Idem PAP LOC now claimform - 1995 MBNA Card debt ***Claim Dismissed***

[dx100uk]

bar the 2 pages in the last attachment

we've not seen the other doc returns you refer too.

 

 

 

[Neeta]

Apologies

 

Notices received from IDEM after I sent the response to the PAP LOC.

 

Debt originally sold from MBNA to Moorgate and then onto IDEM so several letters relate.

 

And the default notice dated back in 2014 after we had asked to reduce payments due to a change in circumstances which they wouldn't accept.

 

They also sent a full statement of payments since it was originally sold by MBNA (not sure if you want me to post that it's rather a large document

 

Moorgate = Britannia sorry for the confusion

 

I just noticed something I had previously missed and I'm not sure how relevant it is.

 

The Default Notice has an IDEM header  and looking at the statements they didn't buy the debt until November 2016.

 

I'm attaching the statements.

 

 

 IDEM didn't buy the debt until Nov 16 and the default was May 14

 

idem account statements.pdf idem docs1.pdf IDEM_CCA_Response_(1).pdf

[dx100uk]

your debt was sold to the brits by MBNA and managed by Moorgate dca

Idem purchased the brits company so they thus became the owner.

sadly that's what happens with cash cow accounts.

.here you have some ...this mug has been paying nicely since 2016

 

the statements are on idem/moorgate letter head and are thus not a true copy from the OC.

the agreement is not one - its an application form. bogroll

the DN is not from the original creditor and after idem sale so is bogroll - a debt buyer can't issue a default notice.

 

they must think you were born yesterday.

[Neeta]

Thanks for clearing that up DX - and I accept I have made a mistake in continuing to pay, however I am where I am.

 

I have amended the defence but still have a couple of queries which I would be grateful for feedback on please.

 

1)    A credit card agreement made between MBNA Europe Bank Limited and the cardholder

2)    Claimant purchased the balance on the account on xx/2016

3)    Cardholder accrued balance £5700

4)    Cardholder defaulted on payments

5)    Claimant issued formal demand requesting payment on xx/2019

6)    Amount now due £ 5700

 

===================== DEFENCE ==============================

 

The Defendant contends that the particulars of claim are vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1.Paragraph 1 & 2 are noted; I have in the past had financial dealings with MBNA on or about 1995. I am unaware of the alleged agreement the Claimant refers to having failed to adequately particularise its claim or refer to an actual account number and have therefore sought clarity from the Claimant by way of a Section 78 request and a CPR 31.14 request..

 

2. Paragraph 4 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the Consumer Credit Act 1974 by the original creditor MBNA. I have sought verification from the claimant regarding this matter and they have been unable to comply. A ‘copy’ Default Notice sent to me after my request for this document, this was not issued by the original creditor, was ‘dated’ 6^th May 2014 and was on IDEM letter headed paper. IDEM did not purchase the balance of the account until November 2016.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence any cause of action and service of a Default Notice or termination notice; and

(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request, copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request.

 

In response to my section 78 request for the MBNA agreement, an application form, which refers the applicant to sign and return the agreement. It is barely legible and was provided along with a  set of random terms and conditions which are also void of an account number or date to which it supposedly refers to. Both of which are pre-April 2007 credit applications and therefore unenforceable pursuant to sections 61.1 a/b/c.and 65.1 and sections 127.1.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

[dx100uk]

think it needs a bit of a tidy as it doesn't run correctly

but you've got everything there you need.

 

let andyorch see it 1st 

 

defence filing date: by 4pm Friday 

[Neeta]

Thanks - @Andyorch I would appreciate your feedback thank you.

[AndyOrch]

Defence checked and amendments made where necessary. in post # 29....please check for accuracy.

 

Andy

[Neeta]

Thanks so much for your help Andy and DX

[Neeta]

I am just tidying up the above and noticed something that I'm not sure is important or not.

 

On the claimform they state:- Claimant purchased the balance on the account on 06/10/2016.

The letters I received were all dated 24th November 2016

 

Once I'm ready I assume it's self explanatory entering the information on the moneyclaim site?

