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Lubylu.

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Everything posted by Lubylu.

  1. Further to my comments above, I received a letter from Cabot on 24th March, offering an alternative solution: What you owe: £9631.51 What you could pay: £2889.45 Amount saved: £6742.06 saying I’d be reducing the time of repayment from years to a matter of months, and I could use this offer to clear my account in one instalment, or discuss a flexible repayment plan around the discount; all subject to agreeing appropriate terms of repayment. They’ll take into account my financial situation, arrange a repayment plan that’s affordable and fair, while making sure I can meet other commitments, and pay all monthly priority bills. *Personally I think they’ll not be interested when they realise my income wouldn’t amount to more than £10 per month being offered, and I can’t make a one off payment… - or do you think it’s still worth a try? imp, the other debt (MBNA) is currently 'stayed' at Northants CC, gathering interest until PRA decide to move it on
  2. Received an email from a friend of mine, as follows:- “Well....what do you think about this...in the post was a letter from Scottish Power. They inform me I have an outstanding credit with them (£13.83) which they have now paid into my bank.....I closed my Scottish Power account in October 2013 !! ....”
  3. Dx, my main priory at the time back in 2009 and throughout the years was to try to show my commitment to pay off my debt… however, my salary throughout those years was never enough to raise the bar Too scared to stop the nominal amount at the time, and on reflection if I had could be SB by now… but never mind that, because that was then… and this is now…x
  4. This past week hasn’t been easy to get through… Filed my defence via MCOL on 24th January 2017, and accepted on the same day. 28 days = Tuesday 21st Feb I called the court on Thursday 23rd to find out the status of the claim - they said I had to wait 28 days + 5 for service, so that would take us up to 26th Feb - a Sunday, which meant PRA had until 4pm today (27th Feb) to take this forward. Anyway, I called the court at 4.45 today to find out if this case was proceeding? – only to be told the claim will be automatically stayed overnight if they had not heard from them. So, I’m a bit frustrated at this if I’m honest… I would have preferred to have taken my chances at court; lottery Judge, with the *Notice of Default as my argument (see below) If this ‘ automatic stay’ happens, I’m now in the position PRA can reignite the claim at their whim, and there’s no time limit ! … and I’m not much liking that scenario it’s true PRA would have to pay an extra £100 to seek an application to lift the ‘stay’ and argue the merit to the court Judge (high % it goes through), and then they have to pay the hearing fee… are PRA hoping for a change in the law in the meantime? So I’ve made the decision to stop paying them the nominal payment, hoping that might result in them lifting the stay and us going to court to resolve this for once and for all, because win or lose at the end of the day, I’d have closure. And, if anyone has an idea of how I could prod PRA in commencing with their claim other than my withholding the monthly payments… bring it on; legal argument to strike out?.. and believe me I’d do it, let’s test the waters ! *Notice of Default – possibly invalid Not wishing to sound too desperate, I found from the comms log in the SAR, an entry: 09.10.2009 -time: 18.43.23 - NOD sent 09/10/09 EXPIRES 26/10/09. I believe the notice is one day short So the entry was made on a Friday, at a time the NOD letter would not have made the post until the following Monday at the earliest - the 12 Oct 2009 - and I have the A4 envelope it came in, with exactly that date on it. The envelope I’ve had all these years housing the letters from MBNA, has a franked postage stamp on it as follows: “0113448 “ – “London 12.10.09 RC4” - “PB524779” – postage paid 0072 (2nd class?) and a barcode on the envelope, and may highlight extra days that invalidate it. And MBNA sold the debt on 17 Oct 2009 before the rectify date of 26 Oct 2009
  5. Thank you BankFodder for your email; my reply as follows: It’s true I’ve read many threads on this site, and learned so much from the responses by Andyorch, dx100uk, the site team, and the many others who contributed… I wouldn’t normally highlight I’ve made a donation… but having just read a thread made by ‘connect4’ http://www.consumeractiongroup.co.uk/forum/showthread.php?417803-Lowell-BW-claim-form-old-Lloyds-Tsb-current-account***Claim-Dismissed*** – it had me sitting on the edge of my sofa, tearing my hair out just reading it… that thread alone deserves some recognition.... patience in the extreme… and deservedly gets my donation regardless of the outcome of my own situation. furthermore, it has to be said, without this fantastic website I would definitely be a whole lot worse off without the outstanding support I’ve been offered/given so far…. and quite possibly in the near future. We all need to support this service to keep it going…. making a donation, no matter how small, will help to ensure the people it serves, you and I, are given the help we need.
