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    • OK, all done as requested. Defence left blank for now. Just one small question in relation to the CPR31:14.... Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: and it says * delete if not mentioned in the Particulars of claim. I'm not  sure if I ask for everything or nothing as I can't see any of the list mentioned in the POCs
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    • Let me start by saying I feel tremendous regret, shame and remorse. I have some debt and personal life has fallen apart over the last year which has caused me to be careless. Doesn’t make it okay I know. In a positive way, i will never take anything in life for granted ever again. I want to volunteer and go back to being a good person. I need some advice/reassurance on the below so I can move on better from this experience. A few days ago I was caught at sainsburys, I paid for part of the food (about £5) and didn’t pay for the other (about £8-10) at self checkout. when I got to the exit someone in plain clothes asked to see my receipt and bag and that they worked for mitie. I told him the receipt was in the store bin (true) and he said he followed me round and knows I didn’t pay for all of it. he very sternly but calmly said he just needs my name then I can leave with the shopping. I said i am in a bad day and can’t do this and was on the verge of breaking down. So I handed him the shopping and slowly walked out. No name given (I read elsewhere this is good and makes it unlikely to develop) and I have no way knowing if police contacted. I overthink a lot and I wonder if they can track me via debit card or nectar card on the transaction. I also wonder if they saw me do it last month and have been waiting for me. I know someone who works at their head office and terrified somehow it will get back. I’m also terrified of being recognised in the street.    I don’t know what’s going to happen. I see a lot in the news today about shoplifting 
    • Hi, I’ve just spotted an Arrangement to Pay marker (TransUnion) on my Barclays Mortgage account for 1 month in March 2022. I’ve spoken to Barclays Customer Service and Complaints about this and they’ve given me some background but have closed my complaint: Direct Debit for mortgage bounced in February and I didn’t notice this at the time. Realised there were arrears in March and called customer service straight away. Offered to pay half the arrears on the call with the other half of the arrears the following month. I prob suggested or accepted this as had done that many years previously when I was a poor student with no adverse consequences. Paid in accordance with this. Barclays call notes report they informed me credit reference agencies would be notified and I indicated I understood. However, complaints team couldn’t access the call because it was too old. They advised I could request a transcript through GDPR and complain via ombudsman if still unhappy - I’ll process the GDPR request this week. Whilst it may be factual that I entered into some kind of arrangement regarding the arrears, it wasn’t clear to me that they would be treating it and reporting it as a formal payment plan along with the potential consequences of this. At no point did I agree to or request to “reducing my contractual payments” - I paid my contractual amount for March and April with 50% more on top. I guess it’s likely they did say something vague about credit reference agencies and it’s also possible that I may have agreed without fully understanding it would be different to a late payment marker. I’m not 100% sure of the impact of the AP but I believe it did tighten up balance transfer and new card offers (Lloyds group in particular) even though the rest of my report is spotless and I have many years managing multiple high balance cards. Although it may have been less comfortable, I also believe I had the means to pay the balance in full if I’d realised the impact at the time. Finally, it feels like Ive been penalised for speaking to customer services directly rather than just upping my payments to cover the arrears. Historically, I was under the impression that Barclays mortgages weren’t even reporting arrears of less than 2-3 months as late payments - although this may have changed since the last time I was in arrears. I’ve had a browse through threads about AP markers and it seems like removal is unlikely if it’s deemed factual but it may be worthwhile escalating to FOS or ICO? Will update with transcript details once I’ve raised and received a response to my request. I suppose the upside of this is that I’ll be even more cautious about negative markers in the future. Thanks, J
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surreyscouse
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So what happens if they do not send all the docs they are required to???

 

What do you do then??

Prelim Req sent 12 June 2006,

LBA sent 26 June 2006,

Confirmation of court action sent 24 July 2006,

Court return date 20 October 2006 - LTSB did not reply,

Court hearing date 27 October 2006 - Decree granted in my favour,

Recall of decree recieved 16 November 2006,

1 December 2006 assigned as recall of decree,

26 January 2007 assigned for full proof hearing,

16 January 2007 1st offer recieved and declined,

23 January 2007 2nd offer accepted, awaiting monies to hit bank account

 

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

 

vvv My Thread vvv

 

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Top Posters In This Topic

 

 

 

 

So yes if there's even a minute chance of me hitting 'em back I'll have a go.

Bring it on :-D

 

 

More names to add to the list please.... just over a week before we hit 'em:-D

 

Surreyscouse 6/7/2006

Worzel 5/7/2006

Stacymason5/7/06

Paulcaley

Gizmo111

Norvernrob

thfctimmo

dellydaisy

Bryony84

Davefirewalker

downsouth 6/7/06

 

 

As I said I don't have a MBNA card just wish I did so I could join in, or perhaps I could ask that would confuse the issue even more - DCA's are always getting it wrong!

