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


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      sent debt by bwlegal for over £3000

      By student145 · Posted

      I live in a student house, with 5 tenants, unihomes is our utilities provider, who we each have a direct debit set up with and have paid each bill every month. Two letters were sent in my name by BWLegal saying I had two outstanding payments due adding up to over £3500, I have tried to contact british gas (as that is apparently our houses provider) as well as Unihomes. Nothing has helped and BWlegal are pursuing legal action if these debts are not resolved by the 1st May. What do I do? I've called Bwlegal when i bring up that the debt isnt for me and for unihomes they hang up on me. so I am stressed and do not know what to do
    • dx100uk
      Recording audio in health conversations

      By dx100uk · Posted

      cant do either if its not in a public place or on your land. dx  
    • dx100uk
      Caught fare evasion in tube station

      By dx100uk · Posted

      scared of what? you simply jumped at turnstile.... it's not a prison sentence and done very doubtfully of any criminal. exuberance of youth stupid act at very very worst it will be a warning letter if anything ever happens ..means nothing going fwd. dx          
    • dx100uk
      Alliance ANPR PCN - overstay 11mins - appeal refused - Harlyn bay, Padstow Cornwall

      By dx100uk · Posted

      statute of limitations act 6yrs
    • Seven77
      Caught fare evasion in tube station

      By Seven77 · Posted

      Hi, everyone. I received a letter from TfL investigator/Prosecutor. The letter reads as follow:   ''Thank you for responding to our enquiry letter. Your comments will be taken into consideration when reviewing whis case and we will contact you as soon as we have reached a decision. TfL now consider prosecution against passengers who are in breach of all TfL byelaw offences and I must inform you that further legal action may be taken. TfL byelaws can be found at ... Please do not hesitate to contact me if I can assist you further.''   The letter was sent 23 days after I replied to them. Should I send another begging letter to IAP? I'm extremely scared now. Thanks all.

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

AK Claimform - MBNA card 'debt'

MeeBroke

By MeeBroke
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citizenB

citizenB

Posted
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Date of issue = 22 March 2013 + 5 for service = 27 March 2013 + 14 days to acknowledge = 10 April 2013 + 14 to submit defence = 24 April 2013.

 

Timeline as above ^^^^^^^^^^ :)

 

CPR now sent to solicitor via Special Delivery (£7!). What happens now? What are the relevant time scales etc? Thanks MB

 

You have a little bit of time in hand. You are early with your AoS and CPR - what time have we given them to respond to CPR.. 7 or 14 days ? If you havent received a response by say, 15th April, we can think about what you need to do.

 

Meanwhile all you can do is have a read round the forums as to what tricks MBNA get up to in order to be ready for them.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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MeeBroke

MeeBroke

Posted
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Posted
You have a little bit of time in hand. You are early with your AoS and CPR - what time have we given them to respond to CPR.. 7 or 14 days ? If you havent received a response by say, 15th April, we can think about what you need to do.

 

Meanwhile all you can do is have a read round the forums as to what tricks MBNA get up to in order to be ready for them.

 

Thanks CB Do you think it's to my detriment that I responded so early? We mentioned 14 days in the letter. I've done LOADS of reading on here, so have a pretty good idea of what to expect. Ok, I'll sit tight and see what happens. Many thanks again. MB

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citizenB

citizenB

Posted
Posted

Sorry do you mean acknowledging service ? No, not at all. They will be aware that you are intending to defend now which will do no harm. I would say that they need to have responded to you by the 15/16th - which gives you time to request an extension of time should they not come up with the goods :)

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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MeeBroke

MeeBroke

Posted
  • Author
Posted
Sorry do you mean acknowledging service ? No, not at all. They will be aware that you are intending to defend now which will do no harm. I would say that they need to have responded to you by the 15/16th - which gives you time to request an extension of time should they not come up with the goods :)

 

Excellent, thank you.

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Dotty50

Dotty50

Posted
Posted
Sorry do you mean acknowledging service ? No, not at all. They will be aware that you are intending to defend now which will do no harm. I would say that they need to have responded to you by the 15/16th - which gives you time to request an extension of time should they not come up with the goods :)

 

Hi CB, MeeBroke did manage to do the AOS on an ipad instead (see post 39)

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MeeBroke

MeeBroke

Posted
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Hi CB, MeeBroke did manage to do the AOS on an ipad instead (see post 39)

 

Yes, sorry to confuse anyone with my panicy posts. All good though. AoS sorted online yesterday and CPR sent SD today. Holding until 14/15 to see what happens next. Thanks both MB

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citizenB

citizenB

Posted
Posted
:thumb:

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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citizenB

citizenB

Posted
Posted

http://www.consumeractiongroup.co.uk/forum/showthread.php?387265-Bar-Council-publishes-guide-for-LiPs&p=4192971&viewfull=1#post4192971

 

You might want to have a read of the guide in the link above - it might give you some ideas for if the claim does indeed proceed to a hearing.

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

Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Old Cogger

Old Cogger

Posted
Posted
Quick update to say i haven't heard a word from anyone-not Aktiv, the court, the solicitor. No confirmation of my AoS or receipt of my CPR.

