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?
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.
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!