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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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Sanctioned for bad luck?


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Well I'm on here seeking advice given thet the jobcenter and TBG(workprog provider) both keep playing pass the parcel.

 

I Have been unemployed for 3 years in an area with little to no public transport matching the local city work hours (most jobs in cardiff are 6am-11pm shifts for callcenter and shops)

 

Now recently I attended a christening in london for my niece my brother came to wales to collect me and would be bringing me home , I asked at the jobcenter and was told this would be ok.

 

Unfortunately my brothers car broke down meaning he was unable to get me home until the tuesday instead of the monday , I contacted TBG who said it was ok and they would re-book. However then On the 27th of June I recieved a letter dated the 13th June telling me i would be sanctioned for "not making sufficient effort" which was after my housing benefit had been suspended due to no evidence . Bearing in mind that the same work provider forced me into 4 weeks unpaid "Work experience" and refused to refund the transport costs or clothing costs. meaning any savings i had have been wasted.

 

I Have been told by the jobcenter that its nothing to do with them and issues must be taken to TBG , I go to TBG and the refuse any help saying I need Forms from the Jobcenter (got the forms and filled in) Yet Trying to apply for hardship or crisis loans see me treated like the ball in ping pong with TBG passing me to the jobcenter , The Jobcenter telling me to phone up , And The phone jobcenter staff telling me to return to tbg.

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what a joke!! you obviously live in the same sort of area as myself....live in ferndale area....the only thing you can do is appeal the decision....use form GL24 it is downloadable...and see if you can get this overturned....this is becoming increasingly familiar story...from these pimps...did you get the name of the person who originally told you that it was ok that you were not at original appt?...also put in a complaint to the providers...you were given incorrect information....have a look and see if they record all incoming calls...you may be lucky you never know....

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I Live in an area called LLwycoed, Nearest trains station is just under a 3 mile from my door walk unless i walk down the road (no lights no footpath) in which case its a little over a mile and a half to the aberdare station.

 

Its an area where the work provider complains BECAUSE nearly 90% of the unemployed in the area don't drive and cardiff/newport are always screaming for staff. Yet recently the areas seen transport cut back repeatedly. They don't record call's , in all honesty its a grotty little makeshift office that was previously a cafe. And even if they say its ok they are required to tell the jobcenter anytime they rebook.

 

But it just gets me how the jobcenter can lie and have no comeback for providing false info , let alone decide to sanction you for that misinformation on your first ever missed appointment and thats only missed because of bad luck on a breakdown.

 

Worst of it no gas , jobcenters advice "sit in the library" , No food "find a soup kitchen". Family offers to come pick me up and let me stay with them , nope work provider wont rearrange appointments. The sooner I can get a job and tell them where to go the better.

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yeah know llwydcoed...similar story here in ferndale...first bus out of village is 9 in morning..otherwise a 2 mile hike up and down a mountain...last bus is 2300 but the actual buses over to village stop at 2000...no train service or station anywhere near me...it will be the providers who have sent in the sanction and that is where you have to start....put in an appeal to jobcentre first..then letter to provider to complain of incorrect information given to you..you say calls are not recorded are they logged? you need to be proactive here..know its difficult...but you can either get angry or get trodden on by them....how long is sanction for?...

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Nope the only record they have was that they changed my appointment from the tuesday and gave me one FOUR weeks later.

 

Got my appeal form sent now downloaded , filled in and sent (luckily had a free post Jobcenter envelope!)

 

Also questioned that if it was ok for me to attend the christening in london why am i being penalised for a car breakdown even though I have the AA callout Report confirming the breakdown and issues.

 

Speaking to the provider they were very apologetic and seemed confused that the sanction would have stuck for the sheer bad luck of a breakdown.

 

I have spoken to a decision maker who phoned up during while i was typing this reply and they have said it will not be reconsidered as i didnt make adequate effort to attend. But acknowledge that i was told it was ok by the staff but apparently they have no right to do so.

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The sooner I can get a job and tell them where to go the better.

 

Isn't that the outcome that they work to? They seem to be doing (in any which way) quite well in motivating you.

 

Only then will the provider get paid.

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Isn't that the outcome that they work to? They seem to be doing (in any which way) quite well in motivating you.

 

Only then will the provider get paid.

 

But the provider are doing nothing. I send of more cvs and applications then jobs they find for me . (I say find thats laughable i get given a pile of mostly useless jobs to read through) and If i get a job off my own back with no support or if they dont shape up im determined to take it further as they don't deserve money if I get a job at my own cost and work.

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well make sure that you request that they remove all data sharing by dwp and provider there are letters to do this..this will stop them pimping off you when or if you get a job.....cos believe you me they will try all ways to get their money if you get a job....

make sure you send a copy of breakdown report with your appeal...if where you broke down was too far to walk you may have a good chance of getting this appealed

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yeah know llwydcoed...similar story here in ferndale...first bus out of village is 9 in morning..otherwise a 2 mile hike up and down a mountain...last bus is 2300 but the actual buses over to village stop at 2000...no train service or station anywhere near me...it will be the providers who have sent in the sanction and that is where you have to start....put in an appeal to jobcentre first..then letter to provider to complain of incorrect information given to you..you say calls are not recorded are they logged? you need to be proactive here..know its difficult...but you can either get angry or get trodden on by them....how long is sanction for?...

