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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 xx/xx/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 xx/xx/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, xx/xx/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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Help and advice with Debt, Don't Know what to do


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I'm not sure this is the right place but here goes

 

I suffer from Borderline Personality Disorder, which means I am often very depressed, anxious, scared, etc. I am on medication and generally have the illness to a level that I can cope.

 

However I have got myself in debt with

Vanquis,

Capital One,

Littlewoods and

Very.

 

I was making regular payments up to about 6 months ago but then my Mum passed away and my world fell apart.

 

I am on esa and was managing with the help of my partner to maintain my payments. Now I am getting nothing but phonecalls and letters.

 

This morning I received my second letter from Moorcroft for the Vanquis debt (£1287.14) asking for me to talk to them and payment or further action will be taken.

 

I owe Littlewoods £925.73, I have only missed 3 payments on that debt so far but will miss more.

 

I owe Very £2513 including arrears of £409.

 

As for the two credit cards with Capital I owe approx £600 on each card.

 

On top of this I have accounts with JD Williams which I'm not in arrears with but will soon not be able to make the regular monthly payments.

 

I just want advice as to what to do,

should I write to them all all and make an offer of a payment each month an hope they accept it.

 

I don't have much money left over each month from my esa benefits so payment would have to be a small amount.

 

Would I be better looking at a debt relief order?

 

I just don't know which way to turn and it is affecting my mental health.

It's hard enough dealing with the grief of losing my Mum just under a year ago on top of losing my Dad nearly 3 years ago. I just don't know what to do.

 

I know this is my own fault, after losing Mum i went silly with money, anything to numb the pain I was and still am feeling.

 

I just want some advice and guidance.

 

Thank you for reading my rant and I appreciate any help you may advise me on.

Edited by dx100uk
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Write to all of you creditors

Ignore the powerless DCA's they are not bailiffs!!

Stay off the phone too. Writing only put the phone down !!

 

There is a pro-rata letter in the debt collection section of our library

 

Dont go down any dro/iva/bk route for consumer debt

 

Chin up

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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Thank you for your advice, I will look in the library section and write the relevant letters. Thank you for giving me a little bit of sanity back.

I don't cope well with these sort of situations and though some might think my situation is trivial compared to others for me and the way my brain works I start panicking and these then leads to anxiety attacks etc. Thank you for giving me a starting position.

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