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    • Ecker
      Approaching Pension Maturity - have debts to DCA's - do i have to tell them?

      By Ecker · Posted

      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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    • rickyleavet
      Claim through officialinjuryclaim.org.uk for PI following RTC Road Rage Incident

      By rickyleavet · Posted

      My understanding is that they won't provide the name to me whether the investigation is Live or Closed, & I have no legal rep as I didn't have P.I. Cover on my policy, & am intending to claim using OIC.org.uk, but remain completely stuck as they 100% cannot open a claim on the portal without both the Reg. No. & Name of the other driver.  
    • jasowter
      Excel/DCBL ANPR PCN - Appealed - 5minutes overstay - iceland gravesend

      By jasowter · Posted

      thanks again ftmdave, your words are verey encouraging and i do appreciate them. i have taken about 2 hours to think of a letter to write to the ceo...i will paste it below...also how would i address a ceo? do i just put his name? or put dear sir? do you think its ok?  i would appreciate feedback/input from anybody if anything needs to be added/taken away, removed if incorrect etc. i am writing it on behalf of my friend..she is the named driver  - im the one with the blue badge and owner of the car - just for clarification. thanks in adavance to everyone.       My friend and I are both disabled and have been a victim of disability discrimination on the part of your agents.   I have been incorrectly 'charged' by your agent 'excel parking' for overstaying in your car park, but there was no overstay. The letter I recieved said the duration of stay was 15 minutes but there is a 10 minute grace period and also 5 minutes consideration time, hence there was no duration of stay of 15 minutes.   I would like to take this oppertunity to clarify what happend at your Gravesend store. We are struggling finacially due to the 'cost of living crisis' and not being able to work because we are both disabled, we was attracted to your store for the 10 items for £10 offer. I suffer dyslexia and depression and my friend who I take shopping has a mobility disability. We went to buy some shopping at your Gravesend branch of Iceland on 28th of December 2023, we entered your car park, tried to read and understand the parking signs and realised we had to pay for parking. We then realised we didnt have any change for the parking machine so went back to look for coins in the car and when we couldnt find any we left. As my friend has mobility issues it takes some time for me to help him out of the car, as you probably understand this takes more time than it would a normal able bodied person. As I suffer dyslexia I am sure you'll agree that it took me more time than a normal person to read and understand the large amount of information at the pay & display machine. After this, it took more time than an able bodied person to leave the car park especially as I have to help my friend on his crutches etc get back into the car due to his mobility disability. All this took us 15 minutes.   I was the driver of my friends car and he has a blue badge. He then received a 'notice to keeper' for a 'failure to purchase a parking tariff'. On the letter it asked to name the driver if you wasnt the driver at the time, so as he wasnt the driver he named me. I appealed the charge and told them we are disabled and explained the situation as above. The appeal was denied, and even more so was totally ignored regarding our disabilities and that we take longer than an able bodied person to access the car and read the signs and understand them. As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us. I cannot afford any unfair charges of this kind as I am severely struggling financially. I cannot work and am a carer for my disabled Son who also has a mental and mobility disability. I obviously do not have any disposable income and am in debt with my bills. So its an absolute impossibility for me to pay this incorrect charge.     After being discriminated by your agent my friend decided to contact 'iceland customer care team' on my behalf and again explained the situation and also sent photos of his disabled blue badge and proof of disability. He asked the care team to cancel the charge as ultimately its Iceland's land/property and you have the power over excel parking to cancel it. Again we was met with no mention or consideration for our disability and no direct response regarding the cancellation, all we was told was to contact excel parking. He has replied over 20 times to try to get the 'care team' to understand and cancel this but its pointless as we are just ignored every time. I believe that Ignoring our disability is discrimination which is why I am now contacting you.     I have noticed on your website that you are 'acting' to ease the 'cost of living crisis' : https://about.iceland.co.uk/2022/04/05/iceland-acts-to-ease-the-cost-of-living-crisis/   If you really are commited to helping people in this time of crisis ..and especially two struggling disabled people, can you please cancel this charge as it will only cause more damage to our mental health if you do not.  
    • rickyleavet
      Claim through officialinjuryclaim.org.uk for PI following RTC Road Rage Incident

