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    • Thank you, just received letter back " acknowledging that the account is now Statute Barred, whilst they do not consider that they have breached any law or regulatory guidelines, the account has been withdrawn from their regular collections process and closed. You won't be contacted by us our agents regarding this matter".   Thank you all for your help, nice to finally get it settled.
    • The points are that you believe that a person or court hearing a Statutory Declaration has the option of rejecting it if he or they believe it is untrue. You must presumably believe that the person or court has a duty to question (perhaps more properly, cross-examine) the person making the declaration. You started by saying this about the declaration as a whole then went on to concentrate on the 21 day rule. I asked you to let us know how you have arrived at that conclusion. In particular I asked why you had provided specific advice to the OP in the original thread (a) that she was likely to be questioned about whether she really did not know of the proceedings at all and (b) if she did not know at all, that she was likely to be questioned about whether she really found out less that 21 days before she makes her SD. I suggested it was unwise to warn the OP of something which would not happen. As far as I can recall you suggested that S14 of the MCA provides for SDs to be rejected if they are not satisfied as to its truth and I asked you to show me where the legislation is that provides for this (because it's certainly not in S14).   The position is that a Statutory Declaration must be heard if made within 21 days of the defendant finding out about the conviction and it will be accepted unchallenged. If it is made outside 21 days the defendant states why as part of the declaration. If the court agrees that the reason it was late (as stated by the defendant and without challenge) is acceptable it will hear the Declaration and once it is heard it will be accepted without question. For the final time, the making of a Statutory Declaration is not a court hearing and apart from being satisfied, in the case of a late declaration being made, that the reason (as stated by the defendant) is acceptable, those hearing it have no discretion but to hear it and sign it to say they have done so. No orders are made; no decisions are made; no discretion is available (apart from the 21 day matter I mentioned).   To emphasise the difficulty your misleading information has caused, the latest post from the OP on the original thread says this (when considering her court appearance on Wednesday):   I am hopeful that they will accept that I knew nothing of the earlier proceedings...   She should not have no worry about that because the court has no option but to accept her declaration that she knew nothing of the proceedings. However, because of your advice she has. I am, once again, about to allay her fears on that score and it would be useful if you didn't tell her otherwise.    
    • So ignore any calls/letters off DCAs and try and work with PayPal directly to pay small amounts that I can afford?  Like ive said, I’ve opened a new bank account and transferred my regular in’s and out’s to that account. I’ve removed my old debit card from PayPal but left on there my old bank account info, reason being I’m hoping that makes it easier to send payments to PayPal. Does this seem a good idea? 
    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • 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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david1961

David V Lloyds HELP!!!!

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Els

 

Thanks very much for this, ive noticed you posted this quite late - it is much appreciated.

 

I have sent letter today - will keep you posted

 

Rgds

 

David


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hello everyone again

 

Just to let you all know that LTSB have sent me the cheque now on Sat 15th march 08 for £750 - which i have banked.

 

They do say in there letter that this payment is a gesture of goodwill and does not affect my right to take further action.

Thankyou very much LTSB - heres looking forward to the remainder £2000 or so after the court case.

Thank you also to elsinor who helped me in deciding to accept this offer.

 

David


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oh! by the way do I need to inform the court??


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That's nice, better in your pocket than theirs.

 

You could send a copy of their letter to the court, with a request that they add it to your claim file.

 

Els


BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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