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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • 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
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • 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.
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    • 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.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Repayment offers - what %age is reasonable?


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In the next few months, I am hoping to be able to offer settlements to try and close some of my debts out, particularly where there are CCJs and/or charges on the property, so that we can remortgage, hopefully with a ‘normal’ lender. We are currently trapped in an interest only mortgage and need to get a different package, but these things effectively stop us doing so.

We are currently paying several creditors, either by court order or by mutual agreement, various fixed sums per month ranging from £5 to £40, and two companies have a charge on our house.

Some of the payments under court order are due to go on until way after we are dead, assuming we don’t live to be 130! So they are unlikely to get the debt repaid.

What I’m wondering is, how does one go about making offers of repayment, if one can only offer a fraction of the whole?

Say, if I am paying a £10K sum at £10 a month. That adds up to 1000 months or 83 years! If I offered the creditor a one-off payment of £1K in settlement, would I be being ridiculous? It seems they could do a lot more with a grand than with a drip-feed of a tenner a month until I die (I’m in my early 50s).

And, if they took my grand in final settlement, could I then get CCJs and charges removed?

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Hi, Full & Final Settlements, need to be handled very carefully as you could find any remaining balances coming back to bite you later.

 

With those debts that are subject to CCJs the judgement will remain a matter of public record for six years from the judgement date paid off or not.

 

You will almost certainly be asked with any type of mortgage app if you have had any CCJs (usually in the last years).

Also any lender will these days be looking at an absolute minimum of good to excellent credit management of 3 years and for mortgages probably longer.

 

To get proper advice for this you need to list the debts, their status (CCJ/CCJ and Charging order/charging order/arrangement to pay with creditor or a DCA.

The amount outstanding, the companies concerned.

 

With 'straight forward' debt with creditor or a DCA one would look to making an opening offer of 10-15% of the outstanding balance plus it being conditional on the remaining balance not being sold on to any 3rd party.

 

I have to be upfront here this will be a long hard slog especially with the CCJs.

 

What is the full amount of your delinquent debt?

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May be worth making a file for each debt, with all the data for each one, amount o/s default date / CCJs post them here it will be easier to advise on where to start and what to offer.

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OK I'll do a spreadsheet. Might take a bit of time but I'll be back on here once it's done.

 

OK Yog.

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OK, after much shuffling of paperwork and organising of files, I have got things in some kind of order. Not pretty reading, although it represents a bad time in both my life and my wife’s (largely before we met).

In total, including those debts where the creditors have not been in touch for a few years, we jointly owe £51K. Terrifying, but meh, I’m used to it now.

We have 2 CCJ’s, both in my wife’s name, with Lloyds TSB and Link Financial. Both of these also have a charge on our house. There are payment arrangements on both these, which will remain in effect for many, many years.

I have 2 other payment arrangements, with Cabot and CL Finance, for small sums each month, which are fixed (non reviewable) and will go on for decades, well beyond my lifespan. There is no CCJ on these.

Of the remainder, these are all in dispute. All have had s78 letters sent, either to the current owner of the debt, or (usually) to the OC or a previous DCA. Most have not responded and of those that have, two have provided copy CAs (or at least signed application forms). Most are dormant however, with no contact in the last 2-4 years.

So it is the CCJs I am most concerned with (total £17k), meaning LTSB and Link. How to approach them, and what is realistic? We have a limited sum to play with but it’s an opportunity to get some debt off our backs and get out of our mortgage trap.

If they will play ball, then there are the other ones where we have fixed payment arrangements but no CCJs. As these payments are paltry and endless, surely they’d jump at a chunk of money? But let’s look at the important ones first: LTSB and Link.

Oh and, if a creditor accepts a full and final settlement, does that mean we can get the charge removed from the house?

Oh and one very last thing! Is it still possible and worthwhile trying to reclaim bank charges and PPI from old bank accounts? I had 12 years of PPI payments on a previous mortgage with HSBC and Bradford & Bingley before them. No idea how to go about it but a debt adviser suggested we might be able to get back a substantial sum, which would help clear more of these debts.

Edited by Yog sothoth
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Hello Yog,

 

Let's go to your last paragraph first.

 

Bank charges ( current accounts) are no longer open to reclaim since the OFT lost the landmark test case on this.

Penalty Charges on Credit Cards and loans are reclaimable still so the should be reclaimed before considering any full & final repayment offers or repayment plans.

 

PPI on CCs on Loans most certainly reclaimable if misssold.

 

There are some site team members who are superb at helping with these reclaims if you post up the details of the accounts and the PPI details I know they can help you and with no greedy claims company taking a slice.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 3 weeks later...

Right Brigadier, I am engaged in a search for PPI details but in the meantime, I need to get cracking with these offers.

 

Just hypothetically, let's say I have approximately £10k to play with, to try and pay my creditors off. based on what I posted above, where should I start and how should I go about it? I presume there's a right way and several wrong ways?

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Hi folks. I really do need to make a start with these companies, so any help would be very gratefully received.

 

Should I approach each creditor one at a time, and if so, what should I offer them?

 

Obviously I want the ones with a charge on the house and a CCJ sorting first, as they are preventing us ever remortgaging. So please help!

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