I've looked around on here and can't see any particular instructions so I'm assuming it's a copy/paste of the defence above?

 

Thanks

[dx100uk]

yep

 

 

[Neeta]

I have now received form N180 to be returned by 2nd January so I'd like to get this off today/tomorrow.

Just to ensure I answer correctly could you confirm

A1 Do you agree to this case being referred to the small claims mediation service - answer YES

B contact details self explanatory

C Do you agree that the small claims track is the appropriate track for this case - answer YES

D1 Hearing venue - answer Local court (I'll get the full address and enter here)

D2 Are you asking for the courts permission to use the written evidence of an expert - answer No

D3 How many witnesses, including yourself, will give evidence on your behalf at the hearing - This is my husbands account, I  have done all the reading up and paperwork, obviously I keep him informed and I would go with him on the day but would I count as a witness ? He will have all the information on the day.

D4 Hearing availability - self explanatory.

 

We complete this form in writing, and return to sender via signed for mail and also photocopy and send to the original claimant and the claimants solicitors is that correct?

 

Thank you

[AndyOrch]

 

[Neeta]

I sent off the copies of the N180 and am tracking to ensure they are recorded when received.

Today we received a copy of the N180 from the claimant with a covering letter.

 

The N180 has been completed with 'No to mediation' and the covering letter states :

 

Please be advised that we have made a request to the Court to place the proceedings on hold for a period of one month to enable further enquiries to be undertaken to retrieve any additional information that may assist with resolving the issues raised within your Defence.

[AndyOrch]

Check with MCOL and your court to see if any applications have been made.......as far as I'm aware you cant stay a small claims claim on allocation...only Fast Track claims N181.

If they wished to delay proceedings then they shouldn't have informed the court to issue directions questionnaire.....or issue a claim if they are not in receipt of all the relevant documents.

 

Andy

[Neeta]

There are no updates on the MCOL site, and I haven't had any notification yet that it has been transferred to my local court to see if they have requested a delay. I have read some other posts where IDEM seem to do this quite often but I haven't seen anything that suggests what I might be able to do about this - such as submit an objection ?

 

I sent back the N180 and have proof of delivery for Monday this week but the MCOL is still just showing DQ issued to you on 16/12 as the last update. I assume with Bank Hol yesterday it may take time to update but as the due date was today should I worry about the site not being updated and contact them ? (note it also doesn't show the DQ as being returned from the claimant either)

[AndyOrch]

I would check the status again say next Monday

[welshandproud]

On 30/12/2019 at 14:00, Neeta said:

 

 

Please be advised that we have made a request to the Court to place the proceedings on hold for a period of one month to enable further enquiries to be undertaken to retrieve any additional information that may assist with resolving the issues raised within your Defence.

 

I had the same letter, but nothing was put on hold.

[Neeta]

I received a response to my query regarding the DQ return not being recorded on the MCOL site to say that they cannot confirm if the DQ has been received as they are currently processing work received on 23rd December and it will be several days before they are able to confirm beyond that date. I have forwarded the proof of postage and the proof of receipt to them so I will just keep my eye on the site until it shows up.

[AndyOrch]

   Swamped with all the speculative claims the DCAs issue around this time of year trying to get money in for year end. You have proof of postage so your covered.

[Neeta]

Today we received a letter from the court which I'm attaching

Is this good news?

 

scan court redacted.pdf

[AndyOrch]

Very good news....lets see if they can comply by the date .....otherwise its struck out.

 

Andy

[Neeta]

I've just received both of the following separately in the post.

 

Attached to the one from IDEM was a copy of the original application form and standard terms and conditions which I have previously included in this post (post 5).

 

I'm not sure what exactly I need to amend in the defence,

could you help please?

 

 

court.pdf IDEM.pdf

[AndyOrch]

What date is on the Particulars of Claim ?....only goes up to point 9.

[Neeta]

Apologies I didn't copy the last page it was just 'the claimant seeks...etc

 

Dated 25th Feb

[AndyOrch]

They complied with the order ...just by date....so not struck out....

 

The court will advise next...possibly allocation of the claim.