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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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Fmcool

Lowell claimform - old HBOS OD Debt***Claim Discontinued***

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get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

wont hurt to do the above..

 

 

if the bank don't hold anything

I will guess its statute barred then as that tallies with what you are saying

 

 

this can be addressed in your witness statement.

 

 

get the CCA/CPR running.

I take it since the claimform [ or knowledge of the claim]

you have not asked them to prove their claim under CCA/cpr?


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I will try and send a request for the cca and the CPR.

 

When I received the DCA's letter informing me that a claim had been filed in the county court I had replied them requesting them to send me proof of last payments/contact to the account but not fully worded as the CCA/CPR request samples on the forum

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try = no do it!!

 

 

CCA cannot be ignored its a legal request

at least get that running tomorrow as a matter of priority...


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Am sending the letter off today.

Today also,

I have just received an E-mail for invitation to mediate via telephone service,

 

 

my question is

1. Should I still send the cca off

 

2. On the email I received,

it stated if I can answer yes to all the 3 statements mediation is available.

 

 

One of the statements is

"I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate"

 

 

my answer to this will be no as lowell is yet to send me the proof of last payment since I have asked then 2x over a month ago.

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you answer yes until the actual mediation phonecall

THEN you say NO

 

 

please get your CCA/CPR running

you are losing time.

 

 

dx


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you answer yes until the actual mediation phonecall

THEN you say NO

 

please get your CCA/CPR running

you are losing time.

 

dx

 

 

Am a bit in a panic as I have the telephone mediation tomorrow and don't know if a deal will be reached as the claimant had failed to supply me with the requests I had asked for about 4x now.

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so post 30 tells you what to do nothing to panic about...

 

 

dx


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

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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

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The CAG Interest Tutorial Read Here

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so post 30 tells you what to do nothing to panic about...

 

 

dx

 

What's post 30 pls, where do I get that?

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you quoted my [last] post [#30] when you posted today with your question!!


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Mediation wont proceed once you inform the mediator you are not in a position or possession of all the documents.....thats assuming you need the documents to mediate and wish to reach a settlement.

 

Andy


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Update!!!

The mediation failed eventually as I was not agreeing to settlement.

 

 

The court then sent a letter of details of the hearing to be end of September.

 

 

2days ago I received a letter from lowell solicitor informing that their client has informed them to discontinue the claim and a copy been served to the court.

 

Oops! What a great relief reading that.

 

 

I cannot thank you guys enough for your support especially your speedy responses,

glad I found this forum.

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hey you won!!

 

 

well done CAG

 

 

dx

 

 

 

 

 

 

 

 

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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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Good news FM......thread title amended to reflect the outcome.

 

Regards

 

Andy


We could do with some help from you.

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