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    • Thank you. The fact it was a permit-holder car park, rather than a pay car park, does help your case.  You can argue Prohibition at least. Have a look at the attachment in post 40 here  https://www.consumeractiongroup.co.uk/topic/466177-ukpc-2x-windscreen-pncs-claimform-forgot-permit-appealed-res-parking-my-own-space-east-croft-house-86-northolt-road-south-harrow-ha2-0es-claim-dismissed/page/2/#comments You can use the introduction, Prohibition section, Double Recovery section and the concluding Statement of Truth as the basis for your own Witness Statement.  Your case is virtually identical.
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    • Parking dispute - DCB Legal 09:05:24.pdfHi there, Please find attached the correspondence to date as requested. I have attached everything that I have in terms of correspondence. To the points raised: Your case is not looking too good at this stage. Not helped by the car park not appearing on Google Street view.  Interesting that UKPC seem to think that Walcot Yard is off Walcot Road when it is off Walcot Street. Part of Walcot Yard has the postcode BA1 5DW which is a building called North Range. You would have to find out where in Bath they would know the specific post code for the car park there since if it were the 5DW ending you may be able to claim that you weren't in BA1 5BG Walcot yard, Walcot Road, but BA1 5DW Walcot yard, Walcot Street.  >> Thank you, I am trying to find more information on this.  But probably the main help would come from the site manager. A  written statement from him explaining the informal situation with the land owner or better still  finding out who the land owner is  and contacting them might help. though getting UKPC to cancel at this late stage will be next to impossible. >> I can also do this. The site manager is able to provide a written statement. However, they have not been able to contact the site operator, who lives elsewhere in the UK. It is a very frustrating situation but I have really tried.  
    • no we dont give private advise helps no-one bar YOU not what CAG is about. post it here dx    
    • Thanks for the reply Dubai 50. will keep on filing everything in the bin, physically and digitally. 
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All MBNA Caggers Fight Against MBNA's underhand tactics


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MBNA seem hellbent on confusing themselves. (three syllable words are a mystery in the Chester Puzzle Palace)

 

16 digit account numbers seem to cause mental meltdown!

 

Ah, that explains why they are a telephone bank then, and cannot string a letter together:D

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just received a letter from Lowell's Debt collectors, who purchased a credit card debt of mine from MBNA, previously Abbey National, a few years ago. The debt was just over 10 thousand pounds.

 

I sent off a payment in May 2009 to get a copy of the CCA. They said it was taking a long time to search for it in a recent letter.

 

Yesterday, I was informed that Abbey did not keep records going back that far and the debt has been written off. Simple as that.

 

For completeness, I also have two other CCAs with Egg and they are both in dispute because they are unenforceable, as apparently were many loan agreements from Egg dating back to that time-mine were 2002 and 2003. these debts cannot be legally collected and cannot be challenged in the County court (I live abroad anyway!).

 

Hope this encourages you.

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expect many more of those, we are still investigating letters. It just proves how incompetant they are.

 

And when their investigations are completed, you will receive the stock answer;

we will not enter into any further correspondence with you.

 

AC

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If it helps, I can you scans of all letters and contracts, but we will have to do it through secure messaging. Also the letter I sent to capQuest that put the fear of god into them!

 

expect many more of those, we are still investigating letters. It just proves how incompetant they are.
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There are two easy answers to that:

 

Firstly, in that case, I don't expect hear anything else from them about collecting the alleged debt.

 

Secondly, whether they want to reply or not, it's all down to the law. If they have tried to collect and continue to try and collect, unlawfully, an unenforceable debt, they may choose not correspond with me (lucky me :lol:), but they will have to correspond with all the regulatory bodies, such as the OFT, Banking Ombudsman, etc.:(

 

Both scenarios suit me.

 

And when their investigations are completed, you will receive the stock answer;

we will not enter into any further correspondence with you.

 

AC

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If it helps, I can you scans of all letters and contracts, but we will have to do it through secure messaging. Also the letter I sent to capQuest that put the fear of god into them!

 

yes please, I like to be prepared :D

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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And when their investigations are completed, you will receive the stock answer;

we will not enter into any further correspondence with you.

 

AC

 

Just had that response from CrapOne. All they keep sending me is the round robin recycled paper poor excuse of an agreement.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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interesting, I have an old abbey national, savings card account;

went into the local branch requesting general details;

they couldn't find any docs;

mislaid...incompetance.

 

I have only approx £40 in the account but they hold no records; roll eyes.

 

Now, I have to battle with, Santander.

 

Good grief, what goes on in these firms?

 

Sorry, a bit off topic but relevant.

 

AC

Edited by angry cat
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Hi David

 

Who is the DCA? Lowell's?

 

Anyway, whoever they are do a full CCA and SARS request on them using the standard template letters. Send a payment for 1 pound for the CCA and 10 pounds for the SARS.

 

Personally, i would recommend in your SARS request also asking for a coopy of the ded of assignment or transfer document-this shows that they have actually got the rights to the debt.

 

Remember at all times, it is up to the collector or DCA to prove that they are entitled to collect the debt, it is not your job to do that work for them.

 

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Interesting, have Restons fallen out of favour?

 

 

Of late MBNA seem to have been coming away from their long standing policy of selling on the debts.

 

This has usually taken the form of direct legal action through Restons.

 

Point of flagging the thread was that, for whatever reason, it doesn't always seem to be the case.

 

David

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Could it be they pass the ones they think they can win to Restons and flog off the duds?

 

Following on from this, has anyone who's account has been sold to a DCA actually been taken to court by that DCA? Just wondering whether it was possible to prove/disprove U/D's theory;)

 

Apex are now getting serious with their threats of this to OH, so I'm pondering the likelihood that they will go the whole hog and issue proceedings........

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Didn't mean to imply that DCAs would not take the court route - whether account is a dud or not;)

 

Think most creds, whether OCs or DCAs, are so arrogant and greedy and have their heads so firmly wedged up their own behinds, they will go stampeding on, even if it's over a cliff.....

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Could it be they pass the ones they think they can win to Restons and flog off the duds?

 

I think there could well be a number of factors:

 

Does the CCA exist?

 

How bad is it if it does, what else went wrong and how many porkies would they need to tell to try an fix it?

 

A very significant factor could also be if there is a property to go after.

 

David

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by cashins:

 

A very significant factor could also be if there is a property to go after."

 

You HIT the Nail right on the head!

 

One cannot get blood out of a stone.

But, one can get something out of, property or, try to.

 

AC

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But what about those who own property (and have more than one account with MBNA) and have one account placed with Restons and another sold to a DCA?:confused:

 

Could be then it's in conjunction with the paperwork/errors. They think they can swing one not the other?

 

There is also a perception that if it goes to Restons, that's it, a POC is on the way pronto.

 

This went to Restons November 2008 and still no POC.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167407-mbna-now-restons-help.html

 

David

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But what about those who own property (and have more than one account with MBNA) and have one account placed with Restons and another sold to a DCA?:confused:

 

I'm in a similar position UD. Two accounts passed to different DCA's and one passed to Restons. As I've said before, I live in a bog standard house and any equity is due to price rises in the market which, as we all know, can be rather volatile and drop equally as fast as they rise!!

 

Oddly, the one Restons are threatening court action with is the oldest account and the one with the most abysmal copy of an application form. Hence, I am truly surprised that this is the account they are planning to take to court as it honestly wouldn't have been my first choice in their shoes!! :confused: :confused: :confused:

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

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