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    • 3rd Try   STATEMENT OF  I Mr will say as follows:    INTRODUCTION  1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge.   2: There are several documents attached with this statement. (paginated)   3: The agreement was later assigned to the claimant on 29/09/2017 a notice of assignment, incorrectly dated (See Exhibit 1) was sent to the defendant. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit.   4: As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   BACKGROUND   5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank.   6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unaware of what alleged debt the claimant refers.   7: The defendant has requested on numerous times a copy of the CCA, the first time, claimant has replied back on 23/11/2020 (Exhibit 1) with a copy of the agreement and notice of assignment, the agreement being a printed out application form, followed by my another letter containing statements(not enclosed). Defendant then again requested on the 07/12/2020 (see letter attached Exhibit 2) a copy of the CCA, claimant has replied back on the 28th Jan 2021 claiming that the evidence enclosed rebuts defendants defence and encloses a statement and default notice. (Exhibit 3) 8: The defendant stated in his defence that no evidence of the CCA has been provided. 9. The alleged account is £less that £200 over the credit limit but the default notice states that the arrears on the account is £200. Under section  87/88 of the CCA the default notice should not include unlawful fees in it sum requested. 10. The defendant sent a Subject Access Request letter dated 30/11/2021, on writing this witness statement nothing has been received.   DEFENCE:   11: The claimant has not provided a true copy of the CCA despite numerous requests being made firstly in September and secondly on the 07/12/2020 in response to claim despite stating in the letter dated 23rd October 2020 `please find enclosed a copy of the agreement. Should the claimant magically supply some form of CCA at trial, defendant would highlight why this wasn't provided, when requested, on numerous times before trial. Defendant would then highly stress to the court that this is indeed not the true copy of the executed Credit agreement.   12: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974   13: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application. 14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim.   IN CONCLUSION:   15: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork.   16: The incorrect dated Notice of Assignments letters questions the ability of the claimant to maintain correct paperwork and thus the defendant is unsure what paperwork supplied is correct.   17: It is therefore requested that the Claimants Claim is struck out pursuant to the above.   Signed  Dated this day…….      Could you check out this part   "14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim."
    • Please fill out our court claim sticky on this forums homepage.   Dx
    • My site team colleague @FTMDave has now gone through the entire thread – or 238 posts across 10 pages. He agrees that on your first judgement you have claimed too much because you have included the entire cost of producing the rear patio when in fact you have only paid a deposit. Whereas your judgement is for almost £3000, your claim should have been:     £2550 - £2650 + £530 + £355 = £785 remedial work - contract price + deposit + survey = total   And instead you claimed £2905 and got a judgement for that figure for which you have just instructed the sheriffs.   Firstly, this clearly is an unjust result because as shoddy and as brutal as they appear to have been, the judgement should only have been for £795. Secondly, when you began the claim, you paid fees calculated on a claim of £2905 but the true claim fee should have been calculated on a claim of £785. This means that not only have you claim too much in terms of damages but also you have incurred claim fees which were unnecessarily high. In my view this matter needs to be addressed and frankly I think the first thing you should do this you should contact the sheriffs on Monday and tell them there has been an error and tell them to suspend the enforcement. After that are not too sure how to proceed and I have asked my site team colleague @Andyorch for his view about it. On the second claim, you were about to make the same error – but by a far more serious margin. In fact you margin of error was going to take you off the small claims track onto the fast track. Of course none of this has been helped by the failure of Lords to engage with the claim at all. However, the fact that they didn't mount a defence doesn't mean that you were entitled to the judgement which you sought.
    • Hi ref post #176 posted doc, I notice that no date is shown for hearing fee to be paid by? Is this usual for a phone hearing, given current circumstances? Working through lots of success and other posts re witness statements, not easy, "one size does not fit all", will hopefully post tomorrow Sunday. Thanks
    • The Data Protection Act 2018 ['GDPR']  says that any reference provided in confidence is exempt from disclosure under a SAR. This means that if an organisation receives a subject access request confidential employment references , whether created by that organisation or received from a third party, will be exempt from disclosure.   So no, you cannot use a SAR to get a copy of your references, neither from the NHS or from the previous employer who wrote it.
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Cloggy v MBNA - threat of selling debt in dispuute


cloggy
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Hi All,

 

For months now I have been trying to sort MBNA who say that my PPI is not operational.

After a lot of argument back and forth I finally received a copy of my application form showing PPI was requested. They have refused to make any payments under PPI saying its non operational on my account.

