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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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MrJack1231

Asset Collections claimform - old Lending Stream PDL

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I personally think its an error contained within its particulars and a lack of experience in drafting......there is no need to serve separate particulars.

 

3.I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.


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So you dont think it will change anything if i include it in whatever is coming my way nxt?

What about the reference number issue? Is there anything i could use there?

 

I personally think its an error contained within its particulars and a lack of experience in drafting......there is no need to serve separate particulars.

 

3.I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.

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So you dont think it will change anything if i include it in whatever is coming my way nxt?

What about the reference number issue? Is there anything i could use there?

 

I have already advised on that in the other thread you have read and refer to .


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Just to update this.

 

I received a date for court, which before this i lost access to the address that the letters were going to, i didn't think at the time to call and change the address and to be honest forgot completely about it all.

 

I assume that any of the letters were thrown in the bin - im told that i never received anything, but i do not know that for sure.

 

So i never received any kind of outcome for this case, i don't have a ccj lodged against me (I pay the small fee last month to check the register).

 

I was fully expecting this to have gone against me for lack of contact etc... even more so that the other thread which had a similar court date to mine and almost identical particulars, defence etc - and same claimant, well he lost his case.

 

Is there any place i can search (online) to check the status of the case?

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yes MCOL


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so everything was filed to another address

no wonder mcol didn't work then!

 

ring northants bulk tomorrow and ask the status of the claim

will have to be tomorrow now they close at 4pm


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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It was my address at the time, and still is on paper. Will do thanks.

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