      By rickyleavet · Posted

      I've also been in touch via the online portal to the Police's GDPR team, to request the name of the other Driver. Got this response:   Dear Mr. ---------   Our Ref: ----------   Thank you for your request which has been forwarded to the Data Protection Team for consideration.   The data you are requesting is third party, we would not give this information directly to you.   Your solicitor or legal team acting on our behalf would approach us directly with your signed (wet) consent allowing us to consider the request further.   I note the investigation is showing as ‘live’ at this time, we would not considered sharing data for suggested injury until the investigation has been closed.   If you wish to pursue a claim once the investigation has been closed please signpost your legal team to [email protected]   Kind regards   ----------------- Data Protection Assistant    

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Arrow/evershers CCJ+CO over old MBNA debt

reggie76

By reggie76
in MBNA

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reggie76

reggie76

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CCA request acknowledged by Arrow on the 24th of March. Received nothing yet.

 

Emailed Eversheds re. whether CCA agreement has been presented to the court and received these responses:

 

"As a valid Judgment was in place at the time the Charging Order application was made, it was not necessary to present a copy of the original agreement."

So I then asked if it was presented to the court when judgment was applied for and received this response:

 

"As the Particulars of Claim, included in the Claim Form, set out the details of the agreement, it is not necessary to provide a copy of the agreement when issuing the Claim or requesting Judgment. However, had you seen fit to file a defence, a copy of the agreement may have been produced at this time, if necessary."

 

Anyone got any feedback on this, are they avoiding the question?

I want this setaside but not sure if I can do anything until I know if there is a valid CCA available.

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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reggie76

reggie76

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Any comments/advice please?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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sequenci

sequenci

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Hello there.

 

I'm not sure how far requesting your agreement will get you as it seems that judgment was entered ages ago so I can't imagine any judge allowing a set aside after all this time.

 

I note that a charging order has been granted against the property, is there an instalment order granted by the court? If not then I guess the best thing that you can do is apply to vary the judgment and have conditions attached to the charging order such as no order for sale providing you keep up with a monthly instalment?

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reggie76

reggie76

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Oh, that's not good news.

I didn't know my rights and/or realise at the time I could fight a judgement order

I just asked for instalments to be taken into consideration.

 

The judge ordered me to pay the outstanding sum forthwith.

I have tried to negotiate with the creditors through their solicitors to come to some agreement but it's just not happening.

 

As in my earlier post I was under the impression, due to the email from Eversheds, that a charging order had to be in place before an instalment agreement could be set up!

 

This is a mess and I must be able to do something as I think the solicitors have

 

Any advice would be appreciated, surely I can do something?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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42man

42man

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If it was me i'd send a SAR request to the original creditor, if they go for a charging order you can try to get a set aside in but if you admitted the debt in the first place when the CCJ was issued as Sequenci says above you might have a battle.....have you ever claimed back any of the excessive charges at all ?

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42man

42man

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Removal of CCJ's - Step by step guide to the process

 

The OFT are currently investigating charging orders for unsecured credit.....however if you haven't missed a payment so far, then you are keeping to the order....they should not be applying more pressure for a charge...!! I would also report them to the OFT....

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reggie76

reggie76

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Thanks for the feedback. They already have a charging order.

 

I really feel like i've been taken for a ride and also been very naive and just accepted everything.

As previously mentioned I just didn't know my rights and accepted everything that was thrown at me.

 

I have sent an email over to the OFT regarding this but just as info more than an actual complaint.

 

Apart from sending a CCA request and a N245 I haven't done anything else.

 

Should my next step be a complaint to my local county court or do a SAR request to MBNA?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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reggie76

reggie76

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Thanks will do, then what's the next step?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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reggie76

reggie76

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Received a letter for a court hearing on the 1st of June. Bit concerned as the letter says I accepted the debt previously, which I would have done as I had a letter from Eversheds so I assumed it must be my debt and this was before I knew about this site and flawed CCA agreements.

