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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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Car Hire cancelled by Hire company less than 24hrs before rental


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Hi,

 

Having aggravation with a second hand car purchase (in another thread). Feeling a bit of financial pressure. Need to get to Stansted Airport so I thought I'd give a One-way for a £1 rental a go. No luck here either it seems.

 

Booked and paid for a £1 one-way rental from Europcar. Online booking was a bit slow but seemed to go ok. Got a confirmation back and all looked fine. 48hrs before I'm due to pick up I get 2 emails saying don't forget to prepare for your rental and please remember your driving licence etc.

 

3p.m. today, (19hrs before) scheduled pick-up I get a call from an unknown number to my mobile. It's from the pick-up location for the car and the woman says, 'we don't have a car for you tomorrow, so we're cancelling your booking".

 

I explain that with less than 24hrs notice I'm not impressed and can she please give me a written explanation as to why this is? She refuses and says, "I've told you twice we don't have a car for you".

 

So, I call Customer Services which wastes more time. They say 'It's nothing to do with them and you need to speak with "reservations".

Another call and more waste, and yep you guessed it, they say, 'nothing to do with us, you need to speak to the branch.' They do say that the branch should be sorting it out and organising another vehicle, but I'm not sure the call agent has got a full understanding of the problem.

 

So out of interest, I go back to the online reservation and find that there's a vehicle available under the same scheme, with the same destination drop off, for the same dates, but from another not too distant branch. Call Customer Services - No use at all. Can't do anything about it. Verbal acknowledgement that it's not good Customer Service, but they can't do anything.

 

So, I book the vehicle from the alternate location via the web site even though it will be more time consuming for me.

 

Then I go back to the reservation system and there it now shows a vehicle available from the original location for return to Stansted. Just like the one that was cancelled a couple of hours earlier. (I have copied all of this information)

 

Oh. In case anyone else is trying to use this system. It comes up with a "How can we Help You - Web Chat/we'll phone you back" dialog. - This goes to Barcelona and a very nice call agent who is absolutely no use as they can't do anything with these bookings.

 

Question then please:

 

The rental agreement - I believe it's only binding after you have signed at pick-up? , but does a contract exits before this and are they in breach of contract? Certainly their T&C says a whole lot about what the bailee can and can't and how if you don't show for your rental they can charge you £85. Which rather suggests they would like to impose a 'fine' for a customer breaching a contract or have I got that all wrong?

 

Have help greatly appreciated.

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if the contract is so one sided that they have all of the cards then it isnt an enforceabel contract. That however, doesnt help you get to Stansted

 

all you can do is to get there by other means and then bill them for the cost less the charge they would have made.

 

It appears to me as though there isnt a good enough reason for them to cancel without considering what was already agreed even if their terms say they can.

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Hi

 

If yours was a prepaid booking this might be interesting

 

Now there Terms & Condition are interesting you need to go to this link and Download the Current UK T&Cs:

https://www.europcar.co.uk/terms-and-conditions/specific-terms-per-country?countrySelector=termsandconditionsblocknewele-44

 

Now they cancelled your booking with less than 19hrs but interestingly in that PDF T&Cs (go specifically to page 47 of the pdf) look at 'Cancellation Charge' .

 

Cancellation Charge

 

This charge will be made if you tell us you wish to cancel your prepaid booking but you give us less than 48 hours notice

 

£45

 

I would challenge them on that part of there own T&Cs if your booking was prepaid.

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Yes.

This was a prepaid booking.

It's probably computer generated, but cheekily they sent me an email to say, thank you for YOUR cancellation...

 

I think the whole thing is shoddy from start to finish.

It is my belief, but I'm not sure, hence my wanting to check here.

That a contract did exist and was cancelled/terminated/breached by them?

 

Thanks

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Hi HB

 

My main problem is listed here: https://www.consumeractiongroup.co.uk/forum/showthread.php?488610-Problem-Vehicle-(Brakes-Instrument-etc)-from-Botley-Car-Centre-Ltd-Southampton&p=5135547#post5135547

 

Because of not having a vehicle and a lot of impending costs. I hoped to take advantage of Europcar's offer. Unfortunately all I got was stress, a waste of my time and a phone bill.

 

I resorted to a Taxi in the end due to the short notice. So, I want to know if this Internet booking with a confirmation email constitutes a contract and if I can reasonably claim compensation for their incompetence which has caused me consequential loss?

 

I have also just seen something on the Hampshire trading standards website that says vehicle rental is not a contract that can be cancelled under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. See: https://www.hants.gov.uk/business/tradingstandards/consumeradvice/goodsandservices/distanceordering

(Halfway down under: Contracts you can't cancel.)

 

So, can anyone inform us if vehicle rental is outside of this legislation (and if so, what is it covered by)?

 

One might say, but the value of the contract was just £1, however, there is also a point of principle, in that another's incompetence and failure to deliver has resulted in inconvenience and loss. For which I believe a remedy should be available. Or am I completely wrong?

 

Thanks in advance

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