Jump to content


  • Tweets

  • Posts

    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Old MBNA Credit Card debt > Aktiv Kapita > PRA > Brodies LLP


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2600 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Here's my summarised situation.

I'd like any advice on how I should proceed now.

 

Took out a Credit Card with MBNA in 1999

 

Through their unscrupulous lending,

my own stupidity & intermittent mental health issues,

I ran up a debt that I couldn't pay off

 

I started to have problems meeting my minimum monthly payments in 2010, and requested a temporary interest freeze when it got really bad

(thought this was 2011, but now realise it was probably 2012... further explanation below)

to help me to sort our my finances.

This request was ignored.

 

After several months I stopped paying anything and prioritised other debts.

 

Eventually defaulted in 2012

I started to get harrassed by Aktiv Kapital

Over time have now been chased by PRA, another couple of agents and back to PRA

 

At one stage,

not sure when but probably 2012/13

I requested proof of the debt being owed to Aktiv Kapital/PRA?,

and didn't receive that proof.

 

At the time I downloaded a template letter to send,

but not sure where from,

but it included the sentence about not admitting to the debt.

 

Due to not receiving the proof requested I didn't enter into any communication with any of these companies again.

PRA continued to harrass me.

 

I wouldn't hear from them for months and would then be bombarded with telephone calls as well as letters.

I didn't answer the phone to them or respond to their letters.

 

Over time they have offered a discount on the debt several times

 

In June 2016 they advised by letter that they were considering passing the case to their Scottish Solicitors

 

I received a letter from Brodies LLP in July 2016 stating they had been instructed by PRA to pursue recovery of the debt and threatening court proceedings.

 

I panicked!

I was convinced at the time that it had actually been in 2011 that I had last communicated with the original lender and sent a Statute Barred letter.

 

I heard nothing back and when a couple of months passed with no communication I thought I had heard the last from them.

 

On Saturday I received a letter from Brodies again (6 months later) which included a copy of my original Credit Agreement and copies of the final few months of statements of my account with MBNA showing I made a payment in August 2012.

 

This letter states that

"To avoid this matter being passed to our Court Action Team, you are required to pay the Debt or contact us to discuss a suitable payment arrangement not later than 2 February 2017"

The amount of the debt being chased is £5781.16

 

Are they allowed to only give 4 working days for me to contact them?

 

Are they allowed to come back to me after 6 months of no communication?

 

Am I entitled to request proof of ownership of the debt by PRA?

 

Should I contact them tomorrow?

I am not in a position to pay this amount.

 

Part of me says,

I borrowed the money and should accept that it eventually needs to be paid.

 

However, if there are any loopholes I can use to my advantage then I'd like to try to use them, as for the first time in 20 years I have all my other debts under control and can't believe this has come back to haunt me.

 

I've tried to read as much as possible on other threads, but got really confused by some of the terminology being used, so apologies if I should have been able to find my answers elsewhere.

Edited by missjam
Link to post
Share on other sites

.....throw the morality card that you had the money so must repay it out the window now.

 

/...if you did owe anything now..., then why did a big mutli national creditor sell the debt on to a debt buyer and write it off and not take you to court and crush you themselves...???.......urm.........

 

all the players you mention are all part of the same 'group'

so sadly you fell for the oldest trick in the book that DCA's pull...

 

you fell for the perceived web that the debt was somehow 'going up a chain'

that was a notion that they painted

you fell for it and responded...mug caught in the headlights...doh!!

 

back to basics....

 

its a 1999 mbna card

they'll almost never get an enforceable agreement nor the right sets of T&C's together

other than raiding their filing cabinet and faking it, from MBNA should you CCA request them...[no WAIT]

that WAS what you got or signed

other than an application form which doesn't contain all the prescribed conditions correctly.

 

so bearing that baseline in mind...

 

did you take this out whilst resident in Scotland

and are you at the SAME address as your take out date?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

ok thankyou

can you please scan up what they have sent as an agreement & T&C's to ONE multipage PDF

follow the upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

that's got to be the very 1st time we've actually seen the reverse of their postal application form ever..

the T&C's make refs to conditions in the bottom right like see 14.1 etc

they are not on that page

did they send page 3?

 

 

I also notice PPI ticked

i'd expect PPI running from 1999 to wipe any debt out even £5k they are claiming you owe

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

PPI was my first thought too

 

 

having looked at the statements I have I wasn't paying it.

 

 

I found one very old statement from 2002

(I think! will check when I get home this evening) that also didn't have a PPI payment on it,

I assume I cancelled it.

 

 

The job I was in when I applied for this card didn't last long and I became a student a month later so I possibly cancelled it.

There is no page 3 of the application.

Link to post
Share on other sites

then they are missing an important part of the CCA return then.

 

 

and where the statement of account, did they send one...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

it should have come wit the CCa return as its part of the requirements

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

So at this stage I've now not met their deadline to get in touch. I'm wondering if I ought to be sending something about the CCA being incomplete? Or do I sit tight and wait for their next move?

Link to post
Share on other sites

you certainly don't invite letter tennis no.

its also not relevant to tell them the CCA return might not be compliant

that's not for you or them to speculate upon

 

that for a Sherriff to do, IF it ever gets that far.

 

the overriding fact here

[but its not unusual mind]

 

is that MBNA sold a very large debt on.

why?

they could have crushed you in court but didn't....urm..

 

but as I said, that's quite typical of MBNA

and seems to be the remit of the American consortium that at the time had purchased MNBA credit card division.

 

its now I think back in the uk and owned by Lloyds I think.....I read.

 

the bottom line is:

 

PRA are only interested in fleecing money out of people

like all DCA's

 

so have seen +£5k here and have put it thru their PC threat-o-gram machine.

 

if any human has actually had a part in this yet is to be discovered..i doubt it.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

they have failed to give you an annual statement of account

( should have done this every year since the debt was sold to AK, along with a notice of assignment), j

ust an old card statement from before AK bought the debt so not CCA compliant.

 

 

Debt looks like it will become SB in sep/oct so do nothing for the moment and they will probably let the clock run down too long to actualy take action by the time they do try again and you tell them they have got it wrong.

Link to post
Share on other sites

lots of ifs but mays might's and instructed there

IMHO ignore too

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...