Now I need to get a good defence as I would like to get the charge order removed. I'm going to SAR MBNA today but how will that help me with my court defence?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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reggie76

reggie76

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Won't the court throw that back at me and say I have admitted the debt is mine?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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sequenci

sequenci

Posted
Posted
You cant admit to something that doesnt exist can you?

 

 

Regards

 

David

 

It is not as easy as that, especially when court is concerned. my concern here is that the situation with regards to the judgment debt is quite far along. a set aside MAY be granted if there is a real prospect of success or if the court is satisfied that there is some other good reason why it should be set aside. One thing to consider is that a set aside application needs to be made 'promptly'.

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reggie76

reggie76

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Thanks sequenci, what reasons can I give for a set aside?

 

I have the following reasons for why a charging order should not be in place and be removed or set aside:

  1. The debt is in my sole name, and it is not fair for the whole family to lose their home because of a debt belonging to me.
  2. The welfare of my young children should especially be taken into account. They need stability at school. The effect on my children of moving house should be considered.
  3. My home is currently worth less than my mortgage so the creditor would not be paid off, even if they forced my home to be sold.
  4. I already have payment arrangements in place with other creditors. Other debts are larger than this debt and other creditors have frozen their interest.
  5. I believe my other creditors have been "unduly prejudiced". The courts decision in making a charging order has disadvantaged my other creditors.
  6. I will ask the court to look at whether the interests of the creditors should outweigh the interests of my family. Under The Trusts of Land & Appointment of Trustees Act 1996 the court has discretion to say the family's interests outweigh the creditor's interests.
  7. I have had no proof from the creditors that this debt is mine and has a true signed credit agreement been produced in court?
  8. I am looking to report the DCA and their solicitors to the OFT as they have have a clear legal obligation to deal fairly and proportionately with consumers. This is more important than ever given the current economic climate, when people may already be suffering as a consequence of debt problems. The OFT will continue to use their licensing powers to take firm action to protect consumers where debt collectors engage in oppressive behaviour or practices that fail to comply with their guidance.
  9. The solicitors have continually asked for bank statements, payslips and an income and expenditure form completed and they have no right to demand this especially as I have advised the court of my income and expenditures in the way of a N245.

Any other advice from you guys will be appreciated. I have applied for a true signed copy of the CCA and have now SAR'd the original creditor today.

 

Please help, thanks in advance.

Edited by reggie76

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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boswell

boswell

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Quite a few years ago i was in a similar position with a bank who threatened to take my home if i didn't pay the full amount. I said i didnt think a Judge would look very kindly on you doing that with me having two young children and a disabled wife, plus the fact we had a joint mortgage and that it was my debt and not my wifes. I offered them 50% and said thats all i can afford, if they didnt like it then take me to court. I eventually received a letter from them accepting my proposal.

I cant see any court making a family with young children homeless over an unsecured debt.

If I have been helpful please tickle my scales or better still contribute to CAG.

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reggie76

reggie76

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If my request for a CCA is not received within the 12 working days from when it has been acknowledged can I send an account in dispute letter bearing in mind I have a CCJ and a charging order in place for this debt?

 

In court June 1st so need all the help and evidence I can get.

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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reggie76

reggie76

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If my request for a CCA is not received within the 12 working days from when it has been acknowledged can I send an account in dispute letter bearing in mind I have a CCJ and a charging order in place for this debt?

 

In court June 1st so need all the help and evidence I can get.

 

Bumping!

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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reggie76

reggie76

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Thanks Chris, appreciate the advice but am I able to send them the account in dispute letter if I do not receive the CCA I requested if I have a CCJ & Charging order in place?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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reggie76

reggie76

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Bumping again.

Could this be changed to reggie v Eversheds/Arrow Global

 

Anybody about to help?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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reggie76

reggie76

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Can a DCA apply for a Warrant Of Execution through the County Court for a debt of more than £5k which was for a credit card debt regulated by the Consumer Credit Act 1974?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

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