IDEM re MBNA Card £3k debt Debt - ignored PAP now got 7 day court threatogram

[torch1]

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

[torch1]

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.

[dx100uk]

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

[renegadeimp]

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.

[dx100uk]

which one

the £7k or the £3k one

[torch1]

This is the 3k one. What is the pre-action protocol, they have sent me the attached signed agreement, is it enforceable?

 

Also they have given me 30 days notice of their intentions and a form to fill in asking what I can afford to pay. (Ignored)

[fkofilee]

Post it up plz... Thats sounds like a PAP letter of claim

[torch1]

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.

[dx100uk]

so its one of these?

 

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

[torch1]

so its one of these?

 

 

The MBNA signed agreement they sent me is in the attached PDF. Along with the letter giving me 7 days notice of court proceedings.

 

Please advise.

IDEM - MBNA Agreement.pdf

[dx100uk]

then await the PAP letter of claim

[torch1]

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.

[torch1]

then await the PAP letter of claim

 

I have already received one of those, giving me 30 days notice. I did not fill it in.

[torch1]

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?

[dx100uk]

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

[dx100uk]

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

[torch1]

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?

[dx100uk]

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

doesn't matter its late

you've complied

[dx100uk]

thread title amended

[torch1]

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

[dx100uk]

all good no don't re request CCA.

 

post it up here 1st mind!

[torch1]

DX, Post what here 1st? I have posted the original agreement here already, see post #1 in this thread.

[dx100uk]

your PAP reply:madgrin:

[torch1]

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?

[dx100uk]

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