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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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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Knobbling MPs and Wannabes


phoenix11
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Although Parliament has been dissolved, MPs are still in situ and the wannabes are gearing up to grab what they can......

 

Is this not a really good time to be emailing our MPs to lobby like there is no tomorrow to create as much of a tsunami over the way the banks have increased not just their bullying but refusal to comply with the Banking Code, and to bring people to their knees???

 

Also, contact the wannabes - they may not be MPs but they've got a voice and they can lobby on behalf of their prospective constituents.

 

Sitting back to wait and see who gets into power is pointless and a waste of time, IMHO.

 

All those who've had their benefits stolen, who have been refused assistance as hardship cases, are being taken ever nearer towards bankruptcy or who's lives are being ruined by the banks refusal to be reasonable and assist as much as possible have absolutely nothing to lose, and everything to gain by making this now one very very big issue.

 

The country's recovery is going to be more blighted by the increasing spiral of debt and misery by the banks who have caused this massive problem in the first place, far more than any increase in NI.

 

Please - get writing, get emailing - make this a major issue which needs raising again now!

  • Haha 1
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To start you all off, here's a list of MP's and Lords with their email addresses

 

UK Parliament - Alphabetical list of MPs

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Great idea this, I'll make it a sticky. :D

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thank you - I had a mild heart murmur when I couldn't find it at first.

 

:p

 

Here is another link for emailing:

 

WriteToThem - Now write your message to Lord Mandelson, House of Lords

 

Given that Lord Mandelson has already cited Bob Diamond of Barclays bank, emailing him with specific examples of that bank, or any other where there is a clear refusal to work within the banking code, and to demonstrate any bank's refusal to help their clients in difficulties has to be a good thing.

 

To email specific MPs, just use the They Work For You website and find your own MP.

 

I've written a letter to David Cameron and Nicholas Clegg as leaders of the opposition parties.

 

Note the instructions on that website - to use your own words - tell it like it is for you, giving chapter and verse of what you have been put through.

 

It's also only going to have an impact where people can demonstrate that they've tried everything to sort things out with a bank, are on benefits which have been misappropriated, or have had charges on charges on charges etc, not anyone who simply disagrees with the Supreme Court ruling.

 

This is your opportunity to talk about you - the deprivation, the distress, the affect on your health and degradation of you as a person.

 

The effect on the economy - the need to apply for any Crisis Loans to refund the benefits stolen, the impossibility of ever climbing out of debt - being driven to bankruptcy, as applicable to your own personal case.

 

Give factual details if at all possible.

 

Let's go for it.

 

:D

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The only draw back at the moment is 100 or so MP's wont be standing for re-election coz they were allegedly caught with their fingers in the bag of penny's, if yours isn't on the list, not to worry.

The BBC are going to publish a list of all candidates soon, I'll update this thread when that happens.

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

I've had a response from the Conservatives - but I can't seem to find where I've put it.

 

Much along the lines of splitting the banking system of the day to day commercial banking from the big, investment-risk stuff.

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For anyone who has written to their MP and not received a response (and they are still MPs until the die is cast) here are some suggestions from the WriteToThem team:

 

What should I do if my MP (or other representative) doesn't reply?

 

There are lots of things you can do to follow up your enquiry if you get no reply, or an unsatisfactory reply, from your representative.

 

See your MP or other representative in person, raise your issue with them at their local "surgery". Call your MP's local constituency office or your representative's party office to arrange this. You can find the number in your local phone book, or on your MP's website.

 

Make sure you have taken all other courses of action to raise your issue, or to get your problem solved. For example, contact the relevant central Government department, and relevant officers at your local councils. Ask your local Citizens Advice Bureau for advice.

 

Write a letter to your local newspaper about your issue, and your dissatisfaction with your MP, MEP or councillor.

 

Write a letter to your other representatives, such as your MP, your local councillors, MEPs or regional representatives, if appropriate. You can do this for free using WriteToThem.

 

Complain about your representative to their local party. Contact the local party office. The local party has the power not to select your MP as a candidate for the next General Election.

 

Use PledgeBank (www.pledgebank.com - made by the same charity that makes WriteToThem) to gather a group of people with the same issue as you, and solve the problem together.

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Not sure what you mean, Marlonnice.

 

Found the letter - here are some snippets - but these are just from the letter and nothing to do with what I personally believe - just what one party is saying:

 

... a Conservative Govt would introduce a new levy on banks ......... There is already international support for such a a levy. In America, Pres Obama has announced plans for a 'responsibility fee'.................

 

And in Sweden, banks and other credit institutions have been paying a 'stability fee' since 1999.

 

......... we should also look closely at Pres Obama's recent plans to separate retail banking from activities such as large scale proprietary trading.

 

..... case for this sort of reform and that is it best done internationally.

 

 

... abolish the FSA...give responsibility for ensuring financial stabilityto a strong BoE ..........

 

... create powerful new Consumer Protection Agency which will have responsibility to protect the consumer. At the moment these are confusingly divided between the FSa & OFT. We will place them in a single powerful body able to stand up for consumers and ensure they are treated fairly.

 

Much of it is electioneering and the big stuff seems to be about who blinks first with swipes at the bonus culture and personal greed of the banks.

 

But the last bit IS something that should be happening for consumers. The FOS is a shambles at best with no clarity or consistency in its approach or treatment of complainants, OR of personal interpretation of the law which they should NOT be doing.

 

The law/ rules are laid down and the FOS has NO business in deciding on an individual adjudicator basis which rule or law may or may not be applied according to how they feel.

 

 

So - there may be a bit more ammo in that if anyone cares to use it.

 

You have nothing to lose - write to them!

 

:D

Edited by phoenix11
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splitting the banking system can make investment-risk stuff... All those who've had their benefits stolen, who have been refused assistance as hardship cases.

 

;)Another post from this newbie that doesnt make sence, not very helpful. On my thread he said maybe my father did not go to court because he didnt abuse me. Forgive me but I was there;) Were you poster? An expert at 'it' according to profile, but of anything else? Posts make me wonder.:eek:

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old friend of mine, thomas scotts running for election tho i doubt he'll get a seat (seen as hes running as mad c'ptin tom) ill try talking to him again sometime

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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  • 2 weeks later...

Well, now the dust has settled, this would be an excellent time to start writing to MPs about the changes to the banking system to include forcing the banks to drop their charges to a much more reasonable level, have much clearer information on how they work and on consumer rights, to have to work with people in hardship and not just shove their accounts around to DCAs, and to have a much more strident accountable body to oversee the complaints.

 

If everyone sits back and waits for the next person to do something, nothing will be done.

 

If even a few of the members of the CAG kicked the ball off by writing to their MPs then hundreds of letters/ emails could go out within days, or even hours!

 

The banks are going to be edgy - they do not want to be interfered with as per the manifesto proposals - so now is a very good time to pile on the pressure for positive change for the 'basic' consumer.

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  • 1 year later...

Excellent thread Phoenex11. We still have to keep the pressure up so keep writing to your MPs, and there's a petition to Government here that needs our support.

 

http://www.consumeractiongroup.co.uk/forum/content.php?785-Re-Bank-Charges-Campaign-Continues

 

Please folks, don't leave this to everyone else. Demand action from the people who have been elected by us to look after our best interests.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 years later...
  • 2 years later...

And here is a list of MPs from the last General Election. No changes have been made since Theresa May took over, I think.

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?438-Members-of-Parliament-contact-details-1.6.2015-including-Twitter

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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