OH's IDEM claimform - MBNA credit card debt

[blondiegirl]

MBNA sold debts that belonged to both me and my husband.

Idem bought mine,

Moorcroft bought my husbands.

 

I emailed Idem regarding reduced payments that I would make, and

eventually they responded agreeing to my reduced amount.

 

However, Moorcroft ignore emails (sent day after day)

and they will not reply despite my husband requesting that they not call, but put in writing instead.

 

They call anyway, and to whomever called,

I asked them not to call, but to respond to my husband's emails

- however, the chap then called my husband's mobile immediately!

 

I got a statement from Idem, and in exactly the same marked envelope (same return address, same statement format)

my husband had one from Moorcroft.

Does anyone know if this is the same company???

It's really cheesing me off that Moorcroft ignore all the emails.

 

Also, they're sneaky so-and-so's: they are based hundreds of miles away from us,

and yet they call the landline using a local number that they must buy to use,

to look like they're someone local calling us - idiots!

 

It doesn't take long for me to recognise the number and ignore it.

 

But, they're making me so mad!!!

 

I think I'm wasting my time re-sending the same emails but at least it proves the point that they're ignoring us,

dispite contacting them on a daily basis!

Edited January 11, 2013 by blondiegirl
spelling mistake

[blondiegirl]

So Idem have sent a letter to my husband (they're still calling me daily) to say that he's in arrears, has no payment plan set up, and he may be defaulted or worst case that they'll send the bailiffs and/or refer to a DCA (I thought Idem were a DCA??).

 

I assume I still sit tight because they'd have to go a long way before bailiffs call (I couldn't let this happen though)??

[Old Cogger]

threatogram

[dx100uk]

doesn't say WILL anything either...

 

dx

[blondiegirl]

So an update, and I must admit I am getting a bit worried now.

 

For my 2 DFd Idem/MBNA accounts, I get automated Resolvecall phone calls which I ignore. Someone did call out and they left a card. Nothing else. Automated calls carry on, but not daily.

 

But for my husband's 1 DFd Idem/MBNA account he doesn't get the phone calls (I assume they have no number for him) but a large A4 letter arrived from Idem, to let him know that they are passing his details to their litigation department (I haven't had this). They have enclosed the previous 2 years statements (they bought the debt in December 2016) and a 'pre-action information sheet'. They are asking him to complete an income and expenditure sheet. They say (and this is what worries me) that is they don't hear from him within 30 days, they will look to take further action. They then may:

 

* Obtain an attachment/arrestment of earnings order

* Obtain a charging order against your property

* CCJ

 

They say we have to do this to avoid court action. Having looked on this forum, I can see that Idem DO take court action so I am pretty worried now.

Looking on another site, there's a letter which people have been advised to send back, which demands that they prove that the debt is unenforceable.

 

Why does my husband have this and not me??

 

HELP PLEASE!!!

[dx100uk]

Is it titled pre action protocol.. letter of claim..with a response pack inc?

[blondiegirl]

Letter attached. 

 

It did have a copy of the last 2 years payments, a page to fill out for income and expenditure and some stuff on where to go for help.

[dx100uk]

look like their version of a pre action protocol letter.

have you something like the attachment here too?

 

reply form PAP.pdf

[blondiegirl]

Yes, sorry. And something like that too.

[dx100uk]

Then click the blue link above in my post

and follow the last post

[blondiegirl]

The post from 15th October 2017? So they're taking it further then??

 

Also, what reasons do I add in? Why am I disputing it?

[Piglet101]

Do you have your husbands CCA ...or not?

 

As for Resolvacall - I had them call the other day - nice chap - told him to send it back to Idem as its 'unenforceable' ! 

He said "when did you speak to them" - I said "I haven't ...its ALL IN WRITING".  He tried frantically to phone Idem but then couldnt get on the internet with his works phone to find the password they required as he was speaking to them.    He left rather red faced and sloped a card in my hand.  I followed this up with a 'ACCOUNT REMAINS IN DISPUTE UNTIL YOU FIND THE CCA I AM STILL WAITING FOR'   letter to Idem, stating their harrassment dates / & harrassing Resolvacall visit/card.   

[dx100uk]

pointless letter tennis

you shouldn't speak to powerless DCA's either!!

[dx100uk]

6 hours ago, blondiegirl said:

The post from 15th October 2017? So they're taking it further then??

 

Also, what reasons do I add in? Why am I disputing it?

doesn't really mean anything.

with me dribbling over almost 300 posts

did we ever CCA them?

if so when 

and what did we conclude?

 

[blondiegirl]

 

It is clearer on the paper copy and can be read. Then copies of the T&Cs which they say would have been sent were also sent.

 

Yes I CCA'd them and pretty sure I uploaded it.

 

I will upload again.

 

[dx100uk]

cant zoom pix

pdf it pleaseor find it in the thread here.

or I might find it later

[theoldrouge]

from what I remember, the cca replies were illegible
Still waiting for a reply to post no 232
This could have been resolved by now

[blondiegirl]

Both of my CCAs were pretty much illegible.

 

My husband's form is quite clear though, but it was a simple 2 page form, which refers to lots of T&Cs. The actual T&Cs that accompanied the CCA was a photocopy of what would have been their standard T&Cs at the time apparently - not necessarily the exact ones he would have seen.

 

I have now had the same PAP letter for my 2 accounts saying that they're referring my accounts to their litigation department so all 3 accounts now passed to their litigation department. 

 

So 3 PAPs to complete. I have the CCAs so there's no point in asking for that again is there?

But in box D, what do I write as to why I'm disputing it? I will get these sent back to them over the next few days.

 

Re. post 232, if I had all the time in the World and a scanner I could have uploaded these docs. However, I will have to buy a scanner to scan the hundreds of pages, but I will. I will do this as soon as I possibly can. 

Thanks for the help.

[theoldrouge]

Reasons for dispute
Yourself, Illegible returns to your s78 requests, invalid default 

Husband, incomplete return to his s78 request, invalid default 

Request ALL documents, including required,necessary default notices
from the Original Creditor

Let them chew over that

[blondiegirl]

I received a letter today. So Idem has now "instructed" Westcot Credit Services to try and get the money from us.

Resolvecall seem to have stopped calling/writing.

 

We are still within the 30 days to respond to their PAP letter so why have they passed this to another DCA before our response?

Are Westcot just like Resolvecall?? Has anyone had any dealings with Westcot?

 

TIA.

[dx100uk]

they are not the creditor and can be ignored

[blondiegirl]

So this is just *another* DCA because Resolvecall have given up?????

[dx100uk]

wetcloths don't buy debts they only chase.

you've met them before

[blondiegirl]

Is it normal for them to bounce from DCA to DCA? 

 

Quick question about commenting about the default on the PAP paperwork.

 

I am obviously glad that Idem has defaulted us even though I know that they can't.

 

However, could they revoke it if I say that the default notice is invalid?

 

I have ticked the 'disputed' box because of illegible/incomplete return to S78 request.

But I'm worried that if I put 'invalid default notice' they could remove it and I'm back where I was with forever AP markers.

 

Thanks.

[dx100uk]

Comment as post 304.

Dont worry about other dca's..powerless as always.