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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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Heya,

 

My employer's solicitors sent this to me today:

 

'We refer to your impact statement provided in relation to your sickle cell condition.

Having considered your statement we write to confirm on behalf of the Respondent that the Respondent accepts for the purposes of this litigation that you were a disabled person within the meaning of Section 6(1) Equality Act 2010 and that your disability is sickle cell anaemia.

The Respondent respectfully submits that this issue shall no longer be required to be dealt with at the Preliminary Hearing on 16 December 2016.

For the avoidance of any doubt, the Respondent denies all of your claims as set out in its response to the claim.

We confirm we have copied this email to the Tribunal.'

 

What shall I make of this?

 

Any input will be greatly appreciated.

 

Thank you.

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Heya,

 

My employer's solicitors sent this to me today:

 

'We refer to your impact statement provided in relation to your sickle cell condition.

Having considered your statement we write to confirm on behalf of the Respondent that the Respondent accepts for the purposes of this litigation that you were a disabled person within the meaning of Section 6(1) Equality Act 2010 and that your disability is sickle cell anaemia.

The Respondent respectfully submits that this issue shall no longer be required to be dealt with at the Preliminary Hearing on 16 December 2016.

For the avoidance of any doubt, the Respondent denies all of your claims as set out in its response to the claim.

We confirm we have copied this email to the Tribunal.'

 

What shall I make of this?

 

Any input will be greatly appreciated.

 

Thank you.

 

It seems they aren't contesting the disability argument. Without sight of your pleadings its difficult to have a view on your case.

p


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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They are accepting that you were disabled as prescribed by law, they undoubtedly will deny that any discrimination came about becuase of that fact or that no damages are due.

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Hi

 

Thank you for your replies. Yes, that is what they will undoubtedly argue. Question is, what shall I argue back? How does one counter this defence? Thank you once again.

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Also, they offered a settlement via an exit package last Friday which I speedily agreed to(I'm eager to leave the company from hell,lol) and gave them a figure on Monday. However, they have not come back to me and the PH is Friday. I have read they cannot offer an exit package and not go through with it because I can construe that as constructive dismissal; is this correct? I am talking to ACAS but would appreciate any thoughts/experiences you can offer me. Many thanks.

 

Alesha

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they haven;t offered it until you have the offer in your hand in writing. All you've done so far is have a totally legal chat about options.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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