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    • 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
    • With regards to this county court claim by Lowell...my response was none... you asked what effect would BT not responding to SAR request have on this court claim...none.   If you wish to instigate court action against BT for none compliance to your request that is an entirely separate issue which is unconnected to this claim. If you cant get any information from BT with regards documentation then its a pretty good bet neither can Lowell to support their claim...but it does not stop you inferring to a dispute with the original owner of the debt as to why the debt shouldn't have been assigned and why the CCJ should be set a side. 
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deimosboy

old Blackhorse Car finance default filed 5yrs late

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Hi,

 

The background everything went off he rails when my business failed years ago prioritised the mortgage to keep a roof over our heads so ended up unable to pay the car loan.

 

2010 the door bell went man here to repossess my car, I moved the car to a friends with the aim to avoid repo and privately sell. It did not sell.

 

As the balance was not large I thought I would hold onto the car and pay it off when I got back on my feet. The damage was done no payments and two attempted repo's credit file goosed.

 

Forward a year on in 2011 the car is repo'd.

 

The debt fell off my CRA file but appeared last week with a default date of 2015 with the notice being on my record as Jan 18 the month it appears.

 

How do I handle this I need it removed, I probably received default letters etc at the time. Under the ICO guidelines the repo itself would be when a default would be established, no payments from early 2010 again more than 6 months so under ICO guidelines would be establish the default date in 2010.

 

I have not spoken with or written to lender since 2010 so this is SB.

My question is once SB is it always SB?

So am I safe to complain to the lender Black Horse and enter correspondence?

 

Is there any guidance/ template on the letter to Black Horse and template for complaining to ICO?

 

What are the timescales to realistic have this addressed as we are looking at a mortgage, historic defaults not worried about but this is the only one on my file and being updated in Jan 18 showing £1500 its going to cause a real problem.

 

Thanks again in advance for your excellent advice and support.

 

Kind regards

 

J

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Once SB it's ALWAYS SB, they can 'ask' for the money back, but they cannot take any legal action to get it.

 

As for the erroneous default marker appearing, first port of call would be to the CRA reporting it, inform them that the data they are processing is inaccurate and to remove it or legal action may be taken, (Defamation £1000 minimum)

 

Whose name is against the default?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi,

 

OK i am sure the SB is correct but just keep me straight please.

 

Is this letter OK to use will it have the effect I desire?

 

Thanks again for your help.

 

Black Horse was the original lender, its just the date of the default that is wrong.

Complaints Black Horse.pdf

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I personally wouldn't send that letter no.

 

I'd place a notice of correction on my CRF against the inaccurate entry, and complain to the CRA about processing inaccurate data.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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simply write to BH pointing out briefly about the 2010 repos and when the third missed payment was

include proof if you have it

 

give them 14 days to rectify the error else you'll complain to the ICO and seek monetary compensation.


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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moved to the Blackhorse forum


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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Wrote to the CRA's and BH advise it is been removed from my file.

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Wrote to the CRA's and BH advise it is been removed from my file.

 

 

Excellent!! Well done :thumb:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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