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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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Lowell/cohen claimform - old Santander Credit Card Debt ***Claim Discontinued***


i hate bailiffs
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I have just received a letter from Howard Cohen and co solicitors

 

Without prejudice as to save costs settlement offer

Including claim number

 

With reference to my defence please find enclosed

 

Signed credit agreement

Default notice

Statement of account

Certificate of name change

 

Original court claim was Feb 2015 I defended it with CPR request they failed to respond to my defence judge struck it out

 

Taken them two years to respond (2 days short of)

 

The last payment was November 2011 so over the 6 years

 

am I right in thinking that they can not restart the 2015 claim and would have to start a new claim from now but now statue barred

 

Thanks

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Thread moved to Financial Legal Issues in view of the court claim.

 

They would have to start fresh proceedings with the courts permission given its the same claim...but it will be statute barred now if they did.

 

The clock started to tick again when the claim was struck out

 

Andy

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

 

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Thanks Andy, that's what I wanted to hear

It's actually2 days short of 3 years

 

Will wait for them to follow their clients instructions and issue court papers

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Have a letter from Howard and co

 

As follows

 

We note your assertion that this claim is statute barred, however this is denied by the claimant.

 

A last payment was received on the account on 01 November 2011.

 

As such, this claim was issued on 17 February 2015 and is therefore not statue barred.

 

Further,please find enclosed a copy of the claim history from money claims online,to show that the claim remains live.

 

Therefore,please contact this office to discuss your proposals accordingly.

 

All I have is the claim history

 

You submitted a claim on ??/??/2015

Your claim was issued on ??/??/2015

Mr not going to pay filed acknowledgement of service on the ??/??/2015

 

I have contacted them and told them I will not accept any phone calls from them or any junk mail

Please send me a court claim as the one they refer to was struck

Out.

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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I personally wouldn't have bothered...dont get into letter tennis..ignore their nonsense

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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I personally wouldn't have bothered...dont get into letter tennis..ignore their nonsense

 

Yes you are right time to chill a little and ignore them

They got me on a bad day

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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don't bait the bears IHB!

next time either ask here first or sit on your hands!:lol:

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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don't bait the bears IHB!

next time either ask here first or sit on your hands!:lol:

 

Good to see you still here doing a great job I've not been around for a few years now.

They annoyed me a little don't think any harm done but should do things the cag way will ignore them and put more effort in being about a little more. Many thanks

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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  • 8 months later...

Had another letter from Howard and Cohen

 

Letting me know thatbthe claim has been discontinued and their client has now permantly closed my account and non further action is required on my part.

 

I won this one lol

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Good stuff ...thread title updated.

 

Regards

 

Andy

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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They could sell it on. Just keep hold of that letter ... just in case :) and congrats.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ta-da well done

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 letter did state If you wish to discuss any aspect of this matter please contact our clients collection agents Robinson way on ....who will be happy to discuss this with you.

 

So I rang them the guy on the phone did say congratulations you won this one the balance is zero.

 

I have got every letter received from them over the years.

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Cheeky.....

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

  • dx100uk changed the title to Lowell/cohen claimform - old Santander Credit Card Debt ***Claim Discontinued***
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