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    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are 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. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 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 proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant 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.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   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 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   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. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Access to bank accounts by JCP and/or local council


jared
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Hi there,

 

I had an iuc last october and they produced bank statements going back to 2007. Nationwide and my current bank Halifax. They had details of all accounts I held with both banks, including savings accounts which had nothing in them. I was asked to explain nearly every transaction in all of these accounts. I never gave them permission to do this and after the interview I researched it and found out that when you sign your application for benefits (ie income support etc etc) you give them permission to check your personal information (bank statements) for fraud etc. It's disgusting, I was told I should have informed them of any money going into my account even if it was just £5.00 as they would count it as an income. Nearly a year on and i'm still waiting for my appeal to be heard by the tribunal

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credit checks would not work as credit reference agencies only carry details of bank accounts that have overdrafts or a credit facility

 

so if you had a savings account with 100k in it, it would not show up on a credit check

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credit checks would not work as credit reference agencies only carry details of bank accounts that have overdrafts or a credit facility

 

so if you had a savings account with 100k in it, it would not show up on a credit check

 

That is completely wrong I am afraid.

 

I only have a Natwest Step/Basic account, with no overdraft, no cheques, anything, and that shows up on my credit reference files.

 

And they probably send out a standard query to the banks directly with a name/NINO/DOB anyway, they wont just be looking at CRA - they will interrogate the banks electronically and check out any "hits"

[sIGPIC][/sIGPIC]

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Thanks to all for the feedback; seems unless you're one of the elite who can store your savings tax free offshore, you have to be prepared to have your private finances thoroughly investigated by private companies when you fall on hard times and require the state to support you.

 

What a sad state of affairs.

 

Since I hate all banks anyway, I think i'll take all my savings out and take my chances with house thieves; in the current economic climate, you never know when you may end up requiring to claim benefits of some description!

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Thanks to all for the feedback; seems unless you're one of the elite who can store your savings tax free offshore, you have to be prepared to have your private finances thoroughly investigated by private companies when you fall on hard times and require the state to support you.

 

You think you should be able to lie (by not declaring bank accounts) and get the state to support you?

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They can only access a bank account with a court order (warrant) from a Judge,if they suspect a crime has been committed.

 

Where on earth some people get the idea from that the DWP/Councils can just go around accessing everyone's bank account is belong me.....

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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I think 45002 has misunderstood. We aren't talking about physically accessing money, we're talking about gaining access to information in relation to accounts.

 

Think I may have got out of bed the wrong side this morning but jareds comment has infuriated me!! Benefits are for the needy of our society, needy means cannot do without help from the state. I fell on hard times at the beginning of the year and had no other option but to claim benefits until we go back on our feet; if I had of had money "stashed" away I wouldn't have claimed benefits. Ooooh it makes me mad!

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I think 45002 has misunderstood. We aren't talking about physically accessing money, we're talking about gaining access to information in relation to accounts.

 

Think I may have got out of bed the wrong side this morning but jareds comment has infuriated me!! Benefits are for the needy of our society, needy means cannot do without help from the state. I fell on hard times at the beginning of the year and had no other option but to claim benefits until we go back on our feet; if I had of had money "stashed" away I wouldn't have claimed benefits. Ooooh it makes me mad!

 

I feel the same. Earlier this year, my bank were being difficult in regards to bank statements. I wrote on a bank statement "you [DWP] have my permission to ask for information on my other bank accounts with ".

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Right just pulled this off the pay site we can't mention!

 

Checks on bank accounts and other financial matters can be initiated by the DWP, through the generalised matching service.

 

This can detect through data sharing with HMRC how many bank accounts are held by an individual, as all interest by law has to be declared by banks to HMRC. If for example a person claims means-tested benefits, and fails to declare a bank account or the correct amount of capital contained in a bank account, it can be detected through the GMS. If as a result fraud is suspected, authorised fraud officers can access individual bank accounts without the need to seek prior permission.

 

http://www.zdnet.co.uk/news/regulation/2010/10/20/dwp-plans-to-ramp-up-data-matching-40090586/

 

http://www.opportunities.co.uk/articles/dwp-new-fraud-and-error-strategy/

 

So there you go.

 

Maybe the OP can answer the glaring question of why they wanted to deliberately lie/withhold information about these accounts from the DWP?

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speedfreek, that is correct

 

HMRC, DWP and LAs routinely carry out data-matching exercises for discrepancies between the information held between them.

