OH's IDEM claimform - MBNA credit card debt

[blondiegirl]

Thanks - on the case.

 

Question:

 

With the CPR31.14, with the following:

 

"[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]"

 

Do I leave that in? I have returned a PAP in which I stated that the information was incomplete and I have previously CCA'd them. They sent the signed application form back, along with a page of t&c's which they say were in place at the time (July 2000).

[dx100uk]

why would you leave that in

the request was not ignore was it?

 

[blondiegirl]

Sorry (please don't jump on me) but.....I have asked both Idem & MBNA for a signed copy of the agreement though various letters numerous times. All that has been provided, I believe, is a signed application form and a print out of t&c's; I have been advised on here that this isn't the agreement. What exactly would the agreement be? I have piles of paperwork dating back to 2000 and can't say that I've ever had this agreement.

 

So I would say that they've ignored my request haven't they?? Or not.

 

Is it more important in this case, that MBNA has never DF'd the account??

[dx100uk]

well leave it in and send a new CCA request then too.

cant hurt you.

 

just make sure you've done AOS

as with all this dilly dallying you'll miss that date..

 

 

[blondiegirl]

OK, I'll leave it in.

 

Is the fact the MBNA didn't DF the a/c more important/relevant in this?

 

Thanks again.

[dx100uk]

might be

see how the claim progresses.

 

 

[blondiegirl]

this is so ANNOYING!!!

 

I am on the moneyclaim website and have entered the claim number and password as instructed, correctly, so many times and it says 'error, claim number or password is incorrect'!!!! They aren't!

[dx100uk]

have you registered a username etc as post 348?

sometimes mcol does have hissy fits.

you've got until the 20th to do AOS

try later or tomorrow

[blondiegirl]

I followed the exact instruction as per post #342.

 

Went to the moneyclaim site, registered as an individual.

It then took me to the government gateway where I put an email address in, got a confirmation code and then the long gateway number which I wrote down. 

 

Then went to respond using the claim number and password on the 'pack' which came in the post.

 

I have been precise in entering the details and it still maintains that an error has occurred.

 

And as if by magic the postman has just been delivering a claim to me from Idem for one of my accounts as well.

Lovely.

[blondiegirl]

OK, it's gone through now:

 

"A claim was issued against you on 03/09/2019

Your acknowledgment of service was submitted on 12/09/2019 at 16:46:03"

 

So now I send off CCA for both of our a/cs as well as the CPR 31:14 request both to Idem.

What happens now??

 

[blondiegirl]

OK, thanks. I'll get reading and start a new thread for my own claim.

 

But for now I wait for their response??

 

For post #348, all it says is:

"might be

see how the claim progresses"

 

Am I seeing it differently??

[dx100uk]

just follow this:

 

 

pop up on the MCOL website detailed on the claimform.
.
 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 CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
.
 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

[blondiegirl]

OK so I have done all of that. Letters sent to Idem (CCA & CPR31:14) this morning. AOS done online yesterday.

 

So now I have to prepare a defence???

 

I'll set up a separate thread for my own claim (I have submitted the AOS online already).

[dx100uk]

well if you don't and file it in time by day 33 ...instant CCJ.

 

dx

 

[blondiegirl]

OK, I certainly won't be ignoring that. 

 

Is the defence the fact that they've not provided a signed agreement (not the application form) and the DF notice from MBNA?

[dx100uk]

tbirdo post 30th august

 

Hi there sorry to hijack your thread, I thought my thread might be of interest to you. I was also in dealing with idem Dca

 

Hope this helps 

 

Tbirdo 

 

 

another successful thread to keep you busy

[dx100uk]

I've sorted your MBNA claimform threads out now

this thread is for husbands  claimform

[blondiegirl]

Idem has sent back the quickest response in history following the CCA letter from my OH.

An envelope arrived today.

 

They've sent another copy of the original and signed, application form  from 2000

- most  of which is illegible

 

however, husband's name, address and signature is clear - the small writing is very blurry. 

 

They've also sent numerous A4 pages of what they say is the agreement (it's photocopies of what look likes old pages).

There's no signature on it.

It's just pages of A4. 

 

Does this help us at all??

 

Also, am I right in thinking that day claim arrived (4th Sept) + 33 days = Monday 7th October, which is when the defence needs to be in by?

 

Thanks as always.

[dx100uk]

you said the 3rd in 49 & 60...which is it?

 

anyhow, due 4pm 4th oct

 

scan up what been sent please 

[blondiegirl]

Sorry, the claim was issued 3rd September. In any case, I'm using 1st October as my deadline to allow enough time.

 

Scans attached. Amongst the 'agreement' was name and address (now blanked out).  

 

According to the FOS, we didn't ever DF with MBNA because the a/c was restructured and we kept to the new agreement. It was then sold on, and that's when the payments stopped - although we didn't ever have an 'agreement' with Idem. 

Scanned letter from Idem 19-09-2019.pdf

[dx100uk]

why have you passworded it?

we cant zoom or rotate

need a better scan of 2/3

can you do that

but anyway its an application for not an agreement.

 

the statement are also from the fleecers own system not MBNA.

 

[blondiegirl]

Sorry - I edited it on a pdf writer so anyone could have done the same and removed the characters which covered the personal info.

 

Anyway, I've scanned pages 2 and 3 again. I can't improve the quality - this is how it looks.

 

This has 'credit agreement' written on it by the signature - isn't this the agreement with the t&c's which were sent (and had name/address on)?

 

Thank you  

 

 

Application Form.pdf

[dx100uk]

Which is why our upload guide says scan and edit as a picture and never use a pdf editor

[dx100uk]

Its says application form across the top

And apply today down the side!!

And doesnt have all the required prescribed terms for it to pass  as an agreement criteria

[blondiegirl]

It has 'credit agreement' as well and the attached pages, with name and address, also said 'this agreement'.

 

I'm still learning what exactly determines an agreement.