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    • I did call student loans and they don't have any record of anything and no details were coming up with the old Student Loans reference number. They were the ones who told me that the loan would have been taken over by Erudia and asked me to call them instead.
    • yes when you get your N180 from the court. on the sols copy omit phone/sig/email.
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    • IMHO i would never have a DD setup for any consumer credit debt. they are not a priority, like mortgage/rent/CTAX/Gas/Electric.   this gives you a bit more work to do, but it ensures there is always money for the priority things that can threaten the roof over your head or it's the necessary home utils needed with one.   it's also worthy to note that somethings that are unconscious priorities (though NOT!) like mobiles/phone/digital tv and broadband etc DD's often contribute to the real priorities not being paid. careful management of those needs to be exercised, like moving their payment dates to after the priorities are deal with in your calendar, or vice versa move the priorities to before those come out.   it is stunningly amazing how many families fall into priority bill debts by blindly pay these 'mentally essential luxury gadget' bills and are in total ignorance of the effect they have upon their available funds as 'they can't live without them'.
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IDEM re MBNA Card £3k debt Debt - ignored PAP now got 7 day court threatogram


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Hi, Please can you help urgently with the attached letter received from IDEM regarding an MBNA credit card agreement.

The letter states that my account has been transferred to the Litigation Department and am given 7 days notice before they commence legal action (CCJ).

 

I previously sent a CCA request last September and the attached was received.

Also note in the attached that the debt was later (November 2017) sold to another company within their group (Idem Capital Securities).

 

Can you please check over the agreement provided by IDEM Servicing and advise what my next steps should be to defend the case. Many thanks!

 

Note that I did also get a letter from IDEM Servicing in March 2018 stating that they will pursue Litigation in 30 days.

IDEM - MBNA Agreement.pdf

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Today I received a threat to litigate in 7 days for one of the MBNA debts detailed at the start of this thread. Note that I have made no contact to any of the creditors after stopping my cash cow payments and sending CCA requests last August 2017.

 

Please could you advise, I really need urgent help to know how I can defend this case.

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well they cant they must abide by the pre-action protocol

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Have those that issued the threats responded to the CCA request. Remember as well, theres a set procedure they MUST follow if they want to litigate. Until they start that process, its just threats.

 

If they have never fulfilled the CCA request, then they cant do anything. They can try, but theyll fail.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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which one

the £7k or the £3k one

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes they have fulfilled the CCA request some months ago now, after a few months wait of giving them the CCA request. Although I am not sure if it's valid. see attached pdf in the link. What is the set.procedure they must follow? I have been sent numerous letters from them.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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then await the PAP letter of claim

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Update on this, IDEM who originally bought the MBNA debt some years ago (now 3K) have given me 7 days notice of intent of legal action, after sending me the original 2005 signed agreement some months ago (which look unenforceable to me) but have not contested it yet.

 

The letter states that unless proposals to clear my account are received within 7 days, IDEM will issue proceedings without further recourse to me.

 

Would appreciate any advice.

 

I have uploaded the signed agreement in the MBNA sub forum along with the letter received.

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Note that I have also received a PAP letter of claim form 30 days ago, which I did not fill in as thought it was a phishing letter by the debt collection agency.

 

So looks like I will receive court proceedings within the next 7 days! Is there anything /i can do at this later stage? Should I make an offer of £1 per month (all I can afford) with an offer to settle for 40% (family member willing to help), or should I claim agreement is not enforceable?

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torchy

KEEP TO THIS THREAD

for post on this £3k MBNA debt

I keep moving post s over to here from your other thread.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you need to goto this thread

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

and follow post 6.

 

DO NOT USE THEIR FORM!!

 

that CCa is a copy n paste jobbie

plus they'll have to supply all the other paperwork listed in post 6 of that thread.

 

for the question answer..the claimant has failed to suitably comply with my CCA request of date xxxxxx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Is it too late for me to return the form now? The original PAP letter was dated 16th March. The new letter received today giving my a final 7 days notice was dated 23rd April.

 

What happens after they provide all the info requested. As discussed, I already have the original agreement. Should I request it again or state it is not compliant. If not compliant what reason should I give?

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just return the [OUR] pap form as I've detailed in post 16 please

doesn't matter its late

you've complied

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

thread title amended

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks DX, Just to confirm, when I reply

 

the claimant has failed to suitably comply with my CCA Request of date xxxxxx

 

Do I also request a new CCA or just ask for the other points:

 

a copy of the Default Notice

A copy of the Notice of Assignment

A complete set of statements detailing exactly how the debt has accrued detailing:

I. All Transactions.

II. any additional charges, be them by the original creditor or you xxxx the debt purchaser or any predecessor DCA.

III. details of all contractual interest added by whom and on what date.

IV. List of ALL Payments made toward the Agreement

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all good no don't re request CCA.

 

post it up here 1st mind!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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your PAP reply:madgrin:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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My PAP reply is just:

 

Box D ticked.

 

I dispute the debt because the claimant has failed to suitably comply with my CCA request of ...[DATE]...

 

Box I ticked:

 

A copy of the Default Notice

A copy of the Notice of Assignment

A complete set of statements detailing exactly how the debt has accrued detailing:

I. All Transactions.

II. Any additional charges, be them by the original creditor or you IDEM Servicing the debt purchaser or any predecessor

III. Details of all contractual interest added by whom and on what date.

IV. List of ALL Payments made toward the Agreement

 

 

Do I need to add any more than that?

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nope great get it off tomorrow

 

use 1st class post get free proof of posting from the PO counter.

 

if a powerless DCA wants to issue a speculative claimform hoping you keel over and cough up or ignore letting them get a default judgement doing or not anything prior to that is pretty much immatereial

but abiding by the PAP rules goes in your favour.

 

as for where this might go...just because they might issue a claim

doesn't mean they will carry it all the way through

they've yet to supply all those other docs you are requesting in the PAP letter

and you'll do that again as it goes through the process of the court claim if they've still failed...

 

our search cag box of the top red toolbar is useful for finding info

 

mbna CCA return for a start

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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