 

If a disrepancy arises, for example if a person declares capital of £1000 to DWP/LA, however their bank declares that the person received £500 interest, then the matching service will notify the DWP/LA of the discrepancy.

 

If it is a minor discrepancy, the DWP/LA will normally contact the individual for further information about the issue.

 

If the customer refuses or fails to provide the necessary information or if it a major discrepancy, the DWP/LA may then use their powers under the SSFA to obtain the information directly from the banks.

 

The SSFA powers are normally a last resort where there are substantial enough grounds to suspect fraud, and there is no other way to reasonably obtain the necessary evidence to investigate the case.

 

They are not rarely (if ever) used at the time a person makes their actual claim for benefit.

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If your claiming HB or IC,yes you have to declare your bank account/savings and if you dont,they can refuse to pay you benefit.

 

If they suspect fraud is beaning committed.

 

They still need a court order (warrant) from a Judge,to access a bank account

 

Don't believe everything you read on a web site,especially from " the pay site we can't mention!"

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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45002

 

i think people may be talking at crossed purposes, I agree that the DWP/LA cannot access the funds within bank accounts without a court order

 

However the discussion appears to relate to the issue of DWP/LA obtaining information in relation to bank accounts, e.g. balances, copy statements, etc - which can be obtained under the social security fraud act where there is suspicion of fraud and does not require a court order

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Why am I getting grief here; at no stage did I say or imply that I planned to deceive/withhold financial information from anyone. If I was to claim benefits (heaven forbid I would ever have to since the level of JSA wouldn't support a hamster) I would be happy to declare any cash savings I had; I simply resent the fact that private organisations can access your bank details; at what point did I say I had £100,000 thousand pounds in the bank and planned to take it all out so that I could commit fraud?

 

Looks like some of the posters here should stick to reading the Daily Mail

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*clutches handbag*

 

Your original post mentioned deliberate fraud and that plus subsequent posts asks the question why that fraud failed!

 

Call me a cynic but........

 

The ethos of this board is we do not judge your actions but help you get a fair result no matter what you've done. That means we do not promote or encourage fraud but will help with the consequences.

 

The question "my mate tried to hide their bank accounts but got found out why?" fits into that ethos how exactly?

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*clutches handbag*

 

Your original post mentioned deliberate fraud and that plus subsequent posts asks the question why that fraud failed!

 

Call me a cynic but........

 

The ethos of this board is we do not judge your actions but help you get a fair result no matter what you've done. That means we do not promote or encourage fraud but will help with the consequences.

 

 

 

The question "my mate tried to hide their bank accounts but got found out why?" fits into that ethos how exactly?

 

What fraud are you taking about? Did you actually read the original post? No fraud was committed; the sum of her bank accounts was well under the threshold for affecting any benefits so where was the fraud? Where did I ask why the fraud failed? There was no fraud

 

Like I said, some posters should stick to reading the Daily Mail

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Nystagmite is correct in oppening post it was stated that the friend only declared 1 account originally and then the LA produced information about an account that was initially undeclared. Although it may not have been fraud in that the account could have been overdrawn or a nil balance it is still fraud as all information was not declared iygwim?

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Nystagmite is correct in oppening post it was stated that the friend only declared 1 account originally and then the LA produced information about an account that was initially undeclared. Although it may not have been fraud in that the account could have been overdrawn or a nil balance it is still fraud as all information was not declared iygwim?

 

Would there be an intention aspect? If the OP's friend intentionally hid that account, then aye, regardless of contents, I suspect that could be seen as fraud. If she simply forgot to mention it, or didnt think she needed to, then no.

 

Its easy to do, I had a compliance interview, handed over my statements, but forgot about my second account with the same bank - it was on my statement, as when I received a community care grant, I paid the cash (giros) into that second account, to keep it separate from my JSA, and transferred it over in bits, when I found various items of furniture etc to buy. So he noticed the payments, asked what they were, cue embarressed face, and I trotted off round the corner to get a statement printed for that account.

 

Like the OP's friend "may" have, I never thought to mention it, as at the time of the interview it was empty, and had been apart from the CG money ever since it was opened. :madgrin:

[sIGPIC][/sIGPIC]

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  • 2 weeks later...

I would just like to point out that they did not get a court order to look through my bank account. All they have to do is request this info from the bank and state what reason and they get it. How do I know this? They did it to me!

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