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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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OH's Lewis debenhams card 2009 CCJ/CO - now robbersway chasing


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ok good

I would suggest that interest stopped 18/9/9

 

 

so set the claim to date to that.

 

 

next step.

 

 

you are entitled to 8% stat int on each CISHEET total till today.

 

 

so using 2 copies of the statint spready [one for charges one for PPI

 

 

enter the total from the cisheet into the stat int sheet

as a single figure at the date after the last date of their interest

so 19th sept

 

 

the sheet does the rest

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So just to confirm that i have understood correctly

 

  • fill out one CISHEET for all PPI charges incurred from when i opened the account to when it was assigned to Howard Cohen using 29.9% as the interest rate
  • fill out one CISHEET for all late payment charges incurred from when i opened the account to when it was assigned to Howard Cohen using 29.9% as the interest rate
  • fill out one StatIntSheet the 2 lines (total from each of the above) with the date of charge as 19/09/2009 (day after the assignment to Howard Cohen) using 8% as the interest rate.
  • I can claim back the total of the StatIntSheet?

 

c22

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two stat sheets one for each not merged

 

then yes the individual totals from the stat sheets are your claim totals.

  

for the PPI you'll need to fill out:

  

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

 the FOS CQ

 

 dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

i have completed the form but have a couple of queries.

 

the company was GE Money then on later statements that changed to Santander Cards, who do i claim from?

 

What is the process of reclaiming the PPI along with the charges and all the interest. do i luna it all together and write to GE Money or Santander Cards?

 

Thanks

 

c22

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2 sep claims

GE money often fob off reclaimers

 

 

try satans bank first.

 

 

so can we see the spreadsheets please?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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looks ok

 

 

you need to do 2 statint sheets

one for each not combined sadly.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 months later...

Hi dx

 

Still need to complete this claim and been manic since xmas.

 

Please can you just confirm,

 

 

do i go direct to Santander card services with these (separately)

 

 

if so are there a template letters to use,

or should i complete the FOS PPI Claim?

do i include the interest?

 

Then what do i do with the charges claim and its interest?

 

 

again is there a template?

 

Thanks in advance.

 

C22

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re read the thread first most of the answers are already here.

 

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

 

various file attached that will need adapting

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 years later...

Hi and apologies if this has been covered before. I have had a search and found something similar but didn't answer my query.

 

Many years ago I got into difficulty with a Debenhams store card debt which ended up in a CCJ being received for the debt in 2009. a number of years went by without being contacted about this and out of the blue earlier this year Robinson Way started chasing the debt.

 

As so much time had passed and the CCJ has dropped off my credit file I sent them a statue barred letter.

 

They have now replied explaining that due the the CCJ order registered on my account in October 2009 that the account is not statute barred and want me to send them my proposal to clear the debt.

 

Does anyone know how I stand legally with this and how I should respond?

 

Many thanks in advance.

 

C22

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A CCJ debt cannot become statute barred...

 

An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies. However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

Court permission is required to enforce a judgment debt that is more than 6 years old. Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.

 

DId they also apply for a Charging Order ?

 

Andy

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Excellent well dont respond....file.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • dx100uk changed the title to Lewis debenhams card CCJ/CO

did you and you wife both have debenhams cards then?

there another thread that says they did get a CO?

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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On hold from what ?  JUst ignore them file their letters ignore or block their calls.

 

 

And come back here when the court wtite to you to advise you that they have made an application to the court re enforcement purposes......until then ignore.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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13 minutes ago, dx100uk said:

did you and you wife both have debenhams cards then?

there another thread that says they did get a CO?

 

 

Hi dx 

 

you got me.. I totally forgot that i have sought advice here before on the same thing. (apologies Andy)

 

you are correct it was my wife (easier to say I) they did get a CO and i have been through the PPI claim which they threw out and the FCA agreed with them and also threw out.

 

i have since tried to reclaim on the commission rules but they have come back and offered £47 finial settlement as the amount they overcharged in commission.

 

I'm not sure why they threw out in the first place as my wife was only working part time and wouldn't have been able to claim on the policy anyway.

 

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ok merged that thread here..

 

now I will guess that the CO is only in her name on a jointly owned home

if so its a restriction k which is to all intent totally useless to them ever getting any money out of you

so they thought they'll shake the tree and see if she'll bite and start coughing up

as that's the only way they'd ever get any money out of her....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to OH's Lewis debenhams card 2009 CCJ/CO - now robbersway chasing
  • 2 months later...

Hi

 

Robinson Way are still chasing on this saying its not statute barred, but another issue has come to light since submitting a mortgage application.

 

CL Finance have a second charge on the property for this from ~2012, which the mortgage lender want removed before making an offer. CL Finance Limited (Company no. 01108021) was dissolved in October.

 

Does anyone have any advice on how i can have the charge removed and how we can stop Robinson Way chasing.

 

Many thanks

 

Dean

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On the same debt?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

You cant have 2 judgement s and 2 co's for the same debt.

as said earlier its a restriction k. Joint owned property.. sole debt.

Doesnt need paying in most cases to remortgage?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

I was in same situation - sold on debt Robinson Way chasing.  CCJ and Restriction type K still in original creditors name.

 

I had to get the restriction removed to remortgage.  There is no getting away from this.  Believe me i tried everything but all mortgage companies will insist on restriction being removed.  I used money from the remortgage to settle the debt - conveyancing solicitor sorted this out.

 

Remortgaging is really the only time a restriction will cause you an issue.  Its easier to get shot of if your selling and you have a solicitor who understands the process.

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But only if you remortgage with a new creditor and not the original mortgagee

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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