Consumer Health Forums - where you can discuss any health or relationship matters.

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You can count me in on this too.

 

Im currently pushing on Halifax but MBNA is now in my sight.

Might as well fire the 1st shot.:eek:

Just lost my job :( so they'll more than likely come after me later on and I'll fight them on every charge they plan to make.

Malcontent

Data Protection Act sent to Halifax 08/06/06

Halifax statements received 23/06/06

Halifax Account Charges = £603

Preliminary letter to Halifax sent 26/06/06

Time waste letter received 05/07/06

Halifax offered £130 08/07/06

LBA sent 13/07/06

 

Financial sadists play vicious games with money as a way of asserting their power over others.

Returning money they have already stolen undermines their security and is their weakness.

 

Now is the time to turn the thumbscrew on them.

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They can set aside and its very easy for them to get it - see the Abbey National thread with Whizzkid et al.

Essentially a judge would prefer a court hearing than a default judgement, its seen as "more just".

If I were you I wuldn't have sent the fax advising them. Just let the 7 days go and send in the baliffs. You may have alerted them to something they were not aware of/ignoring. I hope I am wrong. Don't delay with warrent of execution.

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They can set aside and its very easy for them to get it - see the Abbey National thread with Whizzkid et al.

Essentially a judge would prefer a court hearing than a default judgement, its seen as "more just".

If I were you I wuldn't have sent the fax advising them. Just let the 7 days go and send in the baliffs. You may have alerted them to something they were not aware of/ignoring. I hope I am wrong. Don't delay with warrent of execution.

 

Yes this is something SS is aware of.

I knew about it after using it myself for a matter where I needed to use stalling tacticts.I got the set aside hearing with no prob and it stopped all the recovery action on the other side.

I think SS knows exactly how he is planning this and his case has been more of a rollercoaster than the pepsi max big one.

 

Its decisions like these that make you paranoid too because like SS I am aware of the other side gleaning info from the posts/threads.

 

I expect he will be sleeping on this as we speak and will no doubt have more to say later.

 

;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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jeez, I can't believe yuo guys are posting at 3am this morning.

 

Martin is spot on with this being a rollercoaster ride. The only problem now is that I don't want to get off !

 

If I can explain why I have issued the 7 day letter (fax). It is merely because I think if I hadn't then their cheque would have taken longer than this to be sent to me. I had a timescale in my head and it is only fair that I share it with MBNA so I could if needs be prove to a judge that I have not been unreasonable if I have to send bailiffs in. So in my mind, I think I am actually speeding up the issue of the cheque being sent.

 

If I am proved wrong then so be it. But I really can't see MBNA wanting to go to court even if they do set aside etc. It just isn't the American way because let's face it that is ultimately where their orders come from.

 

So 6 days for them to issue it. I may just give them a call on day 5 to ask whose computer equipment the bailifs should take first, Michael Rhodes perhaps ? That should get the message accross !

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HA HA..........and with no computer HE will have no MESSAGES to send

 

 

:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Surreyscouse 6/7/2006

Worzel 5/7/2006

Stacymason5/7/06

Paulcaley

Gizmo111

Norvernrob

thfctimmo

dellydaisy

Bryony84

EricTheRed

 

I'm in too!!! They have called my 5 times in 2 days - I have a feeling its about my letter requesting charges - I have refused to speak to them each time!

 

Count me in. I'm on annual leave next week so I'll prepare my letter today and keep tabs on this thread for when to send it.

 

Surreyscouse 6/7/2006

Worzel 5/7/2006

Stacymason5/7/06

Paulcaley

Gizmo111

Norvernrob

thfctimmo

dellydaisy

Bryony84

Davefirewalker

downsouth 6/7/06

EricTheRed6/7/06

 

My circumstances are similar to Norvernrob in that it was originally a HBOS account.

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Just for confirmation is this the address to send it to?

 

 

Customer Advocate Office

MBNA Europe Bank Ltd

PO Box 1004

Chester Business Park

Wrexham Road

Chester

CH4 9WW

 

 

and

 

What are the next steps? Do we have a template letter in response to their non compliance/response.

 

Thanks

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Think you left someone off your list EricTR, just to keep it up to date...

 

Surreyscouse 6/7/2006

Worzel 5/7/2006

Stacymason5/7/06

Paulcaley

Gizmo111

Norvernrob

thfctimmo

dellydaisy

Bryony84

Davefirewalker

downsouth 6/7/06

Malcontent

EricTheRed6/7/06

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Hi Eric,

 

Between us we'll sort out a template which we will send on day 13 after our letters have been received basically not acknowledging their debt.

 

With regards to the address, agree to most of it aprt from the po box bit. We wouldn't want to help them out too much now would we and send it to the correct department straight away, we'll let them work out where it needs to go, if they can use stalling tactics then why can't we !

