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    • 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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Silly mistake or not a concern? sainbury credit card and savings account


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I'm currently working my way through old accounts and such like and closing down where applicable those I don't use but have not yet been classed as dormant.

 

One of those accounts was a savings account with a well known retailer, almost 20 years I've had it, they periodically send me a statement, amount saved was under £40.

 

I also had a cc with the same company, it went tits up around the same time as most other ones and it ended up in default,

I wrote to them as I did all of my creditors, stated how it was and that I'd be making token payments and then came consumeractiongroup and I went from debtor with no hope to an alleged debtor that became empowered,

 

I dealt with my alleged debts and helped others around me do the same..the cc debt mentioned here simply faded,

I did for a time receive letters from dca's re the debt but I chose to ignore them as they ignored my plight in the first place.

 

In any case, the cc debt mentioned has been stat barred for some time, maybe 6 years of stat barred, I know the debt doesn't vanish, so it's out there somewhere.

 

My point (ok it took awhile)

when I was closing the aforementioned savings account down they asked me if I wanted the money paid into an account they had on file for me, the account is still live so I agreed for them to do this. (all by phone)....

 

However after the call I was putting paperwork to bed and came across a letter from the original creditor (well known supermarket) where they said at the point of default that they would collect any money they could from any other accounts I may have with them (my savings account possibly?) they never did, but I chose to leave the account alone just in case they went calling on it (for the small amount in it I shouldnt have bothered)

 

So, had this been picked up on when I called them to close the savings account down,

could they have diverted the amount saved and paid it towards the now long gone account stat barre CC account?

and if they had done that would this then have reset the stat barred account?

and all because of me not thinking?

 

I should say that they did close/pay the money into the other not related account so the transaction is done and dusted....BUT...could it have gone so terribly wrong for me if they'd paid it off the original CC?

 

as far as I'm aware they never assigned the debt to any collection agency,

I did have some bottom feeding dca's trying to collect but they were simply ignored.

I reside in Dawlish Warren but am not a rabbit.

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wish you'd name names!!

 

I will guess this is RBS

and the card was/is a Tesco credit card

which at the time was financed by RBS.

 

so yes they can offset.

 

statute barring in E&W simply means that enforcement of any court judgement cannot be done.

so owners of your debts don't bother.

 

however the debt still exists , and if still owned by the OC, then they can offset.

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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… and to make it clear, the statute bar does not reset itself.

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Thanks for the further clarification re the stat barred, I wasn't sure.

 

Now thats cleared up, the credit card was with Sainsburys Bank, the Savings account was with Sainbsurys.

 

The DCA that attempted to collect was Robinson Way.

I reside in Dawlish Warren but am not a rabbit.

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so as post 2 RBS I guessed right

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 as post 2 RBS I guessed right

 

You can have 1 point for rbs (assumuing it's them that underwrote Sainsburys Credit Card but 0 for Tesco.....

 

Still 1 point from 2 isn't bad, 'every little helps' right? :-)

I reside in Dawlish Warren but am not a rabbit.

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doh what made me put Tesco...:???:

meant to be Sainsbury's

they were financed by RBS before they had their own bank later when the rules were relaxed.

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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