  6. Take heart Dotty, I took the comment to help us all here that might read through that thread, not to get caught up with specifics within it and was referring to certain aspects being discussed all those years ago… for example the ‘rescission argument’ etc…. Otherwise, your thread was very helpful to me in several ways and that is what dx intended… *like most men, who are short on explaining themselves, us girls have to read between the lines.
  7. After reading through the SAR info I’m really starting to doubt myself now found an entry under 09 Oct 2009 – NOD sent 09/10/09 Expires 26/10/09 7726.85 934.12 (NOD must refer to notice of default) under 19 Oct 2009 - ***SOLD to Credite Limited 17OCT2009 balance at sale was 7726.85 in other entries: under ‘Autoscore Report’ found: date received 28.06.2007 (date as seen on the CCA sent) and then on a screen shot: open date 03.07.2009 (which would tally I guess with the PoC) I‘ve just noticed the covering letter from PRA dtd 23.01.2017 in response to my CCA s78 clearly states “Outstanding Balance: £8,587.00” - however the PoC states £8011.93. Guess I’m not the only one getting their knickers in a twist sorry for being a pest if the above has no relevance
  8. chips and curry sauce all round then... sorry about my flippant response but this DCA really frighten me
  9. thank you dx for the above - meanwhile moving on.... Something I may have omitted to tell you earlier: The purported CCA received from PRA and the SAR version from MBNA is identical, each state a same ‘REF’ This “ref” is not recognised by me However, the same version of that CCA received from PRA in response to my s78 has a hand written number noted on the very top of that document is that allowed? ps... I'm not leaving anything to chance and currently attempting to compose a Witness Statement just in case PRA respond to my defence.
  10. Just received a response to my SAR to MBNA Having had a quick flick through, Card type: preferred mastercard I’ve just found out when MBNA actually sold the debt: on 17 October 2009 to Experto Credite – I never received Notice of Assignment at the time So can I ask this (probably stupid question) if E.Cred, Aktiv & PRA are all one group why does the Particulars of Claim state: on 29.02.2012 the debt assigned to Aktiv and not the above?
  11. can I mention in my witness statement about the questionable validity of the CCA and the different dates?
  12. how can they get away with that? hadn't realised the dates didn't match... thanks
  13. I could convert jpg to pdf… but not if I altered the jpg to redact the personal info So if anyone out there has the same problem and doesn’t want to spend £££ getting the software you can do this: On paint Redact the personal info Resize to 50 Rotate left 90 Print Scan again Convert to PDF back to the cca I received to my mind they’re making it look like an online application – not true, I know I wouldn’t have done that - besides I’d never owned a computer until October 2007. They’ve even ticked the box for PPI, I know darn well I wouldn’t have ticked that, and in fact remember telephoning them shortly after getting a statement querying this payment… I got a refund and they took this PPI off my account But more importantly, I found from reading the threads is the default notice, and the lack of one. I’m waiting for sight of this in their disclosure or CPR 31.14 whichever is sooner. I know if they’d sent me one I’d still have it in my possession, I even approached CAB recently to look on my file just in case it was being held on there by mistake. letter & CCA Agreement.pdf
  14. here's the thing... I've tried that dx maybe I'm missing something, so i'll give it another go tomorrow...x
  15. update Hello there Given I’d not heard from PRA GROUP re: my CCA request; or the CPR 31.14 …. which I understand from reading the posts rarely ever is… . I filed my defence yesterday (24th Jan) on MOCL at 13.16 – and they acknowledged receipt at 14.01 before the deadline of 4pm. Today 25th Jan, I received a letter from PRA dated 23.01.2017 – sent by royal mail 2nd class (kept the envelope) with an enclosure… the CCA agreement. *Our letters, in this particular district, only gets delivered on or shortly after 2pm. I would like to post this letter and agreement for any help you can give, and can convert to PDF. However, as soon as I take out the personal details it will not convert to a PDF..? Not too sure where I am going wrong… argh very frustrating…. but I’m on windows 8.1 if that helps Oh and ps… to dx please, if you’ve had razor blades for breakfast this morning please do not reply… . because I’m not in the mood… blocked kitchen sink since Saturday and might have to tell you to ‘giveover’… or go jump off that ‘Pier’ No worries folks... private joke ‘wink, wink’