 

I cannot afford to make monthly payments as I am not earning.

 

I have told them this and thats why PPI was requested, to cover such an eventuality.

 

I had a call from one of their operatives offering me a settlement figure of about 40% of debt & suggesting I borrowed the money from a family member or elsewhere to pay them and stop them getting DCA involved. They said they are bound by AMERICAN LAW and thats the way they do things!

 

I declined the offer and wrote to them saying to suggest this was illegal and the account is still in dispute until we resolve the PPI issue.

 

They wrote back saying as far as we are concerned it is settled, pay up or else.

 

MBNA have not been taking additional payments for this PPI for some years although they did initially do so. I have no idea why it stopped but assumed that the interest rate charged - higher than other CC's - was covering PPI. MBNA ignores the PPI issue saying they do not belive I am covered even though they admit I have not cancelled it.

They can prove I asked for it but not that its been cancelled.

 

Anyway, I am now in discussion with a manager there who says if I pay them £360 by Monday evening (29th June) they will take a settlement figure of about 30% from me and not sell the debt to a DCA.

 

If I dont pay them the £360 they will sell the debt on Tuesday as time has run out.

 

As I feel that the account is still in dispute can they do this?

 

Any advice or similar experiences please?

 

Cloggy.

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Well MBNA's treat monkeys love to say they are bound by american law which if they were they would be in even more trouble with the law than they are here. They are bound by english law as they are based in chester.

 

Could you post a copy of the cca you recived with your personal details removed as there is a chance the it might be not enforcable. Do not deal with them over the phone send the template letter that says all dealings should be in written format only as they are harassing you over the phone.

 

Also request in writing for a final letter with regards to the ppi so you can take your case to the fsa. Good luck and if you need any help let me know.

The Tally so far in order of appearince:

Intrum Justica

:DNow gone from my life

Metropolition

:DGone and had to repay me 500 pounds

Red(Lowell)

:DCase Closed

Aktiv Kapital

:pWas so sad yo say good bye. Parting is such sweet sorrow.

MBNA :oops::-) No CCA No Debt You lost

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Hi Jobmid,

 

The info received from them is just a copy of a signed and dated application form.

They have stamped it and a signature of sorts is over the stamp - this may just be a recived or an application approved stamp as opposed to anything else!

I have not seen a CCA at all, but the form does shwo that I asked for PPI & communications with them have also confirmed this.

 

I queried the USA Versus UK law and said as you are here in the UK you are bound by UK Law and the response was, well we are bound by and operate under both UK and USA Laws..........I thought bo****ks to that one, UK law prevails in the UK.

 

They are just trying to hide behind & confuse us with this American twaddle.

 

I have fired off al the usual CAG templates to them including write to me dont call me letter.

I have formally complained about two of their people offering me "pay us less now and borrow the money elsewhere deals" but so far the person to whom the last complaint was sent has not replied.

This of course may be because they know they are in the wrong and so they are trying a different approach to me.

 

All I have had is a letter that regretfully, calls are not all recirded so it is impossible to confirm the complaint...........yeah right, i'm stupid enough to swallow that one!

Shame they only record calls that they might find useful, any others are wiped, sorry not recorded.:D

 

Cloggy.

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Hi Jobmid,

 

The info received from them is just a copy of a signed and dated application form.

They have stamped it and a signature of sorts is over the stamp - this may just be a recived or an application approved stamp as opposed to anything else!

I have not seen a CCA at all, but the form does shwo that I asked for PPI & communications with them have also confirmed this.

 

I queried the USA Versus UK law and said as you are here in the UK you are bound by UK Law and the response was, well we are bound by and operate under both UK and USA Laws..........I thought bo****ks to that one, UK law prevails in the UK.

 

They are just trying to hide behind & confuse us with this American twaddle.

 

I have fired off al the usual CAG templates to them including write to me dont call me letter.

I have formally complained about two of their people offering me "pay us less now and borrow the money elsewhere deals" but so far the person to whom the last complaint was sent has not replied.

This of course may be because they know they are in the wrong and so they are trying a different approach to me.

 

All I have had is a letter that regretfully, calls are not all recirded so it is impossible to confirm the complaint...........yeah right, i'm stupid enough to swallow that one!

Shame they only record calls that they might find useful, any others are wiped, sorry not recorded.:D

 

Cloggy.

