OH's IDEM claimform - MBNA credit card debt

[blondiegirl]

If I comment as per #304, "wetcloths don't buy debts they only chase. you've met them before" I can't put that lol.

 

Can Idem revoke a default notice considering they aren't allowed to action them, but do any way. I want to avoid losing those default marker?

 

I can't find much about Westcot - they can't be very big then??

[dx100uk]

I forgot your numbers are diff

this post

 

don't worry about them ringing - ignore

the DF's are invalid we know that but at least they have done it

[blondiegirl]

Thank you

So they can't remove a DF??

[dx100uk]

dunno

[theoldrouge]

Don't worry, they can only report the true position of the account 

There is no longer any arrangement 

The purpose of the PAP is to resolve, or narrow disputes prior to,

or to avoid Court procedures, so the invalid default needs to be introduced at this stage

[blondiegirl]

Hello. I've had a reply from Idem. My husband has had exactly the same letter.

 

The letter advised that they issued the DF notice themselves, and not MBNA. A copy of which has been enclosed. They are asking that we contact them within 14 days to confirm our ongoing intentions towards the accounts. Failure to do so, will result in litigation being taken.

 

They have enclosed DF notices sent in Nov 2018. 

 

Do I just ignore this?? It doesn't answer all of the points noted in my PAP. Obviously, I don't want them taking us to court.

 

In the meantime, Westcot has written to me again (another "penalty notice") to let me know that they've checked the electoral roll to make sure I actually live at my address........they're calling me daily too.

 

Thank you.

 

 

[dx100uk]

it does not say WILL result in litigation does it?

 

as for wetcoths no such thing as a penalty notice..stop making things up,

 

dx

 

[blondiegirl]

We've now both received the same letters from Idem.

 

They have written to say:

 

"Thank you for returning the reply form that we recently sent to you for completion, but we need to speak to you about it in more detail before we can set up an ongoing payment arrangement. 

 

Please contact us on 0800xx within 14 days of this letter to enable us to discuss further and establish a payment arrangement. If we do not hear from you within this time, we will commence Litigation action".

 

They haven't responded to the PAP correctly and now say that the WILL commence litigation action which I clearly don't want. Westcot has stopped bothering me though.

 

 

 

 

[dx100uk]

let them run

[Tbirdo]

Hi there sorry to hijack your thread, I thought my thread might be of interest to you. I was also in dealing with idem Dca

 

Hope this helps 

 

Tbirdo 

 

 

another successful thread to keep you busy

[blondiegirl]

please help!

i have just thrown up at the stress of this and i don't know what to do.

i cannot carry on with this.

 

they have sent my husband a ccj. a claim form from the county court business centre in northants arrived this morning.

i am now waiting for one to arrive for me.

 

from what i can see, we have 2 weeks to settle in full (we can't) or we're absolutely up the creek and this is precisely what i have never, ever wanted to happen.

 

2 weeks!!!! where do we find thousands of pounds from in 2 weeks??

 

after all the "just ignore them, they have no legs to stand on, they can't enforce debts" etc etc etc comments on here,

 

i followed the advice on here,

getting mocked along the way,

and simply stopped payments.

 

we are absolutely stuffed and i can't cope with this.

 

what the hell do i do?

 

 

 

[AndyOrch]

You need to calm down for starters ..you dont have 2 weeks to pay the claim.....you have 33 days to deal with the claim and defend it.

 

Thread moved to Financial Legal Issues forum.....please continue to post here to your thread.

 

Andy

[AndyOrch]

Thread title amended, please read the following link and then copy and paste the Qs and your responses back here for further advice on the process.

 

  

 

[blondiegirl]

OK, I will start to answer the questions but I think I am way out of my depth here and I was hoping this would be a lot easier and didn't expect a CCJ. Does this mean that a CCJ is now against my husband's name? 

 

1 question: we did complete PAP forms for all accounts which we completed and sent back - does this answer 'yes' to: 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?

 

 

[AndyOrch]

Hes not got one yet......and yes you have received a PAP

[blondiegirl]

Thanks. I will post once I've found the information out - I'm not entirely sure on all of the answers.

 

Is there any point in contacting idem and offering to pay instalments if this will cancel any potential CCJ?? Advice on the 'you have received a claim.....' thread suggests contacting the claimant. 