  16. I investigated how to file my defence on MCOL and offer this: You registered on MCOL to acknowledge service of the claim form. Hopefully you made a note of your ‘USER ID’ number – 12 digits long AND, the ‘Password’ you used to register with them. When you access the website MOCL to file your Defence, you will see three dialogue boxes lower down the page. The one you need is on the left hand side which states: Login – and underneath that it says: If you have already registered and enrolled with MCOL then please click below to login. You need to ‘scroll’ down the page to be able to see the little yellow box with the ‘Login’ sign you need to click on. The new page brings up a new dialogue box asking you for: 1. your USER ID – 12 digit number* 2. your Password *– remember this is ‘case’ sensitive *see above re: registering When you have entered the USER ID and Password click on ‘log in’ The new page brings up a left hand box which asks ‘Begin a new Claim’ a right hand box which asks ‘Respond to a Claim made against you’ *a lot of people try to do this, but fail and then think they can’t file their Defence… HOWEVER if you:- IGNORE both boxes, and ‘SCROLL’ down the page – this will reveal ‘Claims made against you’ As you scroll down you will see, located on the left hand side of the page the ‘live’ claim number (this should correspond to your Claim No on the Claim Form). If you click on this claim number you will be directed to another page On this new page you need to click on ‘Start Defence’ located on the right hand side This will bring up another page This page will be self-explanatory to see you through the stages to file your Defence.
  17. only thanks to Andy and dx needed, I was only able to help because of them and other people posting here... don't forget to file your Defence ! and of course let us all know 'what happened next'
  18. Hello Ceeferace Given your defence needs to be in on Friday, and your current condition I wouldn’t want you to be stressing out any more than you probably are. So because our Particulars of Claim are almost identical; except of course the reference number, amounts of the debt and dates… I’ve taken my defence and filled it out with your details with some tweaks in it – see 4. Not to be sent however without Andy giving his seal of approval 1. The Claimant claims the sum of £2559.35 for debt and interest. On 09/03/2005 the defendant entered into an agreement with MBNA for a Credit Card under the reference **************** 2. On 31/08/2009 the defendant defaulted on the agreement with an outstanding balance of £2855.93 3. On 29/02/2012 the debt of £2855.93 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Group (UK) Ltd on 31/12/2014. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. Payments of £405.00 received up to 26/05/2016 AND THE CLAIMANT CLAIMS 1. The sum of £2450.93 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 26/05/2016 to 14/12/2016 - £108.42 and thereafter at a daily rate of 1.67 until judgment or sooner payment. Proposed holding/no paperwork Defence 1. The Defendant contends that the Particulars of Claim are vague and 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 and accepted the Defendant has in the past had financial dealings with MBNA. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim. The Defendant has sought verification from the Claimant who as of this date has been unable to comply. 3. Paragraph 2 & 3 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the Consumer Credit Act 1974 or of any legal assignment or Notices of Assignment pursuant to the Law and Property Act 1925 section 136 (1) as stated on the claim by the Claimant or by MBNA. I have never received Notice of Sums in Arrears given that the Claimants plead they are the legal owner of any alleged debt. 4. Notwithstanding the above on receipt of the claim requests for information pursuant to the Consumer Credit Act (section 78) and CPR 31.14 were delivered and signed for at the Claimant’s address on 9 January 2017. To date the Defendant has received no response or acknowledgment from the Claimant or the Claimant’s legal representative with regard the requests for information under s78 CCA or CPR 31.14. The Claimant in their non-compliance to my requests therefore remain in default. Therefore and pursuant to the CCA1974 the Claimant is prevented from any enforcement during this lack of service. 5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement; and b) show how the Defendant’s alleged debt has reached the amount claimed for; and c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant proves the allegation that the money is owed. 7. On the alternative, as the Claimant claims to be 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. 8. 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.
