IDEM Claim Form - My MBNA Credit Card Debt

[dx100uk]

application form that refs external T&C's that are not present

and anyway, its doesn't matter what they have sent in the past

its what they send in return of your requests since the court claim issuance that's are the only docs they can rely upon.

 

as for the other MBNA card.

start a new thread.

 

dx

 

 

 

[blondiegirl]

My MBNA card and Idem 'issues' mirror my husband's pretty much.

 

Here's my draft defence and particulars of claim for reference. Any feedback would be appreciated please.

 

1.     A credit card agreement made between MNBA Europe Bank Limited and the cardholder (D)

2.     Claimant ( C ) purchased the balance on the account on 31/08/2012

3.     D accrued balance £ 1803

4.     D defaulted on payments

5.     C issued Formal Demand requesting payment dated 29.08.19

6.     Amount now due from D £ 1803

 

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

 

1. The Defendant contends that the particulars of claim are vague and 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.

 

2. The Claimant has not complied with paragraph 5.1 of the PAPDC (Pre Action Protocol) and no exchange of information was disclosed. The claimant did not respond within the given 30 days pursuant to 5.2 of the PAPDC and proceeded to issue the claim irrespective pursuant to 5.2.It is respectfully requested that the Court take this into consideration pursuant to 7.1 PAPDC

 

3. Paragraph 1 is noted; I have in the past had financial dealings with MBNA on or about 1997. I am unaware of the alleged agreement  the Claimant refers to having failed to adequately particularise its claim, and have therefore sought clarity from the Claimant by way of a Section 78 request and a CPR 31.14 request.

 

4. Paragraph 2 is noted but it is denied that I was ever served Notice of Assignment pursuant to sec 136 of the Law of Property Act 1925 at the time of the Assignment dated 06/10/2016.

 

5. 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.

 

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 reconstituted version which is 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.

 

The claimant completely disregarded my CPR 31.14 request.

 

6. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of assignment/balance/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 the nature of any breach and service of Default Notice pursuant to sec 87.1 CCA974;

(C) show how the Defendant has reached the amount claimed for; and

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

 

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

 

8. 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.

  

9. 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.

 

[AndyOrch]

[Tbirdo]

Hi there. Just wanted to post another link for you. This particular thread has all the relevant information from the start of the claim right to  the court hearing itself. I am sure you will find plenty of information to help your own situation.

 

 

Good luck 

[blondiegirl]

Thank you

 

[blondiegirl]

Thanks so much for everyone's help so far.

 

I didn't ever think that this would go to court so I am very daunted by this. My OH has always trusted me on this saying "I hope you know what you're doing" so suffice to say, if he had to go to court (which would not go down well at all when I tell him) he won't have a clue - I am the one who's sent all the letters and took this fight on. 

 

So far, I have read 3 positive outcome threads on here, all from differing cases I know, but similar to ours: Original creditor (MBNA) not issuing a DF Notice but the debt collector did (Idem), and there isn't a 'correct' agreement - just a signed application form and no assignment notice was ever sent.   

 

So, this might be a million dollar question, but what are our chances? Do people go to court armed with all this info and get told that they have to pay, even if there's no credit agreement or DF notice? Do charges get put on the house?

 

All I ever wanted was to try and clear our credit file up, not potentially make it worse. The way I see it now, is that we/he has to go to court (stressful to say the least) then we could get a CCJ and a charge on our property. 

 

 

 

[AndyOrch]

When anyone is served with a court claim the upshot can only be one of three outcomes...

 

You do nothing and receive a CCJ by default...automatic.

You defend it and put the assignee to strict disclosure....you win or lose

You are afforded mediation to possibly settle the claim without a CCJ.

 

By defending it you halved the chances of a CCJ straight away...the claim could be stayed or discontinued.....or you could win depending on your defence and subject to how the claimant responds....or by defending you have opened the option to mediation were you could agree a settlement without a CCJ.

 

So your actions so far have been quite right in dealing with this claim....to have done nothing you would now have a CCJ.

