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    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
    • 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.    
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IDEM Claimform - HSBC Loan or was it?***Claim Discontinued***


Tbirdo
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Hello there, this is an update of my original debt management thread.

 

HSBC loan taken out pre 2007

Defaulted 2009 (credit file clear)

 

02/2018 CCA request sent to Idem

Idem acknowledge copy of agreement is no longer available and are aware that they are unable to enforce litigation action on this account.

 

07/2018

Idem have replied with a new letter.

We have now complied with your CCA request and enclose a copy of the executed agreement.

Just a print out of terms and conditions (O.D. Terms and conditions) not the loan.

 

08/2018

They have now sent me a PAP letter aswell

 

 

I will be filling out the PAP from the link I got from Andy.

 

Any thoughts and advice is appreciated

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If you could scan redact and upload what they have sent you.

 

Andy

We could do with some help from you.

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Hiya Andy

 

They have just sent me a print out of

1. Current account terms and conditions (3 pages)

2. Current account and savings account terms and conditions

3. A list of transactions of the payments I was making

 

There is nothing else , if you still want the scan and upload I will do that

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So nothing in connection to the loan...which I assume the PAP is directed to ?

We could do with some help from you.

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Yes nothing in connection with the loan at all. Interestingly I have noticed that they are using the same O.D account number on my credit card account thread aswell.

 

Looks like they have no paperwork and are suggesting that this is an O.D. Account

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Do you have or had an overdraft with this number ?

 

Perhaps the PAP is with regards to your overdraft...assuming you have/had one ?

We could do with some help from you.

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Yes Andy I did have an O.D account with that number and it had a £1500 limit on it, now this loan account with the amount they are claiming that is still owed is £9000.

 

While I was on my debt management plan with debt movers that were paying my accounts (HSBC) with the following amounts

 

HSBC O.D. £6

HSBC C.C. £35

HSBC LOAN £95

 

So each account was getting a payment. Idem however have somehow merged the O.D with either the C.C or loan they can’t make they minds up

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Hi,

Maybe one of the more experienced members might know more details, but as I remember....

HSBC / First Direct for a period of time from 2007 onwards, combined loans and CC's into Current accounts so that it appeared the current account was £1000's overdrawn instead of having a current account & loan/cc account separate.

There was much discussion on here about the errors of doing so as it removed some of the consumer rights under CCA 1975.

I'm my experience they bundled a £8000 CC into a £300 o/d current account. At the time I challenged them, they told me to clear off!

I think I remember some contributors saying this could cause issues if taken to court?

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Okay so on your PAP inform them you have never had an overdraft with a £9K limit and if they intend to proceed with this they will be expected to disclose all relevant documentation and statements referring to current account number xxxxxxx sort number xxxxx.

 

Ask them to provide a copy of the facility agreement... credit limit.....etc pursuant to sec 61 B of the CCA1974.

 

https://www.legislation.gov.uk/ukpga/1974/39/section/61B

We could do with some help from you.

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Thanks for reply me too.

These accounts were not merged when HSBC had them, when the first DCA had these accounts I was still paying 3 accounts

 

DCA Metropolitan paying 3 Accounts

DCA Brittannica. Paying 3 accounts

DCA Moorgate/idem paying 2 accounts

 

Looks like they have merged the O.D and loan account together .

 

Going through some idem paperwork and found a letter where they write this account is in relation to an O.D facility and a personal loan both with HSBC account numbers

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Well they should litigate on them separately ...its okay to amalgamate but it must be plead separate with each account/agreement number relied upon.

 

Any claim they propose to instigate will become very messy if they wish to rely on the current account reference for the full amount.

We could do with some help from you.

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Thanks Andy

I will fill out PAP and write up a letter as you have advised. Can I post it up for you to look at ?

 

Sure...a bit of reverse psychology goes a long way by informing them you know what they have done and that it will be challenged . :wink:

We could do with some help from you.

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Hello there. This is a draft of the letter I intend to send to idem

 

Dear idem

 

In reply to your letter dated xxxxx I would like for you to clarify which account you are pursuing me for. The account you have listed in your letter is an overdraft account.

