IDEM Claim Form - My MBNA Credit Card Debt

[blondiegirl]

They sent me a copy of theirs a week or so ago - they ticked no to mediation. 

They enclosed it with their letter stating that they were asking for more time.

[AndyOrch]

Still have to file their DQ by the date stated...mediation yes or no.

[blondiegirl]

they haven't mentioned my DQ as being filed and I sent it a while ago.

[AndyOrch]

Then ring MCOL and ask why is it not showing in the status.

[blondiegirl]

Thanks. Am on hold to them now.....

[blondiegirl]

Wonderful! They don't have it.

 

Luckily, I have a signed-for reference number from the post office and a screen shot of proof of receipt their-end which I have to email them. As well as a copy of my DQ N180 which I have to send.

 

 

[AndyOrch]

Thats why its so important to keep an eye on the status...otherwise they could have struck out your defence and blamed you for not filing the DQ.

[blondiegirl]

I have been checking on and off but noticed that it's showing as "DQ received" for my OH's claim, I noticed mine wasn't. The Court is apparently 2 weeks behind anyway, however they're working on the 25th Oct and they had mine on the 21st.

[blondiegirl]

I've just emailed my N180 to the court as instructed by them yesterday because they had no record of it.

 

However, checking the moneyclaim website today, it's now showing as:

 

DQ filed by claimant on 04/11/2019

You filed a DQ on 08/11/2019

Your claim was transferred to CITY on 08/11/2019

 

Is this quick or standard timing?

 

 

[blondiegirl]

Husband's has not been transferred to our local city, just mine. His DQ was filed before mine??

 

 

[blondiegirl]

I've just received a letter from the Court today - a Notice of Transfer of Proceedings to my local court.

 

I know someone mentioned that litigation is slow, but I hope "slow" is months away.

[Tbirdo]

Hello there.

While you are waiting for a date and time to come through from the courts ( this is normal procedure), now would be a good time to start looking at witness statements and how to prepare.

This is so you have plenty of time to adapt and adjust, get opinions and advice from other users.

This way you will be prepared well in advance.

 

good luck

[blondiegirl]

Thanks  Was your date long? Did it take long to come through?

 

I am the only witness so not really sure what statement I have to prepare. Any guidance on what I need to get together would be appreciated. All I have are the reasons why they shouldnt be claiming from me eg, no signed agreement, no default notice from MBNA etc.

[Tbirdo]

I got my notice of allocation to my local court  JAN 2019, waited a month because idem asked for a month extension to retrieve documents, then heard nothing till MAY, got the advice from Andy & DX to give court a ring to see if any progress has been made or claim discontinued, eventually got a hearing date end of JULY. 
 

Now the witness statement is really a further step of your defence. If you read my thread (post 98, 99, 100, 101,) that is the witness statement I compiled with the help of Andy and DX.

POST 99 has an attachment which is another example of a witness statement that Andy provided me with to see if there was anything I could use from it.

 

hope this helps

[blondiegirl]

On 09/11/2019 at 16:43, Tbirdo said:

I got my notice of allocation to my local court  JAN 2019, waited a month because idem asked for a month extension to retrieve documents, then heard nothing till MAY, got the advice from Andy & DX to give court a ring to see if any progress has been made or claim discontinued, eventually got a hearing date end of JULY. 
 

Now the witness statement is really a further step of your defence. If you read my thread (post 98, 99, 100, 101,) that is the witness statement I compiled with the help of Andy and DX.

POST 99 has an attachment which is another example of a witness statement that Andy provided me with to see if there was anything I could use from it.

 

hope this helps

Thank you so much for this - this will be so helpful. I guess I have a while to go, but will start to get things together.

[blondiegirl]

On 09/11/2019 at 15:31, Tbirdo said:

Hello there.

While you are waiting for a date and time to come through from the courts ( this is normal procedure), now would be a good time to start looking at witness statements and how to prepare.

This is so you have plenty of time to adapt and adjust, get opinions and advice from other users.

This way you will be prepared well in advance.

 

good luck

Was this from the thread around July time entitled PRA/barclaycard court claim form etc? I think they are numbered differently to what I can see but  I have been reading a witness statement with interest (thanks for the pointers).

 

[Tbirdo]

Hi there

 

PRA/barclaycard court claim has 1 of my witness statements.

 

 

and the other witness statement is in the thread above, posts (98,99,100,101).

post 99 has an attachment which is another example of a witness statement used by another cagger.

 

hope this helps

[blondiegirl]

I've just received a letter from my local court:

 

Notice of Allocation to the Small Claims Track (Hearing).

 

Me V Idem

 

it says "Deputy District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at 11.3am on the 3rd April 2020..........

 

Unless the claimant does by 4.00p, on the 6 March 2020 pay to the court the trial fee of £170 or file a properly completed application (ie, one which provides all the required informationin the manner requested) for help with fees, then the claim will be struck......."

 

is this all normal/standard?? Thank you.

 

 

 

 

[dx100uk]

std N157

now read page 2 upon what you have to do?

 

dx

 

[blondiegirl]

As Idem/MBNA have never provided an agreement, no default notice served etc etc, surely a judge knows it's not lawful? It worries me that they're still pressing ahead despite the fact there's so much missing.

 

Page 2 just says that each party MUST file with the court and serve on their opponent his/her own signed witness statement.

 

I understand all of that.

 

 

[dx100uk]

no judge has looked at anything to date.

that's what yours and their WS's are for.

 

dx

 

[blondiegirl]

OK, ta. I understand what they're asking for, and why.

 

The letter said the deputy district judge has considered the statements of case etc, so I assumed someone had looked at it.

 

Here's hoping Idem don't pay the fee haha.