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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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miss muppet

Miss Muppet v MBNA - *** WON + COSTS ***

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Update for everyone - just got a nice fat cheque from Optima Legal. 8) Not sure whether I should be doing anything else? Anyone?

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Fab News Miss Muppet well done.

 

Lets see how my MBNA Court case goes when it comes up.

 

Gaz

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As to what happens next depends on a range of things and we need a bit of information:-

1. Did the Judge make any other orders apart from refusing their application

2. What stage is the case at - you've presumably filed a full defence now - how much is the claim worth? Has it been allocated to track yet.

 

I've got my run in with Arrow on an MBNA strike out on Tuesday


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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well done Miss muppet, :D:cool:

I've just found your thread today,

I'm sure I will enjoy reading it.

kind regards Q.x.


For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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Hi guys, just got back to this, IGNM, my defence went in August 2008, judge ordered detailed reply to it, whcih OL did in December, then they filed for SJ combined with witness statement January 2009, my witness statement February 2009 and hearing was Friday 24th April. Got their cheque yesterday but have not received copy of the court order for their SJ to be dismissed. If I don't get it should I phone the court next week?

Good luck with yours on Tuesday, all fingers and toes crossed.

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oops sorry, just re-read, claim was for just over £2000 with their illegal charges on top, it was small claims, Judge dismissed their application for SJ and made order for costs - nothing else!

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Thanks...

 

You should get Small Claims Track directions - when you get them if you post them we'll have a look

 

I'd be interested to see your defence and their reply


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Congratulations, Miss M - I'd photocopy that cheque before you bank it and frame it - it'll make you smile every time you look at it;):D

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Hi miss muppet

 

And congratulations, very well done.

 

I am so pleased my thread http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/145452-stayingcalm-abbey-no-cca.html has been of some assistance to you. Being my first case I learnt so much from pt and sx20.

 

Anyway, good luck with your case, if Optima Legal have any sense they will discontinue before this gets too much further.

 

Regards

SC

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Sorry, IGNM, can you translate, sorry to be so thick!

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Hi Guys, update on this, I now see what I've got no money meant. Got the practice directions from Judge which pretty much tied the other side up - been working on my witness statement which I will post up later when all this is done. The question I want some help with is that I got a call from Optima Legal yesterday as they had obviously received my witness statement and they offered me an amount to settle the case - £750 to be precise, they say it is a without prejudice offer. I said I wanted to see it in writing, they said they will be sending it to me first class with a consent form and that I have to let them know straightaway because of the dealine for their witness statement - thought after I should have said that was their problem not mine and they could have stopped this at any time as they knew they didn't have the agreement. My question is should I have mentioned 3 years of ppi as well, I didn't counterclaim for this as they didn't produce statements and I didn't have time to dig out mine, or can I go after them later for this or indeed should I bearing in mind the offer? Won't get their letter anyway probably until after I return from work so looks like they could be spending a weekend in the office - I presume I should be asking for default removal as well - any help greatly appreciated.:confused:

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The Barrister told me later that it was her first case where the defendant had turned up, she obviously hadn't met a Cagger before but I'm hopeful she will again in the very near future!!

 

 

Well Done Miss Muppet.

 

You summed it up, i think they have become use to the idea of winning by default. This has made them sloppy with this whole procedures before court.

 

To All Caggers involved WELL DONE

 

knowledge is power....

 

Trooper68


Trooper68:)

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I think Optima know they're on to a loser if they are offering to settle:)

 

Did MBNA supply you with the application form and did it have any prescribed terms, if you don't mind me asking?

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Hi underdog, just got in. They admitted they didn't have the application form early on and firstly supplied 6 pages of the terms and conditions to my CCA request, of course unsigned and then later when they applied for summary judgement they supplied 1 page of the t & c's (back and front) and one blank application form so really they were stuffed. They have obviously sent me something by special delivery which I have missed and will have to collect tomorrow, you are right, they must be worried!

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They also had the evidence of my raising court action in 2005 to reclaim penalty charges and he said surely I would have to admit that I knew that there had been an association between myself and the company and I said that it was true that I had reclaimed penalty charges when I got into trouble due to my illness,

 

Hi Ms Muppet.

 

Well done on your case and glad to hear that the cancer is in remission.

 

I am concerned about the impact that your claim for unfair charges may have had on your case. A lot of us on the site, fighting the same fight, are going it all in one go. Reclaiming charges and following the CCA route at the same time.

 

Do you think that claiming charges at the same time is effectively stating that you acknowledge the agreement?


Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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Hi MM,

 

they offered me an amount to settle the case - £750 to be precise, they say it is a without prejudice offer.

Are they offering to pay you or is this what they'll accept as a F&F settlement from you.

 

Are there charges on the a/c which you're reclaiming.

 

You should be in no hurry to make your decisions - as you say, they could have dropped the case at any time before now.

