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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
    • 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.
    • 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   -----------------------------------
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    • 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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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
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In 2001 I went to the whores of Satan, RBS, for a business loan. My parents stood their house as security for the loan. RBS eagerly supplied me bank accounts, loan, overdraft, credit card and so on. So. Five years later RBS notice my turnover falling, as the economy begins to suffer, and starts throwing a strop. As they are currently also doing to friends of mine, they pull the plug. They shut down bank accounts, cancel credit cards, and plunge my business into freefall, unable to buy stock, unable to operate. Forced to deal in cash I discuss the matter with one of their robots and I tell them to keep taking my business loan (which had never defaulted) payment out of the account by standing order, which I will pay into the account every month faithfully. And I did. And heard nothing from them for four months.

 

Then I got the letter, that they were demanding all the money, not from me, from my parents. They wanted to execute the security on the house. So I rang them, in the midst of my nervous breakdown. And I spoke to a very helpful young woman at RBS/NatWest recovery who told me that the bank had not been taking the loan payments and used it as a default against me. She also said it was VERY unusual for the bank to send such a large account to recovery so quickly, that usually it was triggered by much longer, more serious defaults. But, she said, it was to my advantage that the loan had gone to recovery, because it meant that the loan agreement was torn up and I could have a repayment arrangement with the recovery department and that this was better, because the amount being demanded was the full amount calculated for the term of the loan with interest, and thus further interest would be frozen as long as I made my payments, and she negotiated a lower repayment.

 

And thus, after a comedy of RBS administrative errors, I started to pay the recovery sum, five years into my ten year loan.

 

Over a year passed, and then RBS got stroppy again, and notified my parents that they were in default again. See, the £270 per month being paid back was less than the £300+ per month that they were adding on in interest... yeah... that's what we thought too.

 

So that's when the **** hit the fan. We raised the repayment amount to just above their 'minimum' and took the matter to the FOS. RBS's attitude was 'take it to the FOS then... they'll find in our favour and you'll be wasting your time.'

 

RBS denied for two years that the lady I spoke to at NatWest even existed. They denied that her department dealt with the matter. Then finally the paperwork proved them liars, so they admitted it but denied that she'd entered an arrangement with me, and couldn't explain how I knew so much about their internal procedures and the processes, or how I'd managed to write letters to them in response to her comments, or had started paying sums of money off my own back when, according to them, I was trying to do a bunk on paying them. After these abject denials, and being called a liar, the contact with the agent in question was admitted but we were told she was no longer in that department and could not speak to us. We insisted. Eventually we were told that no transcripts exist for the gravitous conversation that we had, only her notes on the system. We asked to see the notes. We were told we couldn't. We asked to speak to the lady in question, and were told we couldn't. We insisted. We were told that the notes on the system make no mention of any arrangement at all, and that the bank had spoken to the lady in question and she couldn't remember anything special about dealing with me. We have been repeatedly told that the bank consolidating all outstanding debts, claiming the balance in full, passing it to recovery and recovery freezing interest in order to secure full payment over terms is not a particularly unusual occurrance, and the bank agreed that the lady in question had a remit to do so, they just argue that she ddn't do so (and thus that I am a liar).

 

Immediately prior to the FSA case commencing, we were put in touch with a resolution manager for RBS, a Mr Whitaker. He also spoke quite sympathetically and authoritatively, said that 'resolutions' was what he did. He opened the discussion on how much we could raise to make a settlement with the bank, who were claiming £21k outstanding.

 

Now, bear in mind that this £21k was discussed over two years ago. In that time I've personally paid RBS £3720 per year, for a minimum of £7440 payment between then and now. Prior to that I paid them monthly for at least five years, totalling more than £21k in spite of a difficulties, and every penny was paid in a timely manner. The loan agreement was for £30k over 10 years and it was my understanding that after 10 years, including their interest, £47k would have been repaid. After the account was shut down and defaulted by the stroppy little 'relationship manager' at RBS I paid around another £6.5k over two years before ever we got to discussing resolutions and FSA cases. All told, then, RBS had more than £21k plus £6.5k up to two years ago (and considering that the loan was taken out in 2001, that means that the loan term at the time of the defaulting by RBS was just five years, plus two years to the discussion of a settlement, meaning that RBS were demanding £21k on top of the more than £27k they had already received (£48k total) with at least three years left to run on the original loan term.

 

So... if you're still following... the 'resolution' expert discussed this issue with my dad. Once the loan was defaulted RBS moved like lightening to wash their hands of me, and to go straight after the security in my parents house... they've not been interested in talking about financial resolutions, they have at all stages suggested mortgages, and threatened to go to court to have the charge on the house executed etc. They have a one track mind and an almost vampiric thirst to drink the blood out of my parents property. It is, actually, almost embarrassingly undignified to watch them so voraciously stalk two retired pensioners who are living on state pension, as my parents are now. RBS won't even talk to me. They have no 'issues' with me, they say. Their issues are with my parents over the security on the loan.

