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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Aktiv Kapital/J&P Claimform - old MBNA 'debt'***Claim Discontinued***


jellycubes
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Ive had a breakdown, not the first but the stress of debt has destroyed me.

 

I got my payday loan mess sorted, helped others on here

and buried my head in the sand on my big debts.

 

Here s the low down

 

I had 37k of debt. Started DMP with payplan 300 per month in 2008

 

I have a house with 70k of equity but single mum, disabled and iva a no go due to equity.

 

I dont even remember taking these debts out, for instance MBNA card just came through letter box in 2004 !

 

Debt is 8k MBNA

now credito expertio ive got a default.

 

Can anyone help me

 

No PPI on any credit cards and up until i went to payplan id kept repayments upto date.

 

Does this mean im caught between the devil and the deep blue sea ?

 

Some more info on my first post.

 

When i first went to payplan MBNA sent me an offer of 3300 settlement as ff

 

but i didnt have the money for the milkman let alone them.

 

Do i risk asking credit expertio MBNA debt for cca to start off with ?

 

What happens with Payplan.

 

The first account manager i had with payplan advised me to sell my house, go in rented and hide my money and go on an iva.........

..... didnt do this,

 

have never had nothing in my life till i got my house.

 

one of my 3 largest debts are mbna,

 

. If they have no cca should i stop paying the crippling 300 per month to payplan ? ..

 

.. would creditors make me bankrupt.

 

Mbna are with DCA as explained.

 

mbna card transfered to credito experto 2 months ago after mbna decided to default me

 

2239 paid now 7770 remaining

 

MBNA offered me full and final a couple of years ago for 3300

 

Just to add, ive never looked at charges... i bet theres a few... guess my mental health has preferred to let them get on with it but realise that this is a large part of my problem..the fears

 

i know for sure that there is probably no cca for mbna but then what difference would it make ?

 

would it help me ?

 

The account is in my name only.

 

He never lived with me.

He dismantled me bit by bit.

I told him about the horrific abuse id suffered as a child and the abuse in the childrens homes

( i suffered in the pin down era and was sexually abused by a social workers husband.

 

I tell you this so to give some understanding to how already vulnerable deep down i was an open target for this.

 

Everything is in my name.

 

Ive already paid over 10 grand of these debts back.

 

Im sorry if ive said to much here but in all honesty the above is only a tiny amount of what ive been through.

 

My guess is that because everythings in my name ive got no proof its wasnt me.

 

Very clever man.

 

I know im a damaged lady but dear god id never ever harm another.

 

MBNA credit card taken out in 2004 - dont remeber applying and think it just arrived through the letter box.

 

£10,000 paid 3k back around 7k left.

 

MBNA passed to credito expertio in 2010.

 

When i first had repayment problems mbna sent me an offer to settle for 3600 but i didnt have thrupence to my name at the time.

 

They get 98 pounds per month via dmp from my 300 dmp monthly payment. 7 years to go :sad:

 

Any advice or tips would be very welcomed. Jellyhead x

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  • 9 months later...
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. Im ready to start challenging the debts I have as after years of mental health,

still suffering and an abusive relationship behind me alot of the debts i have no recollection of applying for !!!

 

!. MBNA credit card came through the door with 10k limit,

 

they offered full and finale of 3300 just 2 weeks after entering dmp

 

and now with credit expertio who again have sent me no statements.

 

Im ready to find out who s who and whats real.

 

 

Look forward to some advise x Jellycubes

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  • 3 weeks later...

no it dont....

 

i would sincerely investigate why you are still paying any debt not on your cra file.

 

as for apex having your old 10k od that is no longer reducing

again your need to question why its not reducing.

 

pers i'd list all the debts in the dmp

 

a check each one carefully

 

if i were in this situation, i'd stop the dmp and await those that want paying to write.

 

then deal with that on a debt by debt basis as to if you owe and who you owe hold the necessary paperwork.

 

its a bit amiss to let a dmp carry on for so many years without questions

however its obv you were not able to deal until now.

 

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 weeks later...

I took onboard your advice

 

Also Expertio de credito have been assigned my MBNA debt yet all the payments I send them have not come off credit report, around £1800 worth of payments.

MBNA had no cca.

 

Lots of questions I know but hoping for those how give time for all can help me out too.

 

Just to add ive 7 defaults on file eeeek.

 

MBNA in 2010 when the sold to credito exertio.

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i think quite honestly you need to force peoples hands

 

contact payplan and tell them you wish to abandon the plan nnow

 

then stop all paymenrts

 

lets see who shouts the loudest

they'll be the ones that DONT need paying!!

 

have you ever had any discount letters??

 

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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i think you'd be betrer to start a thread in the legal forum about te nationwide CCJ/CO

 

forget the MBNA debt for now too

 

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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Share on other sites

MBNA

 

forget the debt for now

its had a discount offered

and no cca.

