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    • So ignore any calls/letters off DCAs and try and work with PayPal directly to pay small amounts that I can afford?  Like ive said, I’ve opened a new bank account and transferred my regular in’s and out’s to that account. I’ve removed my old debit card from PayPal but left on there my old bank account info, reason being I’m hoping that makes it easier to send payments to PayPal. Does this seem a good idea? 
    • 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.    
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pinny24x7

TMB [part of the lloyds banking group] Eviction date 22/03/2017

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as they didnt get the eviction the sols fees shouldnt be there unless the court ordered them to be paid by you. You will be reclaiming that

 

I don't know this 100%, but if a mortgage holder is in breach of the mortgage terms and action is taken in accordance with the mortgage contract, they can include relevant legal fees/costs incurred. It does not have to be part of the court consideration as to whether the costs are due. It would of course be different had the court been asked to consider these Solicitors fees, but i doubt it was the case.

 

If there is now a dispute about various amounts added, then if a court has never considered these, the FOS can look into them or if a court has actually directly considered costs, then we would need to see what the court actually said about them. The benefit of getting the FOS involved, is that it might cause TMB more hassle to deal with and they might well be less inclined to take this to court again while the FOS are involved. If the FOS are willing to look at any issues, it may give a bit of a breather while you look to get into a better position.


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as they didnt get the eviction the sols fees shouldnt be there unless the court ordered them to be paid by you. You will be reclaiming that

 

I didn't know this, I'll add this in to the total. I will also send off a SAR, I would have thought they would have charged interest on everything as the charges we capitalised into the balance

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Yes they do


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I don't know this 100%, but if a mortgage holder is in breach of the mortgage terms and action is taken in accordance with the mortgage contract, they can include relevant legal fees/costs incurred. It does not have to be part of the court consideration as to whether the costs are due. It would of course be different had the court been asked to consider these Solicitors fees, but i doubt it was the case.

 

If there is now a dispute about various amounts added, then if a court has never considered these, the FOS can look into them or if a court has actually directly considered costs, then we would need to see what the court actually said about them. The benefit of getting the FOS involved, is that it might cause TMB more hassle to deal with and they might well be less inclined to take this to court again while the FOS are involved. If the FOS are willing to look at any issues, it may give a bit of a breather while you look to get into a better position.

 

The court was never asked to consider these.

 

I will wait to see what the SAR brings back

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as they didnt get the eviction the sols fees shouldnt be there unless the court ordered them to be paid by you. You will be reclaiming that

 

 

You would need to ask the judge at the hearing not to allow the legal costs as the litigation was unnecessary due to the Claimant refusing reasonable proposals for payment. All they will say now is that they are allowed to add the fees as it's part of the loan agreement. However, the fees do need to be reasonable - if they used in house legal team they shouldn't be charging law firm rates. Ask for a breakdown of the legal fees.


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Hi

 

What is the best spreadsheet to use when working out unfair charges?

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depends on the interest rate APR?


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

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depends on the interest rate APR?

 

Not 100% sure DX think it's 4.85 ish

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Not 100% sure DX think it's 4.85 ish

 

Should have mentioned in regards to mortgage charges

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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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