 

Cloggy,

 

If they're offering you that kind of discount then it's a pound to a pinch of dung that they haven't got an enforceable agreement. I would get that CCA request in the post pronto.

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Hi Jobmid,

 

The info received from them is just a copy of a signed and dated application form.

They have stamped it and a signature of sorts is over the stamp - this may just be a recived or an application approved stamp as opposed to anything else!

I have not seen a CCA at all, but the form does shwo that I asked for PPI & communications with them have also confirmed this.

 

I queried the USA Versus UK law and said as you are here in the UK you are bound by UK Law and the response was, well we are bound by and operate under both UK and USA Laws..........I thought bo****ks to that one, UK law prevails in the UK.

 

They are just trying to hide behind & confuse us with this American twaddle.

 

I have fired off al the usual CAG templates to them including write to me dont call me letter.

I have formally complained about two of their people offering me "pay us less now and borrow the money elsewhere deals" but so far the person to whom the last complaint was sent has not replied.

This of course may be because they know they are in the wrong and so they are trying a different approach to me.

 

All I have had is a letter that regretfully, calls are not all recirded so it is impossible to confirm the complaint...........yeah right, i'm stupid enough to swallow that one!

Shame they only record calls that they might find useful, any others are wiped, sorry not recorded.:D

 

Cloggy.

they are talking drivle as usual. i think its time you start recording your calls and if they call do not answer any of thier security questions. They are only bound by UK law as they have been issued a credit licence in the UK. Their treat monkeys will say anything. fire off the cca request dont sign anything also again request a final letter regarding the ppi as you need to complain about this to them

The Tally so far in order of appearince:

Intrum Justica

:DNow gone from my life

Metropolition

:DGone and had to repay me 500 pounds

Red(Lowell)

:DCase Closed

Aktiv Kapital

:pWas so sad yo say good bye. Parting is such sweet sorrow.

MBNA :oops::-) No CCA No Debt You lost

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Hi Fred and Jobmid,

 

Many thanks for your advice and thoughts, all pretty much in line with my own.

 

I have slept on it overnight and checked all my file notes and letters to them.

 

The account went into dispute in March 2009 and the CCA letter sent prior to this time goes unanswered - apart from the copy of my signed application form.

 

I am going to write to them again today and fax a copy so I know they have it (with of course all ID info off the fax header!).

 

I am putting the account into serious dispute and taking it to the FSO today.

 

As I understand it they cannot then sell the debt to anyone else until the Disupte is settled.

Lets hope my understanding is correct 'cos I'm with you in thinking they have not got a leg to stand on re an enforcable agreement.

 

I'll keep you informed of how I get along.

 

Cloggy.

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cloggy

 

Can you post the aplication form - a lot of MBNA's application forms have the prescribed terms on them so they are enforceable credit agreements - they are not properly executed because MBNA don't see any reason why they should be bothered with tinpot UK regulations, but they do comply with the bottom line on enforceability - MBNA are not actually stupid (well not usually, there are some exceptions :rolleyes:)

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

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NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Steven,

 

Many thanks for your thoughts. Yes, will scan it and post later today or am tomorrow.

 

Meanwhile I have acted on my CPR request and other follow up letters.

As they have sent me the usual "this is our final response to your queries" letter I have taken their advice and now spoken to the FOS.

 

They seem to think I have 2 issues with MBNA.

One is the PPI I asked for and the other is MBNA's interesting approach to suggesting I borrow elsewhere to pay them!

So I will shortly have two sets of forms to fill in for the FOS.

 

Meanwhile I have told the nice people at MBNA by letter and fax, the Ombudsman is looking into it and also took the opportunity to ask why they are still adding charges and interest to the account which is in dispute................like they care!

 

Cloggy.

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Steven,

 

Here is the copy received from MBNA - actual size of copy is 15x11cm so not easily readable - I have attached image as jpg's as well but not much better!

 

Cloggy

 

attachment.php?attachmentid=10230&stc=1&d=1246293495

 

attachment.php?attachmentid=10231&stc=1&d=1246293579

MBNA1.jpg

MBNA2.jpg

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It's OK

 

I con't read it butr I recognise it as a standard MBNA form. The prescribed terms are in the bit marked 'Financial an dRelated Conditions' on page 2. If your signature is on page 1, then this is an enforceable agreement.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Steven,

 

I had thought it probably was enforcable but with the PPI issues ongoing and now with the FOS I am hoping that this will sort things out.

 

Will post more as I know more.

 

Cloggy.

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