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    • 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.    
    • said that many times already.   time to move on me thinks   dx
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Catlady66

Swift advances delayed repo on secured loan absolutely excessive charges

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I would really like to supply that info but I totally have no idea sorry as I have only found the strength to open letters and even then I am having to force myself to do it a lot of the time I walk away from them for a while but eventually make myself open them

 

I have another list of payments or charges not sure if it will day on there

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the sar will tell us everything

 

anything to date you have redact and scan up.


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It looks like one try and two litigations incl most recent, by the charges DX. Drop jaw charges.

 

Well done CL66 you've found good docs.

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yes worth £1000's for their age and int rate.

 

dx


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I hear Swift are sending out letters now and the CAB is one of their recommendations to contact for help.

 

I hope you are all organised CL66 if that's still the case. Update when you can.

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Hi Determindator

What are the letters they sending out ???

 

I went to a 10 minute hearing at court last Friday... judge suspended order for 2 months and I confirmed I would pay £300 a month the amount I was proposing 2 clear any debt owed to swift until the next court hearing which will be an hour long

 

They received their 1st £300 by direct debit yesterday

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Hi to you CL66. Glad to get news from you. Just general letters to some borrowers who are not clearing the loan debt. You may not receive this letter.

 

Can you tell us what's happened after I suggested a visit to the CAB. The last we heard was you had a hearing on the 14th May.

 

I can see CL66 signed into this thread but not showing as signed in bottom of home page.

 

We would like to know also your progress as you prepare your evidence and WS so if help needed there's plenty of time for helpers to assist.

 

It's magic! I see you on home page now CL66!

 

Hope we hear from you.

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Rang CAB the next day after you advised they were all positive on the phone ... I advised need an appt she asked why I explained my whole situation and she was all positive and yeah we can def help you with that you don't need an appt I just need to transfer you through to someone who can help

 

She proceeded to transfer me to national debtline and yeah after talking to them I might aswell of locked my front door and posted the key through letterbox and never went back

 

Really disappointed with CAB

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It's a shame your CAB has not come up to your expectations but it's not usual and maybe because of their particular resources.

 

The idea is to get an appointment to see an advisor

 

The experiences I know of from others is of immense help and support.

 

That aside, it would be good for others to know how you got to where you are now i.e how did your 10 min hearing get organised.

 

Just reading back, not a hearing 14th May but was a date Swift gave as ultimatum.

 

Glad you got your hearing before that CL66 and you have time to breath and focus after all you've gone through.

Edited by dx100uk
merge/space

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Hi

not been on here for a while had a lot to deal with and try to keep it together but I was back in court on Friday and the judge awarded me the time order I requested to keep my home so relieved for myself and my daughter

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well done!

 

now comes the big slog in getting that PPI reclaimed and al the unlawful penalty charges.


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ombudsman decided only £700 was unlawful so that's what swift took off the amount

 

I now have a complaint in with the ombudsman who investigated these unlawful charges

 

Swift surprise surprise turned down my ppi claim only refunding the £700 commission they put on it then after refunding it a week later charged me £700 in solicitors fees nice of them.

 

The judge instructed Swifts solicitor 2 go back and tell swift to get the ppi refund sorted before we go back before the samr judge in 3 months time

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ok lets make sure we get the spreadsheet right then..

though you are saying you got the commission back? - plevin ruling ?

if so you cant have both AFIAK.

 

what about all the other sols fees previously you mentioned...was there a court case each time they charged them?


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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

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sorry what is AFIAK ???

 

The judge was shocked to learn that a £10,000 loan taken out nearly 11 year ago that up to date I have paid swift £25,000 and that the £3,300 arrears they say I owe have now increased to £18,000.

 

The judge wanted to reduce the amount owing there and then but he doesn't have that jurisdiction as pointed out by Swifts solicitor.

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really? he did..

AFAIK = As Far As I Know


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

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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

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the judge reduced the interest they want me to pay on the £18,000 from 13.4% to 7%

 

Swift instructed their solicitor no lower than 7% or they will lose money

 

lose money really they have made more than enough from me.

 

Swift also want me to pay it back at £500 a month.

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what about all the other sols fees previously you mentioned...was there a court case each time they charged them?


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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