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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • 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.
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2 Cap1 cards, one defaulted the other with late markers.


Elliot2011
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I'm seeking some advice on how to manage my current debts.

My credit score hasn't been brilliant since making some silly decisions when younger, but I had been making large steps in improving my score and almost cleared the majority of my debts.

 

Unfortunately over the past 6 months my partner has suffered with mental health issues (some of which manifest in a physical way and require her at times to have 24 hour care).

 

Her illnesses cause her to be off work from two weeks up to over a month depending on the severity of the episodes.

 

During these times I've either had to be off work so we have had no income at all for significant periods, or I've had to have family members help and use a much loathed credit card to cover basic bills.

 

The good news is I'm up to date on my rent and council tax.

Electric and gas bills are also up to date, and an affordable plan in place to cover my water bills.

 

I am however concerned about my credit card debit

, it's got to the point where I almost reach a time I can afford to clear the debt almost totally and then my partner gets ill again and I suddenly have no disposable income.

 

I think the credit company have become frustrated (understandably) with lack of payment.

I have tried to explain the situation to them but they don't seem to really read my letters and keep asking for proof that I myself has been ill, which isn't the case.

 

I want to get the debt under control and clear it as soon as possible and I am just looking for advice on how to handle it. Currently showing one in late payment and one about to default.

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I think the starting point is probably to start listing out your debts here.

 

It was the creditor, when was the debt taken out, how much is outstanding, when were last payments made – et cetera

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Without knowing more about all of the debts you have, it is difficult to advise. I guess what you are trying to avoid is defaulting on credit cards, as that might mean increased interest rates making it more difficult, credit record black mark and possible CCJ at some stage. Also the credit cards are your current safety net and if you lose these, then you would be in more difficulty.

 

Your main issue is your partners health and it affecting household income. I wonder whether you qualified for any government help during these period e.g tax credits, carers allowance, universal credit. Did you investigate ?

We could do with some help from you.

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Well done for dealing with your priority debts, rent, ctax, utility bills (less clean water).

 

These are, as you have correctly established, your PRIORITY, and MUST be paid, otherwise things will go from bad to worse.

 

Have you checked your credit file?

 

When did you take this credit card out and WHO is it with?

 

CC's are a NON-priority debt, have you informed them, in writing, that your circumstances have changed?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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If you've got defaults paying off the debts in bulk won't help

Hope you are not paying any powerless dca's

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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A free debt advice group, like Step Wise or CAB may better advise you.

You may need to compile a monthly statement of savings, income & expenditure.

CCs may not be a priority debt but can be used to defer payments if paid off in full by the Statement date, otherwise they are an expensive form of credit.

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Thanks for the replies.

 

Yes I check my credit score weekly using the free Experian service and ClearScore as I have been really trying to improve my financial standing and wanting to correct past mistakes.

 

Both credit cards are with Capitol One.

 

 

One I've managed to keep up the minimum payments on most months but it does show late payments, the other is now defaulting.

 

 

I have tried to explain my change in circumstances to them but it seems as though they don't fully read my letters and keep asking for proof of my own Ill health,

which isn't an issue,

it's the situation created by my partners ill health that's causing financial hardship.

 

I'm not paying any DCA's.

 

Currently unsure what help government wise is available.

 

 

My partner was forced to apply for PIP after being awarded DLA for life, and as many people with mental illness are finding she was denied and is currently appealing.

 

I will try one of the free advice agencies too thank you.

 

 

I thought I'd ask here as the advice received previously when I was dealing with an unruly council was excellent.

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ill pop in later

 

 

bit busy today.

 

 

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

well in all reality you are going to default on both

so 6yrs bad credit rating sadly whatever you do

 

 

you are quite correct in not sending medical info.

it wont make any diff and its none of their business anyway.

only a judge can demand such info.

 

 

how old are the cards please

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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