 

As for you husband and stress and fear of courts you can attend court with him and hold his hand..it's no worse than a visit to the dentists IMHO.

[dx100uk]

You cant get a charge on your joint property that harms you for a debt that is not joint

[blondiegirl]

Andy - thank you. That helps to put it in perspective, although I never mind going the dentist and always get a positive outcome  

 

Thanks dx; didn't know that!

 

[blondiegirl]

Re. post No. 302 posted on 2nd October

 

I wonder if anyone has had a chance to look at this please? I need to respond soon on the money claim website following receipt of Idem's claim 11th September.

 

It is a direct copy of my husband's, however, there doesn't seem to be any differences in our cases.

 

Thanks.

[dx100uk]

you mean your proposed defence?

andy ok'd it in the next post

[blondiegirl]

Ah I mis-read the emoji to mean "yes, will read it" to my question.

 

I'll get that done now.

[blondiegirl]

All submitted and received by the Court - thanks all.

 

Incidentally:

I have another Idem/MBNA account which I was waiting for a Claim Form for. However, Idem have written to inform me that this idem account has been purchased by Hoist Finance UK.  I had assumed that they'd go down the Court route with this, but I was wrong. Do I wait and see what Hoist hit me with? This account *seems* to have a properly signed credit agreement.

[AndyOrch]

New thread for this one please...dont post here with regards another MBNA agreement.

 

Andy

[blondiegirl]

I haven't sent my N180 paperwork back to the Court yet (due next week) but Idem have sent me a copy of theirs.

 

They have ticked 'no' to mediation and have informed me that they're requesting a hold on proceedings for a month so that they can attempt settlement. 

[dx100uk]

and the claimant has to have a copy of yours

omit phone/email/sig on their copy.

get it done

don't await the deadline date.

 

as you'll see in another idem claimform thread just below yours

the idem N180 no to mediation and wanting 1 month

needs to be objected to.

 

 

[AndyOrch]

We have already covered this on your other thread.

 

You can only request a months stay on the N181 Fast track DQ...not Small Claims N180....whether they actually allow it is at the courts discretion.

Andy

[blondiegirl]

thanks Andy. Yes, I realise they're the same. I just posted what I'd received. 

[AndyOrch]

IDEM must think all claims are Fast Track 

[blondiegirl]

The form has been sent. The Court will have this tomorrow.

I'll look at the other thread when I'm on a PC.

Does it benefit us to object to their request?

 

I've been searching for this other post.

Sorry to be a pain dx100uk, which thread?

I'd like to read about what happened there.

[AndyOrch]

It was yours as per my post #323

[blondiegirl]

On 23/10/2019 at 15:16, dx100uk said:

and the claimant has to have a copy of yours

omit phone/email/sig on their copy.

get it done

don't await the deadline date.

 

as you'll see in another idem claimform thread just below yours

the idem N180 no to mediation and wanting 1 month

needs to be objected to.

 

 

Hi everyone.

Help please!

I can't find this other claimform thread and want to object purely to have more evidence about their competence.

I am quite happy to wait as I don't relish going to court, but anything to point out their mistakes.

 

Andy mentions post #323 but I can't see a post #323 on either of my posts.

 

Reading through a couple of other posts, I can't see where anyone wrote to object to this.

 

I've checked on the money claim site last week and there's no update pertaining to them wanting more time so these could be their standard tactic (lies).

[dx100uk]

last but one post by andyorch

your post no's are diff to what we see.

 

 

[blondiegirl]

I have looked up my claim online and it's been updated to say:

 

Your defence was received on 11/10/2019 at 14:05:12

DQ sent to you on 14/10/2019

DQ filed by claimant on 04/11/2019

 

What have they filed on the 4th? I don't understand DQ.

[dx100uk]

their Direction Questionnaire N180,

which like yours should be copied to them,

they should send a copy of their completed N180 to you. 

 

but as it was only filed on the 4th bit early to get it in the post yet.