Edited by slick132
typo

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No I don't DJ because as I said to the Judge I did not know my rights at that time under the Consumer Credit Act 1974. In my case and as I know many other caggers have found MBNA do not fight fair. When I was requesting information they made life as difficult as possible by replying to me with a different account number and when I made a complaint to the ICO, they gave an alternate reason to that stated on their first witness statement plus they told the ICO they had not passed the account to a DCA when they had. This is why we also have the new Consumer Protection Regulations enforceable since May 2008 - one of the quotes from Susan Edwards, Head of Credit Investigations and Enforcement,OFT is very clear:

Therefore it is misleading to state,when complying with a section 77 or 78 request, that the debtor has signed or would have signed (or similar) the enclosed agreement where the debtor has not done so. From 26th May 2008 such a statement will be a breach of the Consumer Protection from Unfair Trading Regulations 2008(CPRs). Reg 5 of the CPRs states that a commercial practice is a misleading action if it contains false information in relation to the main characteristics of the procduct (amongst other matters) and is likely therefore to cause the average consumer to take a transactional decision he would not have taken otherwise. The product in question is the credit agreement and the main characterisitics include the 'executiion of the product' Reg 5(5)(d) of the CPRs).

 

Telling a consumer that he signed such an agreement is also a misleading statement about his rights and the risks he might face as covered by Reg 5(4)(k) of the CPRs. It is our view that it is likely that a consumer will take a transactional decision to make a payment under the credit agreement or to refrain from exercising his rights under the agreement as a result of being misled about whether he signed it.

 

Breach of Reg 5 of the CPRs is a criminal offence under Reg 9 and can also be enforced under part 8 of the Enterprise Act 2002. Under sec218A of the Enterprise Act, where an application for an Enforcement Order is made the court may require the Respondent 'to provide evidence of the accuracy of any factual claim'(such as a claim that a debtor has signed a credit agreement.

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Thanks for the info.

 

Would you say that my experience here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/204259-warned-help-please.html would be argued under the CPR's?

 

Thanks for your time and advice.


Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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Hi Slick, sorry replies crossed. Like you wondered whether I had heard right afterwards but as she used the phrase without prejudice and I had to sign a consent form, I think I heard right first time, cursing now that I missed the special delivery but will go out first thing tomorrow and collect it - after the Judge dismissed their application for summary judgement, the order that came out from the court said that we had to exchange witness statements together with case reports and statutory provisions not to include evidence already filed by the 15th, plus the claimant had to pay a fee of £150 by 2nd July and the claimant had to lodge a case summary with an indexed and paginated bundle by 27th August.

 

The way I look at this nothing ventured nothing gained, if by any chance they meant a FF offer well I've lost nothing because I have said I want to see the offer in writing and I would not agree to that anyhow plus I have made sure I sent a copy of the 2nd witness statement to court so they know I have complied whereas as yet no witness statement from them altho this might be the Special Delivery!! Anyway, the saga to be continued..//.... off to get an early night so can pick up mysterious bundle tomorrow!!

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Miss M

 

Do ou have a reference for your quoye from the OFT? It would be very useful to a lot of caggers.


Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Hi MM,

 

I'm still not clear as to whether they are offering to repay charges to you or offering you a F&F figure for you to settle their claim.

 

Please confirm further when you collect the SD letter.


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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Hi Slick, no neither was I until I hot-footed it to Royal Mail this morning for their special delivery, needless to say made sure my signature was different and Optimistic Legal are living up to their names, this is why it is so important to get everything in writing - I know what I heard but here is the gist of their letter:-

WITHOUT PREJUDICE

 

Dear M (My christian name used here - ha ha best mates not!)

 

MBNA Europe Bank Ltd v Yourselves (eh - there is only one of me!)

I write further to our telephone conversation today.

 

As discussed my client has instructed me to propose a without prejudice offer based on the following terms

 

- You pay 40% of the principal debt, being £750.00

- The amount be paid in full by 30th June 2009

 

This offer will remain open and valid until the close of business on 12 June 2009, as discussed, if the offer is rejected I will need to prepare and file my evidence at the court in accordance with the court order dated 20th May 2009

 

I await hearing from you.

 

One thing here dear Optimistic Legal the order was for witness statements to be exchanged by 15th June, no sign of yours yet is there? The court know I have complied because they have a copy. Another thing is in relation to your offer - go forth and multiply!

 

Seriously Slick, there were no charges involved other than the usual penalty charges which I got refunded into the account early on before the cases were stayed. The only other thing is PPI which I had thought until I got my statements organised were from the whole period of the account but it turns out have only been applied for about 3 years.

 

I am still confident of my case and feel I have plenty of evidence to prove they have abused court processes.

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hiya MM abuse of court process hehe watch my space come monday i will be filleting them


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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