 

just remember NO DCA has aNY legal powers to do anything!!

 

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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I never realised that a DCA has no legal powers,

wow all this time ive been frightened of what they could do !!!

 

So a DCA can not take me to court ? get a charging order.

 

The deafaults have 3 years to go before they drop off.

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NEVER EVER ring a DCA

 

they will threaten all sorts that they will NEVER put in writing.

 

your CAT has more powers than a DCA

 

they are NOT bailiffs and NEVER take people to court

 

welll i say never, they do but only if they OWN the debt

 

annd you must ask the question...

 

why did the OC never do that??????

 

caan i suggest you do some reading in the general debt forum

 

or use our search top right

 

just type in the name of a DCA

 

or the OC of the alleged cebt and get reading

 

time to wise up!

 

glad to help

 

sadly i smelt you'd been cash cowed was trying to break you in easy !!

 

it can come as quite a shock that these companies exist to SOLEY fleece people of money they do mot even owe!!

 

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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:-DThanks DX, i had to laugh about my cat having more powers, lifted my spirits that !

 

Expertio own the debt for mbna it states this on my credit report so will tread carefully with them ! Time to get reading, time to get my crap together..... Time to fight back.

 

Your right none of the original creditors ever took me to court, just passed to DCA withing months. Some original creditors I pay direct, these i will continue. I must look at reclaming too.

 

Slowly slowly catch a monkey, must be careful of stress and mental health so going to take a debt at a time....grrrrrrr a cash cow im sure.

 

I will post up again when i have some news but time to get reading first.

 

Thank you DX, you ve given me the kick up the butt i needed to sort this out

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i certain would not be paying ANYONE that does not appear on your CRA file

without a very careful investigation as to why its not showing.

 

and those that do not have a cca return either.

 

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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your cra file will tell you who owns your debts.

 

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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  • 2 weeks later...

HI I'm a bit confused on this. If it doesn't show on a CRA File then it's been taken off paid/unpaid after six years. What if you have made one or two payments on the debt tho' does it still make it active and should it still be on file. Thanks

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payments SHOULD be shown on your CRA

however, if a debt was defaulted more than 6yrs ago.

regardless of if you are paying or not

the debt will vanish.

 

All references to a defaulted debt must be removed from your credit files after 6 years has passed from date of default,

whether paid off or not.

This is so that someone who continues paying something even after 6 years from default should not be at a disadvantage

to someone who pays nothing after default and ends up with a clean file after 6 years.

 

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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Share on other sites

I know that MBNA have no CCA

 

Most of the debts came about from an abusive man financially screwing me over for money !

Ive no recollection of how or why LLoyds overdraft got to 10k or how they approved it but alledgedly 8 applications of £500 increases were made in 2 weeks online...

...ive no proof now as I was so ill at the time but i dont think it was me, but have to pay the consequences.

 

I read recently about men who financially abuse women and women who financially abuse men.

 

Its not till some time after, years in my case that I realise just how much the cost of this mans abuse has to live with me long after he moved on to the next victim

 

I wish wish wish there was someone you could go to to help with mail, sending letters but then im hoping for a saviour thats never coming lol.

 

Seriously though I look at this site everyday and admire those who ve taken the strength to come out of situations as dreadful and worse than mine.

 

Ive 23k to go at 200 a month to payplan.... like a noose round my neck but ive got t dwon from 36k

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  • 2 weeks later...

[

MBNA always the OC.

 

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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so how did your partner get the money...took your cards?

 

IMHO is fraud, you need to get the police involved

 

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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He used to get money out of the bank for me.

I was mentally unwell,

dismantled to the point that created a need for him to love me.

 

It will be hard for others to understand that but i guess others that have been emotionally abused will know how that happens.

 

I gave him all my cards, pin numbers, details i was a fool.

 

He lived the high life at my expense.

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JC

 

you really need to address this by the means already mentioned - it is FRAUD - end off.

you are not responsible for the debts.

 

now, you mention something else that i know things about that i cannot ever reveal - pindown.

 

however there are some VERY good support groups that operate specifically relating to you people.

 

i am not up on social networking sites

 

but there must be help availiable.

 

dx

 

that is fraud

 

get the police involved

 

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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The pindown used in the childrens homes was worse than the beatings from my parents.

 

When i left the childrens homes i went to a mental hospital for 18 months.

I was a broken girl.

 

I was contacted some years ago by a man who was there when i was and he went to court with others and the case was proved.

 

The police were involved and there was a number i could call but I couldnt face it.

 

How do i prove an abusive man gambled my money.

 

Account in my name, cards in my name, no evidence it wasnt me.

I will look for a number re that pindown.

I have a police officer as a friend and will ask him what the prospects are evidence wise.

 

,

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VERY good idea IMHO i dont think you will need to prove 'who' used the money.

 

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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