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    • 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!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Wrong Account Paid


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I've inadvertently paid £5,000 to an account from my online bank account.

 

I was rather stressed and assumed the payment details I'd already set up were correct. However when the payment didn't show up on my credit card statement I then double checked and realised the wrong account had been used.

 

The tricky thing is that the account I paid into belonged to my daughter. I'm not sure if the account is still valid as she has now had some sort of debt repayment order which may or may not have included this card.

 

I'm abroad on holiday and won't be back until next week and although I have my phone with me I can't get a signal to make calls.

 

What is the best thing to do? Contact my bank to see if they can reverse it or contact the credit card company? Both accounts are MBNA which is how the mix up happened.

 

I'm not sure if there was any outstanding debt on my daughter's account but, if so, can they keep it to pay off any debt owed even though she has this order arranged.

 

I'm vague about what the arrangement she has although it was done through a third party debt help company which lumped all her debt together and she now pays a monthly sum to them. I don't want to get my daughter involved if possible because she's not very reliable.

 

If I lose this money I will not be able to pay my debt as I have very limited income.

 

Any advice would be great before I try and sort this out. Please ask if you need any further clarification.

 

Many thanks in advance.

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One problem here is that the receiving bank is your daughters bank and not use so they will refuse to deal with you.

 

You should certainly contact your bank immediately. You should do it on the phone if you can and make sure you record the call but also follow-up in writing.

 

Your daughter should contact her bank and explain the error. Once again she should do this on the phone immediately but also in writing. I would suggest that she basically sends a letter of appropriation. This is normally used to protect certain priority payments but I don't see why it shouldn't be used to protect money which has been paid in error.

 

A letter appropriation would be headed "Letter of Appropriation" and then go on to say that this is to inform the bank that X number of pounds paid into her account on X date was paid in by her mother in error and that the funds do not belong to her and they must be returned and not applied to any debts or payments.

 

You need to do all this now. I'm sorry that you are on holiday frankly if you have made this mistake then if you delay then it will cause you problems.

 

When you get back from holiday come back here and we'll see if we can help you further if the bank turns out to be uncooperative – which it probably will.

 

I think the letter of appropriation is extremely important because that will make things clear beyond doubt. If they then go on to ignore that then I think you have a basis for an effective complaint.

 

Although you are abroad, you need to get these letters off to the two banks by guaranteed next day delivery – even though that will cost you quite a lot of money

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You are right. I am trying to sort it out.

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