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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      
    • A sinister tactic known as shoulder surfing is on the rise in the UK. Fraudsters are watching unwitting people log in to their mobile banking apps over their shoulder.View the full article
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Re: Distressing phone call from MBNA


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Hello all,

 

im glad you had a fab day sunflower, that is great, we all need to still keep having a laugh on this journey of life.

 

emmaf01 - in your post no 104 you mention you have a site to check on who and when the postal order was cashed, would you let us know about that please, didnt even cross my mind about that, only the track and trace for the post office - much appreciated

 

have a fun sunday too, ciao for now MAZ

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi Maz! I hope you had a nice weekend too,Yes we did have a nice day out at animal park!I have just been looking at photos and video clips which my husband took!He took some good photos and clips and i think they came out very well.He got some good clips and pics of that goat jumping at me trying to snatch things off me!

i was a bit worried that MBNA have not acknoledged my CCA agreement yet and acting like they ignoring request as they still continue to send threatograms out without mentioning it but i suppose looking on bright side it may be a good sign that they have not got a valid CCA! IT Is not that i intend to stop paying them any money at all and like you i want to at some stage arrange some token payments that i can afford to them but ive heard that it may be best to wait to see if they come up with a valid CCA before paying themEven if they dont come up with a valid CCA i wiii try to pay them something as i did use their credit and their credit card put food in our stomachs and kept our car on the road and paid other expenses and things to help us cope with our grim lives but i dont like their behaviour and debt collection practices and the fact that they probably realised better than i did what a credit card trap i was getting into and must have realised that someone on my wage and with other debts and overdrafts which they must have seen if they did proprer credit reference checks must have realised i would eventually have problems.I know we should not have used their credit card and not accepted their steadily increasing credit but we were desperate and their offers were to tempting for us.If they had not kept tempting despearte poeple like us we would have sought help a lot earlier before our debts got so big.As other people say they like people to get into debt with them and rake in all thier money off them and they are one of the worse cards for credit card interest.Even the customer service woman at the Halifax where we were trying to get help looked worried when she saw I owned a MBNA credit card and had a lot on it warned me that MBNA interst rates were vey high and this remark was comeing from the Halifax who charge high interest rates which are not cheap so for her to say that about MBNA must mean they are sky high compared to other credit cards even so i reckon all those monthly payments i have made to MBNMA over the years have alread paid them back a huge chunk of the money i spent on their credit card!Trouble is me and my hubby have not got a clue about interest rates and things like that.We just beleived them when they give us all their sales pitch but now we know better,I want to be able to pay back MBNA and other credit cards some of the money but at a rate what we can afford and not what is going to leave us with nothing to live on.and no sort of life!i just wish i could find a second weekend job but i work fulltime monday to friday and i suppose a lot of employers would be put of employing me as i suppose when they hear i already do a full week they will probably think i will not be a reliable person to work for them as they will worry that i might get fed up with doing long hours! but i will try and pop into a few shops and see if i can at least find some christmas temp weekend work as lot of shops may want extra xmas staff,Though i dont have very high hopes of finding anything.Thanks again for all your moral support and advice.You make me feel better as do a lot of other people on forum,I dont feel quite so alone now!

Edited by sunflower99

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi Everyone! I just received my CCA frpm MBNA I am not very good with computers and have not got a scaneer set up to work yet and this pc not behaving very well My husband is trying to set up scanner at weekend and we are keeping our fingers crossed it will work as we have not used it or had it connected to computer for very long time.However i got my husband to photograph the pages to give you an idea iof its layout and any obvious things wrong with it as me and hubby have no knowledge of CCAs and agreements,So here goes i am going to see if can transmit pics ok on following post of the pages ro see what you all think.

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi,

 

To get an opinion on the CCA you have received then you will need to post them up.

 

do you have an account here:

 

Image hosting, free photo sharing & video sharing at Photobucket

 

If not, it's free to register and you can upload the photos from your PC.

 

Relax and give it a go.

 

PV :)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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SANY0480.jpg

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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The above pic was the front of agreement ! the next picin next post is a photograph of what was supposedly on the back of this form according to MBNA

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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doc1-1.jpg?t=1221773998

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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along with the photo of front of signed form and another photo of what was supposedly on back of this form they sent a few seperate sheets with terms and conditions on which i will attempt to put in next few posts.Thanks PossVox for showing me photo bucket and letting me know how to get these images posted on this forum.I am afraid they have not come out that good as i am not very experienced at copying things and have not got a scanner working at moment

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Photobucket is a God send!

 

I think that someone with more experience of CCAs will be along soon now they can see the photos.

 

PV :)

  • Haha 1

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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doc2.jpg

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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yes getting the hang of it! LOL

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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I like your mousemat by the way!

 

I am not 100% sure that this is a CCA but someone will be able to help you.

  • Haha 1

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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Hi Berrylover! Thanks for compliment about our mousemat!Yes i was dismayed today that i got a CCA from MBNA!Am just hopeing now that it is not a proper cca and that our experienced CCA friends can pull it to pieces!I am having a pretty horrible day! on top of this CCA i got a postcard from MBNAs bully boys RMA threating to pay me a visit tomorrow! anytime from 8am to 9pm!Not much notice ! as i only got postcard today.Luckily i have been warned about these bully tactic and that hopefully no one will call! but my husband going to keep all our doors locked and not answer door just in case! What a life!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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th_doc3.jpg

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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You need to send RMA this:

 

Please be aware that there is only an implied license under English Common Law for certain people to visit a property without express permission: the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Please therefore take note that we revoke license under English Common Law for any agents or representatives to visit this property and if an agent or representative should do so without prior written permission from us, then they and their company will be liable to damages for a tort of trespass.

 

99% sure they won't show but if you send the above then they MUST STAY AWAY...It's THE LAW!

 

PV :D

Edited by PossVox
typo

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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doc3.jpg?t=1221776909

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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It is not clear that the terms and conditions relate to your agreement. Is there any mention of credit limit, or that they will decide on one? I am edging towards unenforceable but cannot be certain.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Hi Possvox! Thanks i will send them that letter! trouble is that they have been very crafty as i bet they made sure that letter arrived vey late! too late to send them a warning letter to stay away! As they calling tommorrow,It ridiculous they have given me no notice at all!They add on postcard that i can phone them to cancel visit if not conveinent so that i can speak to one of their friendly DCAs on phone!Still at least if i send that letter by weekend even if it to late for friday they know that thye will be breaking the law and giving me illegal harresment if they attempt this again!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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They will not turn up, I have a file full of cards like that one. They say 'we will call' and it actually means telephone. I lived in fear of people turning up for a long time and would not answer the door or telephone for a long time - still dubious about the phone:eek:.

  • Haha 1

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Hi Goldlady! yes i am afraid my hubby missed a bit of the left of front page of cca,There is my name and adress printed and a credit limit of £1500i s stated with a credit reference number,

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi Goldlady Thanks for reassurance about RMA bully boys!I thought it was hopefully just a threat to frighten me as somebody did warn me that they love to put nasty postcards through the letter box but as it was my first time getting one was a lttle worried what to expect!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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The front page looks like it has been cut off another piece of paper on that cca

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Perhaps i am clutching at straws but the signed page is not attached to any of the other pages and it is just MBNA say so that the back copy and all the other pages are part of the original signed agreement

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Well they would have a hard job proving that the t&cs were part of the agreement in court if that's the case. The bit with your signature on says very little.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Yes this cca does seem very bitty!A tiny part of the form is signed but the rest of it is other pages that could have just been bundled in with it!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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