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    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
    • Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
    • Paying DCA's one penny, never mind £50 per month is a mugs game, they have really been milking him as a cash cow   See where received a claim form is underlined in your post, you need to click, on that and read carefully, then answer the questions, then copy and paste into a post on this thread Forget the CAB ,  their advice is sometimes weird. Is it worth defending? Lowell brought these debts for 10 p in the pound , years ago, because they are flawed. Think about it! if it was such an easy win, Capital one could have taken it to court and crushed him.  It could be an invalid agreement, default notice, or many other things. In a nutshell , yes, and we can help you.
    • Origin moved to EA App... I know this all too well.  Reach out to Customer Services I would to see what they can do. 
    • Welcome - One of the team will take a look shortly
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MBNA county court Summons " Help Please


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I have been issued a county court summons from Northhampton Court with regards to a debt i owe MBNA.

 

I spilit up with my partner back last year because of domestic violence and have since been struggling on my own to keep up with the mortgage payments as he has not been contributing since May 2009. I have a few debts and have tried my upmost to pay them all a payment of which i can afford.

 

I wrote to all my creditors back last November explaining my financial situation asking them to freeze the interest until i sorted myself out and a few of them have been least co operative to say the least.

 

MBNA just wenT ahead and applied for this summons even though i made a payment of £60 and £25 in the last 5 months.

 

Can i defend my case, and if so how?

:dizzy: "Dizzie Diva" ;)

 

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My deadlines very soon, i have telephoned citizens advice and have had no reply today, therefore i am a little stressed at the moment.

:dizzy: "Dizzie Diva" ;)

 

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Hi DizzieDiva2010 How old is the debt & what amount roughly is it?

 

Heres some advice I got from my early days that the caggers helped me with on my thread ......

 

You have to acknowledge the claim form within 14 days on the date of the claim form, then you get a further 14+3 days in which to submit the defence....have you sent a CPR request?

 

Have a read here - Claim form Received today and also this one - Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage

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Thank you for your responce. This is a very distressing time for me at the moment.

 

I completed the acknowledgment of service form earlier. I intend to defend part of my claim. Im not sure if i should have choose that option having not been given any advice ???

 

I have been left with a few debts so this is all getting on top of me and im finding it difficult to keep on top of by myself.

 

What next??

:dizzy: "Dizzie Diva" ;)

 

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I have been browsing this site all evening and I have read about the CPR 31.14 not understanding right now, as my head is full of various information and not knowing what direction to take.

:dizzy: "Dizzie Diva" ;)

 

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Dizzie, you haven't said how old the debt is and what it is, is it a credit card? The reason you have been given the link is to find out if MBNA have an agreement which they are able to enforce. Often with MBNA if its an older agreement they haven't got the correct paperwork so they cannot make you pay anything. Its a horrible situation you find yourself in and I expect you feel you can't trust anyone, but now you have found your way here you will get help and support. Have a look at the legal issues and the legal successes forum to see how people can and are dealing with this.

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Hi.

 

Without the agreement i believe it was 2000 or maybe before. The card I had with MBNA was a platinum card with an interest rate of 2.5292% on card purchases, cheques/money transfers, default sums, balance tranfers and cash. My credit limit was £3000. £1.00 interest was being charged from January 2009 til June of which I had no income to pay them and the direct debit i had set up with them was not clearing. Therefore i had no other option but to cancel my the direct debit due to bank charges.

 

I have since made payments as follows;

 

July Missed had no money

August Missed had no money

September payed £50 Money I borrowed

October payed £60 I made a claim for Job Seekers Allowance

November Waiting for my claim to be finalised

December Owed all my money out and missed payment

 

I wrote to them November 2009 and kept a copy of the letters informing them of my financial hardship along with a copy of my income and expenditure. They telephoned to tell me that they would not accept my offer of £5 per month and that the least they would accept was £25, but i had to again give them a copy of my income and expenditure. I asked them if i could email it to them, of which i did the 18th February 2010. I had no reply, therfore emailed them again with the same email the 17th March to recieve a responce saying that my account had been passed to Reston Solicitors.

 

I recieved a default notice in March saying in order to remedy this breach they had to recieve a payment of £479.17 by the 25th March 2010. But according to the latest email from them they had already passed my account on to Reston Solicitors!

 

I dont feel that my case has been treated fairly??

 

Opinions please.

Edited by cerberusalert

:dizzy: "Dizzie Diva" ;)

 

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Dizzie,

 

Can you post up the DN on here to check that it is correct as MBNA usually get it wrong. Did you by any chance keep the envelope it came in, could be useful, was it sent 1st or 2nd class

 

You need to read up on MBNA here to see how they work, I cannot help with court issues as I do not have any experience but many here will assist.

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No i never kept the envelope, never crossed my mind, however i will try and post up the default notice.

 

Any advice on how to do this please?

 

I have been issued a summons is it too late to ask for the agreement and who do i ask it from, MBNA or Reston Solicitors who are acting for them now??

Edited by DizzieDiva2010
additional info

:dizzy: "Dizzie Diva" ;)

 

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I use a scanner myself but there are other methods but I am not familiar with, make sure you cover any personal details and bar codes.

 

As I said, I do not have much knowledge of court summons apart from what I have read on here but think your option is to request a copy from Restons using CPR 31.14

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No, its not too late, follow post 6 and send it to Restons. Don't worry about the default notice envelope, its nice to have it but its not critical. I didn't have it my case and I still beat them. Use one of the free image hosting sites such as photobucket or I believe its called imageshack. You can edit out the identifying details in there and post it up for peeps to see, even a technophobe like me can use it.

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Dotty im finding it difficult to send the document enlarged without being blurry. Can i email it to you or not?

 

I havn't got access to a scanner!!!!

 

Grrr

:dizzy: "Dizzie Diva" ;)

 

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Oops sorry if the link did not work above for you :roll:...try again :)

http://www.consumeractiongroup.co.uk/forum/legal-issues/185051-claim-form-received-today.html

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

Glad you have some advice onboard now, where we can help we certainly will try for you.....

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Dotty im finding it difficult to send the document enlarged without being blurry. Can i email it to you or not?

 

I havn't got access to a scanner!!!!

 

Grrr

 

Hi Dizzie,

I don't think you can send attachments via a PM (private message) but if you still have problems, let me know and I will send you my email address.

 

Although if you haven't got a scanner, how can you do this??

Edited by Dotty50
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