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    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here Yes 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. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
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1p in credit - should we close the account?


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Hi, we've just (finally and happily) repaid an overdraft with TSB that they put us through Hell over. They changed it from our joint account to my sole account, sent it to Buchanan Clark and Wells, back to TSB Collections, back to BCW with a spell at Sechiari Clark and Mitchell. And then they just turned it back into our joint account which they had increased the overdraft limit on to cover the charges even they admit they shouldn't have applied! In fact they admit to £111 plus in unjust charges, in writing.

We started a complaint with them last year about it, and it escalated into a complete dispute over not only that account but two TSB Credit Cards that they admitted they had no agreements for.

Well, it seems like they sold the card accounts to Credit Security Ltd and APEX, after admitting they had no agreements for them, but the joint account has still been operating, so we could pay a bit off each month. Today, with a fair wind behind us, we have repaid the entire overdraft and put the account in credit by one penny. :D

When we got home I went on their internet site and we've cancelled the overdraft. So all that's there is 1p credit!

We are now going to give them hell over the charges they admitted in writing they shouldn't have applied, but as the joint account was being administered by their Collections Department I don't trust them an inch, after what they put us through.

We thought if we leave the penny in, they won't be able to close the account, which would make it easier for us to pursue them. But we had a letter last week advising us of the new terms and fees for planned/unplanned overdrafts starting April 28th and frankly, I don't know what they might do next! Paying the overdraft off has all but wiped us out this month (but really worth it!), and they haven't been charging interest, but what if they decide to add interest/charges now that we've cancelled the overdraft??

Should we just close the account? If we did, could we still pursue them for the charges?

Can anyone advise please? Thanks :)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Brilliant! Many thanks Michael, first job for tomorrow then! :D

It'll be a big relief TBH, I just don't trust them.

Thanks again! Woohoo!!! Justice! :p

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Actually...... maybe keep the 1p in the account ?

 

Provided there's no monthly or itemised fees payable by yourself, It'll then cost them loads more than this each month to send you statements, administer the account etc ;)

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Another vote for keeping the account. It costs them a lot to sent statements, give you the account balance when you ask in the bank, etc.

Also, might even be useful as a parachute account if you ever try and claim charges back from anyone else!

 

All this advise is voided, obviously, if they start charging any sort of monthly fee.

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Thanks Photoman and D1, but we went in this morning and did the deed :D

I don't trust their 'Collections Centre' one little bit.

I'd rather set about getting those charges back from a position of being in control of our money, and while ever that account was still open, they have a 'way in' to do whatever they like.

We signed the form (after getting our penny back - they don't have a charity box for just pennies, it has to 20p!) and came away feeling light-headed. We were their loyal customers for a quarter of a century, and they treated us like dirt. So it's their turn now.:p

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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I don't trust their 'Collections Centre' one little bit.

 

Very wise.

 

We were their loyal customers for a quarter of a century, and they treated us like dirt.

 

That's the sad part.

 

Els

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PS, this was the letter that decided it. We'd had a £600 overdraft before starting a DMP with Payplan, they ignored Payplan and added charges etc, then turned it into my account (as opposed to joint), and then mucked about like I've said above until they went back to pretending nothing had happened, unilaterally increased the o/d to over £700 to cover their charges and started sending us statements again. We'd been paying £10 a month plus some extras and had got it down to £515 before this letter.

They do go on to say something about 0% but applied to what? We don't talk bank-speak and never will. But we will get our money back. Thankfully it's near the end of the month as we even raided our decimal jar to get the cash together! (Decimal jar re-started with this morning's 1p :D):

 

tsbreodltr2ed.jpg

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Share on other sites

  • 2 weeks later...

An update on this. We closed the account in the branch. The clerk at the enquiries desk asked us to withdraw our penny so we could close the account, and he'd fill in the form he was taking from the computer. We went and got our penny out, returned to him, signed the form and left. He said it was closed immediately but we didn't need a receipt as the Head Office would send us a final statement.

We had a reply last week. They returned the form saying they couldn't close the account. They also enclosed an open letter to someone else saying they'd closed her account and would donate the penny to Barnado's!!!:o

 

These people seriously drive me crazy. This bank has done nothing but mess around with our heads from the outset of our difficulties.

The last part of the S.A.R - (Subject Access Request) wasn't received until January.

I thought we'd be too late to report them to the FOS. But they extended the time of the complaint because of the delay in providing SAR data.

They openly admitted not having credit agreements for either of the 2 credit cards we had with them. They admitted that the charges of £111 when we were paying them through Payplan were wrong, and offered to refund them plus give us a cheque for £50 if we signed a waiver to stop us taking further action. We refused the offer, but we have it in writing that those charges were wrong.

They rewrote the defaults on both credit cards with the CRAs, stating account closed with £xxxx.xx balance outstanding on both accounts. They then (it appears) sold the alleged debts to Credit Security Limited and Apex, who have since tried to bully us into repaying. We've had no notice of assignment for either card, and once we asked for CCA and complaints procedure from both DCAs they went silent.

The current account is still open with a zero balance. The idiot clerk at the TSB had filled in the form with just my name, and we were idiots for not noticing it.

We have got all the papers laid out on the bed and we're going to go to the local Trading Standards on Tuesday, then FOS then the OFT.

Additionally they've given us somebody else's account details (as above), so Trading Standards first, because this should be reported.

It should all be reported. We've tried repeatedly to give them the benefit of the doubt and each time they show themselves as feckless and witless. Enough is enough.:mad:

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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tsbreodltr2ed.jpg

 

 

I really love this !!! :o

 

reading this, and how they apply charges is utterly shocking !

 

If one month, you were to inadvertently go over your overdraft limit by just £26, for just 10 days, then you would incur the following:

 

1/ A £15 one off "unplanned overdraft fee"

2/ A daily fee of £15 each of the 10 days.

 

TOTAL that month: £165 !!

 

For just over borrowing by £26,

 

Then, on top of that, you would also incur interest at unauthorised rates (probably around 29-30% APR) on the whole sum (ie; the £26 + the £165 in charges).

 

This would then also mean, that the following month, you would be left about £200 short..... so if unable to pay this, you would then incur another one off £15 monthly charge, plus another 10 days of charges, but this time at £20 per day.

 

So another £225 in charges, (again PLUS interest at 29-30% APR).

 

 

By my reckoning, if left for 12 months, this would potentially accumulate a total of around ........ wait for it..........

 

 

£2640 :o just in charges (not accounting for the Unauth. interest) !!

 

 

..... for borrowing £26 over your limit.

 

 

If my maths is correct , then this would be equivalent to

 

about 10,153.85 % interest on the original £26 !!!!!

 

....and even then, this does not account for the compounded monthly interest at an equivalent to 29-30 APR %.

 

So, it would actually be even higher !!

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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