 

I'm not being argumentative but why don't people invest in a push bike?

 

My father, in the 60's, used to cycle to work the 4 miles each way, rain or sun. On top of that he used his bike for 'official business' and was a paid a few pence a mile.

 

His job? He was a Collector of Taxes (Inland Revenue) in Cardiff (Wood Street) and used to go out knocking on doors collecting tax. He used to cycle miles up towards the valleys, across towards Llanishen and beyond.

 

At the time we lived in a small village on the outskirts of Penarth.

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I'm not being argumentative but why don't people invest in a push bike?

 

My father, in the 60's, used to cycle to work the 4 miles each way, rain or sun. On top of that he used his bike for 'official business' and was a paid a few pence a mile.

 

His job? He was a Collector of Taxes (Inland Revenue) in Cardiff (Wood Street) and used to go out knocking on doors collecting tax. He used to cycle miles up towards the valleys, across towards Llanishen and beyond.

 

At the time we lived in a small village on the outskirts of Penarth.

 

Norman Tebbit advice!

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Yea an when I were lad 150 of us lived in shoe box in't middle of road.

 

Cardboard box, you were lucky, we used to live in paper bag in septic tank. We had to get up half and hour before we went to bed and walk 50 miles to work, and all this for a cup of gin.

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Yea an when I were lad 150 of us lived in shoe box in't middle of road.

 

Cardboard box, you were lucky, we used to live in paper bag in septic tank. We had to get up half and hour before we went to bed and walk 50 miles to work, and all this for a cup of gin.

 

You had it easy, when it was cold we used to huddle around a candle, when it was really cold, mum lit it.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Not every body can afford a pushbike.. Many jobs do not have facilities for sweaty soacking we t people to get showed and changed to do their job. Not all are able to cycle to work or even live near enough to make it practical.

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Wax candle, you were lucky. we only had a bit of string soaked in fat.

At least you had some dripping.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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I'm not being argumentative but why don't people invest in a push bike?

 

My father, in the 60's, used to cycle to work the 4 miles each way, rain or sun. On top of that he used his bike for 'official business' and was a paid a few pence a mile.

 

His job? He was a Collector of Taxes (Inland Revenue) in Cardiff (Wood Street) and used to go out knocking on doors collecting tax. He used to cycle miles up towards the valleys, across towards Llanishen and beyond.

 

At the time we lived in a small village on the outskirts of Penarth.

then why bother? its a bit difficult to walk when you are in a bl**dy wheelchair....and trying to get up and down a mile long 1 in 3 hill I can assure you is no joke....

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I'm not being argumentative but why don't people invest in a push bike?

 

My father, in the 60's, used to cycle to work the 4 miles each way, rain or sun. On top of that he used his bike for 'official business' and was a paid a few pence a mile.

 

His job? He was a Collector of Taxes (Inland Revenue) in Cardiff (Wood Street) and used to go out knocking on doors collecting tax. He used to cycle miles up towards the valleys, across towards Llanishen and beyond.

 

At the time we lived in a small village on the outskirts of Penarth.

 

Unfortunately you clearly have no idea of this are , Personally I have had to sell my pushbike to meet the costs of my workplacement's transport cost's.

 

BUt in areas like this pushbikes really are not that much of a valid idea as yeah its great and easy getting 3 miles just to the train station that has ZERO bike facilities but to get home? a mile and a bit ride (as cant cut over the field) and near a mile UPHILL ride that i used to have to walk.

 

And the advice is laughable back in the 60's a pushbike was safe transport due to a lack of people on the roads and defo lack of the "boy racer" brigade faced by todays cyclists who are required to also by all manner of safety gear and lights and face a far more dangerous road system.

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I was referring to the original poster who posted:

 

I Live in an area called LLwycoed, Nearest trains station is just under a 3 mile from my door walk unless i walk down the road (no lights no footpath) in which case its a little over a mile and a half to the aberdare station.

 

I cannot accept that using a bike would not solve the above problem.

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then why bother? its a bit difficult to walk when you are in a bl**dy wheelchair....and trying to get up and down a mile long 1 in 3 hill I can assure you is no joke....

 

Where did the poster say that they were in a wheelchair?

 

I read it that a 3 mile walk was far too much to ask of them.

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Unfortunately you clearly have no idea of this are , Personally I have had to sell my pushbike to meet the costs of my workplacement's transport cost's.

 

BUt in areas like this pushbikes really are not that much of a valid idea as yeah its great and easy getting 3 miles just to the train station that has ZERO bike facilities but to get home? a mile and a bit ride (as cant cut over the field) and near a mile UPHILL ride that i used to have to walk.

