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    • I quite agree. I think all that needs to be said has been said. It is my view that the poster is very confused not only about the law and court procedures but about the circumstances explained in the original post. As you can see from the passages I highlighted it caused considerable confusion for the OP (and just about everybody else). My concern was that we had a worried OP about to go to court to deal with a very unfamiliar (to her) process being completely misled and confused. A principle part of her court visit was to be her SD and she was presented with a totally false impression of what might happen. I know that all forums such as this have differences of opinion. However, this matter was not a difference of opinion - it was a different portrayal of facts. One of them was utterly incorrect and no amount of persuasion could get them retracted. It's not good.
    • Post 24 on my earlier AA thread for this loan...  
    • Hello, on 9th of July 2018 I was issued a CCJ for 326£ for a non payment into my Natwest account - 6 month earlier I moved abroad and despite my better knowledge my direct debit with the phone company wasn't properly closed and the Natwest account went into arrears for that amount. As soon as I found out of that matter on 20th October 2018 I settled the amount in full with Moorcroft (the debt recovery agency instructed by Natwest to recover the amount).   When I returned to the UK I was shocked that my credit score was completely depleted - despited an otherwise good record - and that for the following 5 years I won't pretty much be able to access credit and other common financial products regardless of the fact the debt has been paid in full (and despite a stable high salary etc.).   When I contacted Moorcroft in January this year they said they can't do anything about it and the record will stay as is. They said the best they could do was to send me a letter (attached) that I can use as a confirmation that the CCJ was now settled. I was pretty sad and frustrated and shocked that a 300£ debt could put me into such distress (I literally cannot even get a monthly mobile phone plan) and despite having settled it I would carry such consequences for the next 5 years... so I archived the letter and tried to forget about it.   I recently checked my credit report and it states that the CCJ status is still active.   I would like to ask:  - is it really not possible to adjust the CCJ status ?  - are there any actions I can take to mitigate my situation ? - shouldn't at least Moorcroft have sent a more comprehensive letter stating that the CCJ was settled (instead of a generic 'payment received' with no indication of what and why) ?     Note: when I tried to contact Natwest in October 2018 they bounced mee across several departments but ultimately no-one could/would want to help as the account was permanently closed and passed onto debt recovery and they couldn't find much information about my records (apart from saying it's closed and Im no longer a customer of the bank and won't ever be able to be one again).   Thanks, V
    • I hope we can keep this thread for a discussion of SDs. If it descends into a slanging match then there probably isn't much point in having it.   HB
    • phew, just got an email from scmreferrals@justice.gov.uk.    I was worried that because the N180 was 5 days late, they would reject it.    There is still an new default on my credit file for the original amount + court costs. Surely Lowell shouldn't have submitted this yet?  
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Neeta

Idem PAP LOC now claimform - 1995 MBNA Card debt

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Hello again.

 

As you will have seen above, my recent query early this year was in relation to 2 CC debts previously sold off to DCAs and subsequently transferred to another DCA.

 

SInce I sent the CCA requests I received one letter saying they didn't have it and realised this meant they couldn't enforce the debt but would continue to contact me - which they have, asking for income & expenses etc etc which I have ignored.

 

The other they sent me a copy of the application form with terms and conditions which DX advised wasn't a copy of the CCA and I should ignore.

 

Following that I have received several letters firstly saying they would be referring the account the ResolveCall who may visit me at home, to my knowledge they haven't.

 

Further to that I then received a letter stating they were in the process of referring the account to their Litigation Dept. included was a form to complete with tick boxes, I owe the debt, I owe part of the debt, I dispute the debt, I don't know etc which I ignored (I was given 30 days to reply) I have now received a further letter telling me if I don't reply it will be sent to the Litigation Dept.

 

Any idea what happens next ?

If they take me to court what is my argument ?

I've tried to research on this forum but haven't come across anything that quite covers this type of letter.

 

I expect this is usual procedure but I'm not sure if the intent is to scare me into submission or if they feel they have a serious claim that they can take me to court for.

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You must respond to the Pre Action protocol Forms....but use ours not theirs.

 

Andy


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Thank you Andy,  I have read through the thread just a couple of questions.

 

I have already sent a CCA request to the DCA and they provided me with the T&C and application form, is this therefore my 'reason to dispute this debt' ?

 

The thread suggests I return the form to the solicitors that sent me the PAP - the letters are still coming from the DCA - IDEM Servicing. Does this make a difference? Should I just return the form to them?

 

Thanks for your help

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scan up what they sent back as a CCA return to one multipage PDF please

read upload

 

PAP form reply goes to who sent the pack

but not yet no rush

 

get all your docs up 1st please

 

 


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date you signed please?

 

that's an application form devoid of most of the required prescribed terms.

and the T&C's which do not appear to even have your details which they must

could of come from anywhere inc this site or their filling cabinet!!

 

dx

 


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It was signed in July 1995

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ive split this off to its own thread now

please post here with anything relating to this 1995 MBNA card debt.

 

they'll never get a compliant CCA for a 1995 card.

hence why the return is incomplete and a cut n paste jobbie

 

follow post 2 of andy's link above

because .. previous incomplete/unenforceable CCA return

 

don't forget use out reply form ONLY.

 

 


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Thank you

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I used your reply form and sent it to them stating I disputed due to previous incomplete/unenforceable CCA and also asked for Default letter, notice of assignment etc as per advice.

 

I received the Notice of Assignment, account statement and default notice and today received another letter stating pretty much 'we sent you what you asked for but you haven't replied...14 days to respond or litigation action will commence'

 

They seem to have ignored the 'I dispute I owe the amount' part due to lack of CCA? Or do I need to respond now to say I still dispute due to lack of proper enforceable documents (CCA)

 

Thank you

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bet it doesn't say WILL anything?

 

dx

 


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ok - Please note, should we not hear from you within the following 14 days of this letter, litigation action shall commence.

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Let them litigate.....hope they can comply with your CCA request by the time any hearing date comes around.


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well if they want to goto court with that cut n paste cca that's their call

nothing you can do to prevent that.

 

typical idem sadly...bullies all the way...

doesn't mean they will

 


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We have now received a claim form  with forms N9A and N9B attached for response.

Do I follow this thread and provide all the information in a new post now to get further advice from you on how to complete the form(s)?

 

TIA

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you don't use the paperforms

get that link done and we'll guide you,

 


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Thread moved to Financial Legal Issues Forum in view of the court claim.

 

Please read the following link and the  copy and paste the Q,s and your responses back here for further advice.

 

 

 

Andy


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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.

 

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pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
..

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
..
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

………………..

 

Moorcroft don't buy debts

just chase for their stated client.
 

 


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

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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The CAG Interest Tutorial Read Here

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Thank you for your help, just to clarify please. In the CPR 31:14  request do I just ask for 1. the agreement .....etc and delete the the items 2. to 6. as listed since these have already been sent to me by the claimant (btw the 'solicitor' is IDEM's litigation dept) or do I ask for all the documents again as they are part of the 'Particulars of the Claim' 

 

Thank you again

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if you are happy you have everything bar the agreement sure.

 

 


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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