 

MB

 

like me waiting CPR request docs, also issued N244 for docs or strike out still no reply from anybody? seems to me but I may be wrong A.K. go to court with no actual evidence?

:mad2::-x:jaw::sad:
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Dotty50

Dotty50

Posted
Posted

There isn't anything due from the court as the AOS was submitted online and the next step would be your defence. (Do check online to ensure that it shows the AOS)

 

Nothing from Aktiv or their solicitor, what a surprse! :wink:

 

You sent the CPR recorded delivery? If so, just print the confirmation of receipt off the Royal Mail website.

 

I agree with Mike that AK like many others, issue claims without having their paperwork in order because they rely on people not defending and therefore getting a judgement by default.

 

I would be preparing a defence now on the basis of not having had a response to your CPR request, it can always be amended.

 

It takes time to do one, you can cut and paste from others, to suit your position but you must understand everything you are submitting. I spent many hours reading others on here and was very unsure how to proceed but I got there in the end with lots of help.

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citizenB

citizenB

Posted
Posted

When are you due to submit your defence ?

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Dotty50

Dotty50

Posted
Posted
Date of issue = 22 March 2013 + 5 for service = 27 March 2013 + 14 days to acknowledge = 10 April 2013 + 14 to submit defence = 24 April 2013.

 

Timeline as above ^^^^^^^^^^ :)

 

You gave MeeBroke the dates CB! :oops:

 

Although, with the amount of posting you do, I'm not surprised that you forget! :-)

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citizenB

citizenB

Posted
Posted
You gave MeeBroke the dates CB! :oops:

 

Although, with the amount of posting you do, I'm not surprised that you forget! :-)

 

:doh: Good thing I have you watching over me, Dotty :lol:

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

Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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citizenB

citizenB

Posted
Posted

Ok, if you haven't received anything say by Monday, 15th. We will start thinking about whether you want to contact them for an extension or start working on a defence with what you have :) It can always be amended if they should suddenly provide you with information.

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

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Dotty50

Dotty50

Posted
Posted

Try and find some others that have dealt with Aktiv too, then you will get an idea of their tactics.

 

I think I've had a couple of letters from them in the past but nothing heavy........................so far!

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MeeBroke

MeeBroke

Posted
  • Author
Posted

Spoke too soon! Envelope received today from solicitor via normal post I.e. they have no idea wether or not I even got it!

 

Includes:

 

Photocopy of 'CCA' that I have seen before

Copy of 'letter of assignment MBNA to Varde

Same Varde to AK

Photocopy of default notice

 

Haven't had a chance to compare copy of DN with my original but at first glance, still seems defective.

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citizenB

citizenB

Posted
Posted

So this has been assigned twice ?

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Uploading documents to CAG ** Instructions **

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Old Cogger

Old Cogger

Posted
Posted
Spoke too soon! Envelope received today from solicitor via normal post I.e. they have no idea wether or not I even got it!

 

Includes:

 

Photocopy of 'CCA' that I have seen before

Copy of 'letter of assignment MBNA to Varde

Same Varde to AK

Photocopy of default notice

 

Haven't had a chance to compare copy of DN with my original but at first glance, still seems defective.

 

 

all suspect no doubt, as they tend to respond under section 77/78/79 not actual section 61 (actual copy if they had one) hoping you give up no doubt?

:mad2::-x:jaw::sad:
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MeeBroke

MeeBroke

Posted
  • Author
Posted

Ok, so I've had a better look:

 

Default Notice:

 

They have indeed sent a copy of the original DN.

 

From my original thread:

 

DN dated 4 December, rectify date 21 December.

 

4th December was a Friday. Sent second class would mean service was on the 10th December.

 

14 days from the 10th is the 24th December= Faulty, yes?

 

Notice of Assignment:

 

I have never had any letter from MBNA stating that they sold on.

 

The solicitor have included copies of 2 letters:

 

The first is a letter from Experto Credite sent in 2010 informing me that my account has been purchased by Varde.

 

The second is a letter from Aktiv Kapital sent in 2012 informing me that they have purchased the account from Varde.

 

 

How should I proceed (and thanks in advance for your help!)?

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citizenB

citizenB

Posted
Posted

Yes, they have shorted you by 3 days to remedy the breach. The 14 days is mandatory, so not a de minimus issue - See Harrison v Link.

 

Sadly the NoA can come from either the original creditor or the purchaser of the account.

 

It is a bit of a puzzle why they would then sell the account on within their own group ?

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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MeeBroke

MeeBroke

Posted
  • Author
Posted
Yes, they have shorted you by 3 days to remedy the breach. The 14 days is mandatory, so not a de minimus issue - See Harrison v Link.

 

Sadly the NoA can come from either the original creditor or the purchaser of the account.

 

It is a bit of a puzzle why they would then sell the account on within their own group ?

 

Thanks CB. I'm familiar with Harrison v Link. I too have kept meticulous records. Every single document received or sent in reply.

 

I assume I need to prepare and enter a Defence?

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