 

So the resolution expert hears my dad very articulately explain his moral and economic issues with the figures as they stand at the time, and the amount RBS stands to make over a default that they themselves created and virtual money that they have charged as a result. And funnily enough, the resolution manager kind of agrees, and functions as a sympathetic android. He even goes as far as to suggest that we could come to a settlement, and that he might think it appropriate to go to the senior decision makers and propose that we would raise £16k if they wrote off the rest of the £21k they claim. We agree in principle. Two days later he calls us back, sounding like a changed man, and very solemnly tells us that the senior people will only settle for about a £500 discount and 'won't charge interest this month' as a bonus. He advises us that this is the final word on the issue and he is no longer at liberty to discuss resolving the matter with us if we turn down their demand.

 

We advise that we're going to the OFT, and he more or less says 'go ahead... they'll find in our favour' which at the time we believe (naively) is preposterously arrogant and a chance worth taking.

 

So, anyway, after two years, round upon round of escalation and fact gathering, discussion and decision, followed by appeal and further escalation, we've finally had the Ombudsman's findings and been told not to come back again. They state, in writing, that my account is compelling, and that the notes held by RBS don't say that their agent DID make an arrangement with me, but they don't say that she didn't either, and that there is room for interpretation, but that the FOS are bound to accept the bank's account of what their 'normal practice' looks like.

 

I suppose the moral of the story is to get everything in writing and leave nothing to phone conversations. This is where the banks screw you... they conveniently disregard the notes on the system, or actively encourage their staff not to make anything specific in their notes unless it is in the bank's favour.

 

At the finale of the Ombudsman report, the FOS admonished RBS to deal with us fairly, generously, and sympathetically.

 

Within two days we had a letter, not from RBS but from their solicitors advising us that they were pursuing a court hearing for the execution of the charge on the house.

 

So we spoke to the FOS again, who confirmed that this action was not in the spirit of fair and sympathetic dealing, and would be speaking to RBS about it.

 

RBS responded by having their solicitors confirm that they had instructed the court to proceed with a court hearing to execute the charge on the house.

 

So we spoke to the FOS again, and again they stated that this was not how the bank were instructed to respond and that they would speak to RBS again.

 

RBS responded by writing to us to tell us they felt justified in instructing their solicitors and that we could wait for the court hearing date. They are now claiming £18.5k. You do the math... they were claiming £21k two years ago, I've paid more than £7.5k since then, and the debt has gone down £3k in two years, and there's still a year left to run on the original loan term. (That will mean that they've had more than £27.5k plus more than £7.5k since the FOS action was initiated (in excess of £35k) plus they still want another £18.5k which means that they're demanding, a year ahead of the full loan term, not only the full £47k that they signed me up to over the 10 year term, but also we estimate an extra £10k all said and done, and a year ahead of schedule). Oh... and they're still charging interest.

 

The FOS once again stated that it was 'unusual' for a period of due process to not be engaged to discuss solutions, and claimed to have instructed RBS to pursue such a course.

 

Then the court hearing papers arrived.

 

So my dad made another attempt to contact RBS, and by this time he's furious and indignant.

 

And just as I did once upon a time, he gets a sympathetic lady whose sole purpose at RBS is to help settle disputes. And she discusses, and she asks what we can pay, and he explains he is a pensioner and doesn't have much except his own home, bought and paid for and hard-earned, and he offers £12k. She jokes with him a while about how on earth pensioners can squeeze more money than that out of their coffers, and how even his former mortgage company won't even give him a mortgage or loan on the house to pay RBS off, because he's retired and sans income. And she very optimistically states that she'll send a report to her bosses and propose the £12k, and anticipating a resolution she cancels the court action and instructs the RBS solicitors to stand down.

 

Ten days pass, and my dad just got a letter to say that £12k isn't good enough, RBS want £18.5k and they've added another £140 or thereabouts for the interest accrued while all the discussion has been going on.

 

Have you ever come across a more mercenary, soulless bunch of rat-bastards?

 

And the FOS have basically said the same as they've said to others... they don't devise figures, the bank tell them what figures are reasonable and what they're prepared to accept, and then thats the final word.

 

The FOS are a token trophy of so-called consumer protection, but the reality is that they are the 'agency' which masquerades as the democratic response to banking, while in actual fact they just give the banks the right to do what they want, how they want.

 

Does anyone have any suggestions on what we do next?

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