[AndyOrch]

They have issued the claim now and paid the relevant fee so I doubt they will withdraw the claim...but its your call..defending a claim is not for everyone...but I say this without any knowledge of the debt as I have not read your thread.

[blondiegirl]

I am not scared of defending a claim, but this is not my expertise and I am not clear on my rights and the law and even though I'm pretty clever academically, this is not something I find easy to follow.

 

I have read everyone's advice on here over the years  and finally decided to stop paying in May last year. I was too scared to up until then, but once I finally stopped payments, people's response on here was largely "well done - finally". And now look - CCJ!

 

To cut a long story short.....credit card debt from cards taken out in 2000 or so moved on to a Stepchange payment plan. I worked out that we'd have AP/AR markers until retirement which we can't have and I believe to be unfair - it's crippling us and putting our lives on hold. We complained to the FOS who agreed with us that MBNA should show the a/c on our credit file as clear and paid up to date and remove markers. But, Idem wouldn't budge on the AP/AR markers. So we were stuck with a AP/AR markers - until the DF was issued following non-payment as per the advice on here.

 

The advice was to pretty much ignore Idem, DCAs and all letters (except the PAP which was sent back). And now this. This isn't a sob story, but I have a serious heart condition and I'm not sure how much more stress I can take! I have said all along that we absolutely do not want CCJs!!  And now we have one - or quite possibly will. I desperately don't want one against our names, and I know my husband will go nuts. So we try and defend and risk losing, or take out some dodgy secured loan against the house to pay it off!

 

I just don't know what to do.

 

[blondiegirl]

Name of the Claimant ? IDEM

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 3^RD SEPTEMBER 2019

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

1.     A credit card agreement made between MNBA Europe Bank Limited and the cardholder (D)

2.     Claimant ( C ) purchased the balance on the account on 06/10/2016

3.     D accrued balance £ 2947

4.     D defaulted on payments

5.     C issued Formal Demand requesting payment dated 23.08.19

6.     Amount now due from D £ 2947

 

What is the total value of the claim? £3132

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? YES, I COMPLETED A PAP FORM AND RETURNED IT

 

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

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD

 

When did you enter into the original agreement before or after April 2007 ? BEFORE – JULY 2000

 

Do you recall how you entered into the agreement...On line /In branch/By post ? BY POST

 

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. BY THE DEBT PURCHASER IDEM

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? UNSURE

 

Did you receive a Default Notice from the original creditor? IS THIS MBNA? THEN NO

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? UNSURE

 

Why did you cease payments? ADVICE ON HERE

 

What was the date of your last payment? 10TH MAY 2018

 

Was there a dispute with the original creditor that remains unresolved? NO

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? YES. I WAS ON A PLAN FOR SEVERAL YEARS WITH MBNA UNTIL FACING FURTHER HARDSHIP WHEN PAYMENTS WERE REDUCED AT MY DOING. MBNA PASSED THE DEBT ON AROUND THIS TIME AND WHEN SPOKEN TO, IDEM REFUSED TO ACCEPT THE REDUCED PAYMENTS

 

 

[Tbirdo]

Hello there. 

If you get chance please try and read through the thread links I posted on POST 327, myself and the other cagger yodabug were also in a similar position to yourself in dealing with idem. If you follow the advice given here and follow timelines, you will also have all the information required to counter any claim idem will be making.

 

please try and remain calm and try not to stress your self out, people on here are here to help and give advice. 

 

 

[dx100uk]

can we stop the attitude please...

 

this claim is going no where as the original creditor has not and did not default the debt

pretty much whats been said throughout all these 327 odd posts

 

not having or being able to produce a copy of the default notice from the original creditor under section 87 will be fatal to idems claim.

they as a debt buyer cannot default it.

 

……………………...

 

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 

 

[blondiegirl]

So dx100uk, you're saying that because MBNA didn't ever DF us (Idem did) legally a judge can't enforce a CCJ?

Surely Idem know this??

And even though we decided to stop payments towards our own debt making this our own fault a judge would agree to 'cancel' this CCJ?

 

A couple of years ago, when we were trying to get AP/AR markers removed, the FOS agreed with us that MBNA should have reported our account as being up-to-date etc? We have clearly DF because we've not paid for a while now. But, we technically DF'd when we reduced the payments further following the initial agreement through CCCS/Stepchange.

 

According to the FOS, a credit agreement can be re-structured only once.

So, when we got into difficulties, MBNA agreed that we could pay £x a month until the debt was cleared

- this was agreed and this is why the FOS said that it should be reported as up to date.