I have never had an account with an overdraft limit of £9000 which you are claiming. If you do intend to proceed with further action you are reminded that you are expected to disclose all relevant documentation and statements referring to account xxxxxx sort code xxxxxx.

 

I also require you to provide me with the following :

 

1. copy of the facility agreement

2. credit limit.

 

pursuant to sec 61 B of the CCA1974.

 

1. Where an authorised business overdraft agreement or an authorised non-business overdraft agreement has been made, a document containing the terms of the agreement must be given to the debtor.

 

2. The creditor must provide the document referred to in subsection (1) to the debtor before or at the time the agreement is made unless—

 

(a) the creditor has provided the debtor

with the information referred to in regulation 10(3) of the Consumer Credit (Disclosure of Information) Regulations 2010, in which case it may be provided after the agreement is made,

 

(b) the creditor has provided the debtor with the information referred to in regulation 10(3)©, (e), (f), (h) and (k) of those Regulations, in which case it must be provided immediately after the agreement is made, or

 

© the agreement is an agreement of a description referred to in regulation 10(4)

(b) of those Regulations, in which case it must be provided immediately after the agreement is made.

 

3. If the requirements of this section are not observed, the agreement is enforceable against the debtor on an order of the court only (and for these purposes a retaking of goods or land to which the agreement relates is an enforcement of the agreement).

 

 

I look forward to your reply

 

Yours sincerely

 

Tbirdo

 

 

 

 

 

Any thoughts and advice appreciated

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Yes...staple it to the front :wink:

We could do with some help from you.

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  • 3 months later...

Just a quick update.

I have received a letter from idem

 

“Your account has been transferred to our litigation department in connection with the outstanding balance. Unless proposals to clear your account balance are received in the next 7 days, we will issue proceedings without further recourse to you.”

 

I have received nothing from idem since I sent off the PAP letter.

 

I just wanted to ask is this normal procedures ?

 

Reading through other threads I guess this is what happens .

 

Any advice is always appreciated

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Lets wait for the court claim then :wink:

We could do with some help from you.

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  • 3 weeks later...

The court claim has arrived along with a default notice which looks like the original HSBC issued me with in 2009.

 

 

Name of the Claimant ?

IdemCapital Securities

 

Date of issue

19/11/2018

 

 

 

Particulars of Claim

 

1) An agreement between HSBC and defendant/s (D) to standard terms and conditions

 

2) Claimant © purchased the debt 06/10/2016

 

3)It was a term of the agreement that if any instalment was not paid on due date, C would be entitled to repayment of outstanding balance of total amount payable, less (on payment)any rebate to which D might be entitled.

 

4) D failed to pay instalments due, C issued a Default Notice requesting payment D failed to pay the sums due, which consequently became immediately due and payable, Formal Demand issued dated 05/11/2018

 

5) D has failed to pay the outstanding balance 0f £9000

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

No

 

What is the total value of the claim?

£8500 + £500 court and legal fees

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?

Loan

 

When did you enter into the original agreement before or after April 2007 ?

Before 2007

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?

No

 

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.

Debt purchaser Idem Capital Securities

Were you aware the account had been assigned – did you receive a Notice of Assignment?

I don't remember receiving this information

Did you receive a Default Notice from the original creditor?

Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

Yes

 

Why did you cease payments?

Financial difficulties due to hours cut at work

What was the date of your last payment?

08/2017

 

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?

yes I did communicate with HSBC who were unable to accept lower payments, therefore I entered into on a debt management agreement with a debt management company

 

 

 

 

 

Will I need to send a CPR31.14 request to the solicitors ? (Looks like Idems in house solicitors , same address)

 

Am I right in logging on to the MCOL website as well ? followed one of dx links

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

 

Thanks for all the help

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Yes to all the above and a further CCA section 77 request......

 

Their particulars are vague as with regards to the overdraft or loan or in fact whatever they are claiming for.

 

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

 

 

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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