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Surreyscouse 6/7/2006

Worzel 5/7/2006

Stacymason5/7/06

Paulcaley

Gizmo111

Norvernrob

thfctimmo

dellydaisy

Bryony84

Davefirewalker

downsouth 6/7/06

Malcontent

EricTheRed6/7/06

bongobaz

 

im in!! just let me know when to send letter and where etc!

:-D

Halifax

Settled in Full

Cap One

Settled in Full

Citi Card

Settled in Full

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hehehe letter all ready all it needs now is a date!!!!!:p

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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Think you left someone off your list EricTR, just to keep it up to date...

 

Surreyscouse 6/7/2006

Worzel 5/7/2006

Stacymason5/7/06

Paulcaley

Gizmo111

Norvernrob

thfctimmo

dellydaisy

Bryony84

Davefirewalker

downsouth 6/7/06

Malcontent

EricTheRed6/7/06

 

Apologies

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Hi Eric,

 

Between us we'll sort out a template which we will send on day 13 after our letters have been received basically not acknowledging their debt.

 

With regards to the address, agree to most of it aprt from the po box bit. We wouldn't want to help them out too much now would we and send it to the correct department straight away, we'll let them work out where it needs to go, if they can use stalling tactics then why can't we !

 

So

 

"MBNA Europe Bank Ltd

Chester Business Park

Wrexham Road

Chester

CH4 9WW"

 

it is then.

 

They would normally sit in their post room until someone decides which department it goes to then half a day to get to the right department. Having said that they are probably spying on us now and formulating their plans for the letters. There will be MBNA staff logging in from there houses/homes on MBNA business using their private accounts and reporting back to MBNA. They know who I am because I inadvertently left my "EricTheRed" name on one of my letter. I hate MBNA with a vengeance.

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did they ever refer to the ericthered bit ? Let them log in and have a look, makes no odds to me, they still need to identify us (i'm probably quite easy by my own thread) and then deal with our request. I'm not concerned by them logging in at home. If I was in their position I know I would, but never expect them to tell the mods that they work for the bank.

 

The staffs main problem in logging in at home is that they can only log in to their account at home in the evening when almost all of our contact with them takes place during the day so we always have the upper hand when it comes to being up to speed.

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did they ever refer to the ericthered bit ? Let them log in and have a look, makes no odds to me, they still need to identify us (i'm probably quite easy by my own thread) and then deal with our request. I'm not concerned by them logging in at home. If I was in their position I know I would, but never expect them to tell the mods that they work for the bank.

 

The staffs main problem in logging in at home is that they can only log in to their account at home in the evening when almost all of our contact with them takes place during the day so we always have the upper hand when it comes to being up to speed.

 

They have never referred to the EricTheRed bit I don't think they would be so stupid. They are I firmly believe covert and they will be watching. I aren't in the least bit bothered. What they have done is illegal. I've had most of my charges back and applied to the credit card balance even though I expressly informed them that it wasn't acceptable as they haven't confirmed that the defaults are still there. I have had a letter from them telling me that they will no longer respond to my letters regarding my account and I should deal with the FSA. Sorry for the rant and hi jack I'll put this bit on my own thread for their benefit.

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Curiosity got the better of me and I had a little look on mcol and guess what.......................................defence entered

 

Claim Description MBNA

Claim Number 6QZ36695

Status of this Claim Defence

spacer.gif

 

You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

 

 

 

 

Spoke to mcol and the defence was submitted yesterday. Quite impressivley they have submitted it to my local court so well happy with that. So it seems they want to go all the way at the moment (can't wait to meet you guys, i know you're looking).

 

So anyway, in the next few days I should receive a copy of their defence which from what i can gather was submitted prior to my fax so the fax doesn't really matter now anyway. I will post back a court date as and when i receive it but will obviously let you know what their defence is when I receive it.

 

you guys might think I am upset about this but I really cannot wait to see these clowns in court, not that I can see them sending a solicitor down for the sake of £330 ! erm newspaper reporters anybody ?

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I would love to join in but I'm just in the middle of claim to MBNA. Do you think I should wait until my claim has been settled and attempt the agreement trick solo?

 

Wait for what??

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MBNA have settled

 

Now the question do I ask, do I start to find out why they did not provide a True signed copy of the Agreement??

 

and if they have not got it, where do I stand - In a legal standpoint

 

If I get the right answers, then I would decide if I am in or not :confused:

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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Count me in !

 

I've just received details of their charges to date, circa 300 quid

 

I haven't sent my LBA yet so this will fit in nicely with that.

 

Name added to list

 

Surreyscouse 6/7/2006

Worzel 5/7/2006

Stacymason5/7/06

Paulcaley

Gizmo111

Norvernrob

thfctimmo

dellydaisy

Bryony84

Davefirewalker

downsouth 6/7/06

Malcontent

EricTheRed6/7/06

Mercedes 6/7/06

 

regards

 

Mercedes :grin:

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