  19. ps.. would someone from the 'site team' edit my long winded 1st post to a more readable version, as thought all that info would initially be helpful to my case
  20. seems all that reading of the threads was just the ticket then.... couldn't have done it without all that information you and the other people put on here. let's hope nothing comes in before I get to file the defence on 24th Jan by 4pm huge thank you Andy and to everyone for the help in the meantime...x
  21. Particulars of Claim 1. The Claimant claims the sum of £8011.93 for debt and interest. On 03/07/2007 the defendant entered into an agreement with MBNA for a Credit Card under the reference **************** 2. On 30/09/2009 the defendant defaulted on the agreement with an outstanding balance of £7698.88 3. On 29/02/2012 the debt of £7698.88 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Group (UK) Ltd on 31/12/2014. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. Payments of 50.00 received up to 17/05/2016 AND THE CLAIMANT CLAIMS 1. The sum of £7646.85 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 17.05/2016 to 21/12/2016 - £365.08 and thereafter at a daily rate of 1.67 until judgment or sooner payment. Proposed holding/no paperwork defence: 1. The Defendant contends that the Particulars of Claim are vague and 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 and accepted the Defendant has in the past had financial dealings with MBNA. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim. The Defendant has sought verification from the Claimant who as of this date has been unable to comply. 3. Paragraph 2 & 3 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the Consumer Credit Act 1974 or of any legal assignment or Notices of Assignment pursuant to the Law and Property Act 1925 Section 136(1) as stated on the claim by the Claimant or by MBNA. I have never received Notice of Sums in Arrears given that the Claimants plead they are the legal owner of any alleged debt. 4. Notwithstanding the above on receipt of the claim requests for information pursuant to the Consumer Credit Act (section 78) and CPR 31.14 were made by signed for delivery on 28 December 2016 . To date the Defendant has only received a letter dated 30th December 2016 from the Claimant acknowledging the request for the credit card agreement. However the Defendant has received no response or acknowledgment from the Claimant’s legal representative regard the CPR 31.14. The Claimant in their non-compliance to my requests therefore remain in default. 5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement; and b) show how the Defendant’s alleged debt has reached the amount claimed for; and c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant proves the allegation that the money is owed. 7. On the alternative, as the Claimant claims to be 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. 8. 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.
  22. So far I haven’t received a response to the CPR 31.14, and only a letter from PRA acknowledging the CCA request. Q. would it matter I sent the CPR to a their Investigations and Litigation Dept in Scotland, and not the address on their claim form for service of documents and payments located in Bromley, Kent? having read the threads similar to mine, and the replies: understand I don’t ask the DCA for a 28 day extension, or approach the court seeking to ‘strike out’ the claim through non-compliance. With the fast approach of 24 January by 4pm being the time I need to file a defence by – I am, for the moment, basing that on a holding/no paperwork defence … although understand should I receive any paperwork etc between now and the 24 Jan I can’t use that defence and will need to revise my defence accordingly. Can I post up the defence for feedback please?
  23. so glad I asked first, thank you for that Andy as an aside it would seem from the legal threads that perhaps I'm not to worry until my debt gets passed on to Restons maybe, and can't help but think that'll be sooner rather than later - do you think perhaps considering the size of this debt and another in the region of £7698.88 I should think about going bankrupt? I've no assets whatsoever - and I'm not trying to get out of the debt but I've not a hope in the world I'm ever going to be in the position of paying all of the debt back
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