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    • I Know I will get flamed for this , but for once time only I am with MET . The so called  “graffiti” is there to help people , Parent and child bays , Disabled bays , and electric charge point bays are all there for a reason  , just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space . how would you feel  if the bay was obstructed . I have no doubt the experts here will guide you to having the parking charge cancelled . But morally ………..
    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and 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.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant 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;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   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.  
    • i understand. Just be aware I am prepared to take some risks 😉
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phatram

Me v MBNA ABBEY AND MBNA VIRGIN

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I think they can sell the debt on. They MUST abide by the order of the court they are not simply able to demand any more than you are paying as a result of that order. If they want more, they would have to make application to the court. But first - they would have to apply to the court to have themselves replaced as the owner of the debt.

 

What contact have they made so far ?


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I've just received a letter informing me that they have sold the debt.

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Hi phatram

 

I would wait to see their hand before doing anything , if things have not changed for you, and your

finances what more can you give !! Blood maybe .

 

wishing you well

 

Tonks:-D

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I don't understand how a court order made for me to pay back MBNA via Restons solicitors can be sold.Restons did me for 3k in costs so what happens to that?

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I don't understand how a court order made for me to pay back MBNA via Restons solicitors can be sold.Restons did me for 3k in costs so what happens to that?

 

Bump

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I believe the entire debt is sold on to however is willing to buy it, basically - however, they must adhere to the terms of the court order; they cannot ask you to increase payments without taking it back into court.

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1OCTOBER2012b.jpg

 

What should I do now? I don't think I should be ringing Restons, surely that is not a good idea?

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Are you paying the debt off as per the CCJ?

 

If so I would suggest that you write to Restons and tell them so, and that if they wish to vary the order you suggest that they apply to the court to do so, especially as you are not aware that you are meant to pay anything at all to their clients.


 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Just had a letter from mbna doing the same thing to me! Not had a letter from ME yet? Just worried that these lot don't know about the ccj or the restriction and will try for an order of sale?

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Are you paying the debt off as per the CCJ?

 

If so I would suggest that you write to Restons and tell them so, and that if they wish to vary the order you suggest that they apply to the court to do so, especially as you are not aware that you are meant to pay anything at all to their clients.

 

 

Yes I am and in fact I am in front as I pay every 4 weeks and not every calender month.

 

The two letters I received really are saying I still owe on two accounts but the CCJ made it into one and also the amounts are incorrect (in my favour tho').

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Just had a letter from mbna doing the same thing to me! Not had a letter from ME yet? Just worried that these lot don't know about the ccj or the restriction and will try for an order of sale?

 

Orders of sale are quite unusual I believe, and if you are paying off a CCJ on time I don't believe they'd have a cat in hell's chance of getting one if you point this out to the judge. Don't worry.

 

Have you got a thread on this?

 

Yes I am and in fact I am in front as I pay every 4 weeks and not every calender month.

 

The two letters I received really are saying I still owe on two accounts but the CCJ made it into one and also the amounts are incorrect (in my favour tho').

 

Then write to them as I said in the post above. Wonder how they worked out the figures. :rolleyes:


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I've been getting phone calls and letters from Restons about paying of the debt earlier and with a discount if I do . I offered to pay £100 per month in court and the judge said that was fine. I pay every 4 weeks so I'm actually in front with payments. They then got a charging order on my house which is jointly owned with my wife. Must admit I'm finding these calls etc a little worrying that they are putting pressure on before they try something nasty.

I do know the debt has been bought by someone else and wondered if anyone else was having problems.

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Hi Phatram, you REALLY need to watch this video. I think it will be a great help to you. It is regarding Marlin, MBNA and their dodgy assignments. They are being taken to court by the chap in the video who is an ex bank manager and knows his stuff. He is in the SAME boat as you with charging order etc.

 

He also had that letter above and has them falling over their lies on tape.

 

https://www.youtube.com/watch?v=rwa2rKV5owA

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So the proceeds of the sale of a CCA belong to us not the banks? Very interesting.

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I admitted I owed them something, he says he has no debt. Confused by that one if he has a charging order.

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Hi phatram, so there is a court order regarding the amount of money you pay each month/every 4 weeks, yes ?

 

In which case, unless they apply for a variation to the order, they cant pressure you to make payments that are not in accordance with the order. So that should be oone worry off your mind.

 

Just confirm to them that you whilst you are maintaining payments in accordance with the order of the court, then you would request that they cease the phone calls. .


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I see Caro had already advised on this, sorry if this is repeating the obvious - so Restons have purchased a debt from MBNA ? Or is there a company on whose behalf Restons are collecting ?


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Letter from Restons 22nd Feb says our client ME111 (Marli?) v Yourself. It goes on to offer me a discount on £2128.67 if I pay now.

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Sounds very dodgy to me. If MBNA are guaranteed the money why would they get rid for a pittance?

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I think they just try to get in as much money as soon as they can and would rather take a hit if they can.

 

I would always be a little concerned with offers from the likes of Marlin and Restons, especially as you have a charging order on your property. Because I think that is still in MBNA's name until the debt is repaid !!


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Then it may be fraud as in the video posred earlier

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Money laundering? fraud? Think that vid needs moving to a sticky!

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What should I be asking Marlin?

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Phatram, you have advised earlier in your thread, that Restons/Marlin say they have no knowledge of the CCJ and charging order. As soon as you advised them of this, then they should have made themselves aware.

 

Restons should know what they have to do if they want you to either pay more or are offering you a Full and Final Settlement. They will need to return to court to vary the Judgment order and deal with the matter of the charging order.

 

To attempt what htey have is definitely misleading you.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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