Jump to content


  • Tweets

  • Posts

    • I got a letter saying the police have not received my form, license that I had to send off for 3 points, I have paid the £100 aswell, I sent the license off and form, on the 12th of November, and it got there on the 15th of November, it was signed by the court and it was photographed, for proof..   The letter states I have  an extra 7 days to send it in.. received the letter on the 24th of November...   what happens next? I cannot phone the number on the letter until Monday, its a Monday-Friday helpline...   The last thing  I want is them at my door for arrest, or even banning me from driving...
    • 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:       And instead you claimed £2905 and got a judgement for that figure and 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 claimed 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 is that you should contact the sheriffs on Monday and tell them there has been an error and tell them to suspend the enforcement. After that I'm 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 your 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
  • Recommended Topics

  • Our picks

  • Recommended Topics

Is my online Virgin MBNA CCA enforceable?


pmf1977
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4501 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello

 

the CCA MBNA sent me is here - www.paulflint.co.uk/mbnacca.jpg

I am trying to find out if it is enforceable.

It was an online application.

The credit limit isn't stated, does this matter?

Details of how to cancel, it states details will be sent to me is this okay?

The interest rate appears to be the APR.

 

Do any of these make the CCA unenforceable or are there any other things that will?

 

thankyou in advance for your time and help.

 

I have read so many forums and I can't quite relate everything to my agreement.

Edited by pmf1977
Link to post
Share on other sites

Have you had a look here ?

 

http://consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

 

Also, Have a look at these links which may help you decide on the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

Consumer Credit Agreements

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper 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.

Link to post
Share on other sites

thanks for the reply

I have read through pages and pages of forums but am still unsure.

My main concerns are:

 

1. 'my right to cancel' the details for this are in a seperate box to the title.

 

2. I have read that the APR is NOT the actual interest rate charged.

 

3. I cannot see how the illustration they give calculates correctly with the apr and other interest rates given.

Link to post
Share on other sites

thanks for the reply

I have read through pages and pages of forums but am still unsure.

My main concerns are:

 

1. 'my right to cancel' the details for this are in a seperate box to the title.

 

2. I have read that the APR is NOT the actual interest rate charged.

 

3. I cannot see how the illustration they give calculates correctly with the apr and other interest rates given.

 

 

Hi Pmf

 

Firstly you have left your reference number on this, i would advise you remove your details and repost it.

 

Just one things when did you take the card out.

 

 

Gaz

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...