 

However, we had to reduce these payments further at some point so wouldn't this have been defaulting on the agreement?

I'm not sure exactly who 'owned' the debt when we reduced the payments again but I know Idem said they didn't agree with it as it wasn't what was agreed, but that they'd accept lower payment and report as AR/AP.

 

I have CCA'd Idem and MBNA on this account and there is a signed agreement, but no 'original' t&c's sent

- only a print out of what would have been in place at the time.

 

Hope this makes sense.

 

 

21 hours ago, Tbirdo said:

Hello there. 

If you get chance please try and read through the thread links I posted on POST 327, myself and the other cagger yodabug were also in a similar position to yourself in dealing with idem. If you follow the advice given here and follow timelines, you will also have all the information required to counter any claim idem will be making.

 

please try and remain calm and try not to stress your self out, people on here are here to help and give advice. 

 

 

 

thanks for the message.

it's good to know that justice prevails, but we did received a DF notice (one of the threads you mentioned not getting one) and we have a clear application form (albeit without t&c's - just the completed name, address and some blurb agreeing to whatever the t&c's were). So I'm not sure this will be the same.

[dx100uk]

you haven't got a CCJ for any judge to enforce

you have a claimform trying to attain one

from one of the biggest fleecers in the book.

 

get post 344 done.

 

there is no default notice in existence from the original creditor so the claim will fail under section 87, amongst everything else that's wrong with documents etc.

 

idem have purely issued this because you blindly paid for numerous years,

having been told to stop too many times to even count since in 2012 here.

 

they hope, as you did when you got the claim, you'd run around like a headless chicken and wet yourself, then do something equally stupid like admit and ring and offer immediate payment...

 

we'll you are not, you have CAG , but you must now follow the advice given, and DO IT. 

else things will go belly up.

 

so POST 344..now! AOS CCA CPR

[blondiegirl]

 

Name of the Claimant ? IDEM

 

Date of issue – 3RD SEPTEMBER 2019

 

Particulars of Claim

What is the claim for – 

 

1.     A credit card agreement made between MNBA Europe Bank Limited and the cardholder (D)

 

2.     Claimant ( C ) purchased the balance on the account on 06/10/2016

 

3.     D accrued balance £ 2947

 

4.     D defaulted on payments

 

5.     C issued Formal Demand requesting payment dated 23.08.19

 

6.     Amount now due from D £ 2947

 

What is the total value of the claim? £3132

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? YES, I COMPLETED A PAP FORM AND RETURNED IT

 

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

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD

 

When did you enter into the original agreement before or after April 2007 ? BEFORE – JULY 2000

 

Do you recall how you entered into the agreement...On line /In branch/By post ? BY POST

 

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. BY THE DEBT PURCHASER IDEM

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? UNSURE

 

Did you receive a Default Notice from the original creditor? IS THIS MBNA? THEN NO

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? UNSURE

 

Why did you cease payments? ADVICE ON HERE

 

What was the date of your last payment? 10TH MAY 2018

 

Was there a dispute with the original creditor that remains unresolved? NO

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? YES. I WAS ON A PLAN FOR SEVERAL YEARS WITH MBNA UNTIL FACING FURTHER HARDSHIP WHEN PAYMENTS WERE REDUCED AT MY DOING. MBNA PASSED THE DEBT ON AROUND THIS TIME AND WHEN SPOKEN TO, IDEM REFUSED TO ACCEPT THE REDUCED PAYMENTS

 

Thanks

Sorry, do you mean follow the instructions on post #338? I can't find #344. I will do this as advised.

 

1. Do I send a new CCA letter to Idem? I have done it previously and the signed July 2000 application form was sent back.

 

2. With the CPR31.14, I do have the DF notice and a statement from Idem. They may well have sent a notice of assignment some years ago, but I don't know that. Do I still request all of these despite having  some of them? Isn't the signed application the agreement? Obviously there's no DF notice from MBNA because I technically didn't DF with them and it was reported as being up-to-date without AP/AR markers on my credit file.

 

3. With the CPR31.14, with the following:

 

"[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]"

 

Do I leave that in? I have returned a PAP in which I stated that the information was incomplete and I have previously CCA'd them. They sent the signed application form back, along with a page of t&c's which they say were in place at the time (July 2000).

 

 

[dx100uk]

just follow this:

 

 

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]