 

And the advice is laughable back in the 60's a pushbike was safe transport due to a lack of people on the roads and defo lack of the "boy racer" brigade faced by todays cyclists who are required to also by all manner of safety gear and lights and face a far more dangerous road system.

 

I'm sorry, but given the situation as we are in, a pushbike seems to be the inevitable answer to the problem.

Good grief up until a few years back when my health stopped me, I used to ride at the age of 59, 3 miles up a hill to get home. I don't know what the gradient is but it goes from sea level to 850 feet in that distance! On top of that after the ride to the railway station, I used to get the train to London taking another 90 mins, then ride to work in the city!

 

Personally I believe you are using the argument because you simply don't fancy the idea.

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you have obviously no idea of the problems in the area we live in...penarth as you probably know is a middle class to upper class neighbourhood...here in the valleys we live daily in deprivation, even managing to get the money together to own a pushbike is a major purchase....plus when you finally get to the station..there is nowhere to bloody leave it...and if you did i can assure you it wouldnt be there when you get back....the roads are a cyclists nightmare, narrow with cars parked both sides of the road with only room for one vehicle to travel down the centre of the road. dodging major potholes and cars you would take your life in your hands....the first bus out of here is 8.50 in the morning to cardiff a journey of up to an hour....that means you would not even get into a major centre such as cardiff before 10.00 in the morning...fine if you can work flexi...however, most jobs in this area...and they are very few and far between start much earlier than that....so unless you can afford a car and run it...then this a no go....I taught for years in cardiff...in order to arrive there by car for 0830 it meant I had to leave here at 0630 (and we are only talking a distance of some 17 miles)...traffic going in to cardiff in morning is a huge carpark....and if there was a accident it was not unknown for me to ring in and arrive sometime between 1000 and 1100..and this was not an unusual occurance on dark winter mornings...

when your dad was happily cycling from penarth and around cardiff there was not the amount of cars, lorries, buses, that clog the roads and have no regard for cyclists...have a look at the figures for the number of cyclists injured or killed in the area over the years..they have consistently risen.....walking is fine if you are fit..i am not.....

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I have some sympathy for Wales and it's people, back in the early eighties I did a spell of shop fitting for a franchise named Pizzaland ( which later became Pizza Hut) they opened a new branch in Swansea.

I was there for about five weeks in all, as we were nearing completion the shop manager was holding interviews for waitressing staff, on the Monday morning there was the biggest queue of women I have ever seen in my life waiting for the chance, many had come from Port Talbot, and a lot were ex miner and steelworkers wives, it turned out that there had been in excess of 500 applicants for 10 jobs.

 

Even the Welsh guys that did the tiling were doing a 150 mile round trip every day because there was no work in their local area. Port Talbot was one of the most depressing places I have seen, everything was Grey with what looked like a permanent fog about ten feet above the rooftops, I remember thinking at the time that if I lived there I would bust a gut to get out, anywhere would have been a better option.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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you have obviously no idea of the problems in the area we live in...penarth as you probably know is a middle class to upper class neighbourhood...here in the valleys we live daily in deprivation, even managing to get the money together to own a pushbike is a major purchase....plus when you finally get to the station..there is nowhere to bloody leave it...and if you did i can assure you it wouldnt be there when you get back....the roads are a cyclists nightmare, narrow with cars parked both sides of the road with only room for one vehicle to travel down the centre of the road. dodging major potholes and cars you would take your life in your hands....the first bus out of here is 8.50 in the morning to cardiff a journey of up to an hour....that means you would not even get into a major centre such as cardiff before 10.00 in the morning...fine if you can work flexi...however, most jobs in this area...and they are very few and far between start much earlier than that....so unless you can afford a car and run it...then this a no go....I taught for years in cardiff...in order to arrive there by car for 0830 it meant I had to leave here at 0630 (and we are only talking a distance of some 17 miles)...traffic going in to cardiff in morning is a huge carpark....and if there was a accident it was not unknown for me to ring in and arrive sometime between 1000 and 1100..and this was not an unusual occurance on dark winter mornings...

when your dad was happily cycling from penarth and around cardiff there was not the amount of cars, lorries, buses, that clog the roads and have no regard for cyclists...have a look at the figures for the number of cyclists injured or killed in the area over the years..they have consistently risen.....walking is fine if you are fit..i am not.....

 

I realise that my next comment is way off what this thread is about, but unless they have cut back on the buses and trains coming down from the valleys, many of my colleagues who worked with me at Prudential Buildings in Kingsway in the 70's had no problem in getting to work in a morning.

 

Even after I married and moved out of the family home and bought my own first property in Penycoed at 23, my wife was able to get to Newport High School every morning where she taught.

 

I strongly believe that where there is a will there is a way.

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Bikes aren't always practical. For a while, my dad cycled to work after losing his driving licence. It meant it took much longer to get there and back and he worked nights.

 

I have been advised to not ride a bike; because of how dangerous they can be for me.

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