute with the original owner of the debt as to why the debt shouldn't have been assigned and why the CCJ should be set a side. 
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RU753

HPH2/Cohen Claimform - old HSBC Credit Card 'debt' ***Claim Discontinued***

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you've got the important thing done

now go read other claim threads

either in this forum or the successes forum off this one

 

we don't 100% nurse maid, this is a self help site too...


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Thanks dx,

 

I will read other threads and wait for a reply from the county court.

 

Many thanks to you and the rest of the guys for all your help so far. :thumb:

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Hello everyone,

 

I have now received a Notice of Proposed Allocation to the Small Claims Track what do I need to do now?

 

Please advise.

 

Many thanks,

RB

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Fill it in and send it back?

 

Yes to mediation

Rest is obvious

 

Read other claim threads too


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Hi DK,

 

After I put my defence in the only letter sent back to me was a reply to the 31:14.

 

https://drive.google.com/file/d/0BytXDIYLA5NNREcwc09rUF9MTEU/view?usp=sharing

 

 

They didn't send me anything else after this but only the Notice of Proposed Allocation to the small claims received a day ago.

 

https://drive.google.com/file/d/0BytXDIYLA5NNSFZDWkpqVl9aTjA/view?usp=sharing

 

 

Do I need to send this in or call them?

 

Many thanks,

RB

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This is the Allocation (directions questionnaire)...the stay has been lifted and the claim is proceeding...you must complete the N180 and return it by the date stated (12th Dec)...copy to the court...copy to the claimants solicitor.

 

Yes to mediation yes to small claims track...name your local county court...the rest is self explanatory tick boxes.

 

Retain a copy for your file.

 

Andy


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ah so I was right there are more pages?:lol::lol:


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Not necessarily, fill in the DQ and return it to court.

 

Yes to mediation.

1 witness, thats you

Enter your local court to transfer to it

 

The rest is self explanatory, Small Claims Track is correct for any claim under 10k.


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Thanks Martin,

 

I will get it ready and sent off. :-)

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Just noticed Andy's post above also.

 

Serve a copy to the claimants solicitor aswell as court and keep one for file.


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Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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thread tidied

 

 

dx


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ok, I will do that and keep proof of postage.

 

Thanks

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Hi Andy,

 

I am sending this off first class today but I was thinking if I sign it and send a copy to the claimants solicitor do you think they will copy my signature?

 

Many thanks,

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Dont sign it ...there is no requirement...just sign the courts copy


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Thanks Andy,

 

I am off to the post office now. :)

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Hi,

 

The court mitigation contacted me asking if I will be making a payment and I said no as I will need to talk to them first but they said they would need to transfer it because I will not pay why is that any idea?

 

I also told them I did not receive a reply to my CCA and she was like I would need to transfer this.

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you mean mediation

so you got all the documents then?

and they are enforceable?


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I didn't receive any documents from them other then this: https://drive.google.com/file/d/0BytXDIYLA5NNUzNFWEthT1kzMjA/view?usp=sharing

 

They said on the call, if I didn't receive all the documents I requested from the other party then it would need to go court but if I'm happy with what I have received from the other party then I would need to make an offer on the day.

 

They said people think mediation is there for someone to hear both sides but in fact it's there for you to make an offer if the other party accepts the offer then they would do the contract.

 

What should I do now?

 

Many thanks.

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you haven't got any paperwork

mediation asked you a question or two didn't they?

 

 

have you received all the required documentation...

the answer is NO, mediation will fail.

 

 

dx


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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They asked me if Iv received all the paperwork and if I will be making an offer.

 

I said I didn't get the paper work and im not sure what I will be paying for, they then said they will transfer it, I then asked them transferred to where they said to court.

 

They said they will not allow it for mediation as iv not received anything from the other party. Does that mean mediation has failed?

 

Many thanks.

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Yes, mediation has failed and the claim will now be transferred to court for a hearing.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Thanks Martin,

 

What would I need to say when I go court and do I need to take anything with me?

 

Many thanks,

RU

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might not even get that far..


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

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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

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