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    • Updated, in bold, my apologies.   1. The Defendant contends that the Particulars of Claim are vague and 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.   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. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I have had past financial dealing with HBOS but I do not recognise any details of the agreement number referenced. The Claimant fails state what type of credit this agreement relates to in their vague particulars of claim.    3. On receipt of the claim form, the Defendant sent on date 28 August 2020 a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date 28 August 2020 a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply.   4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and 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  (c) 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. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. 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 82 A of the consumer credit Act 1974.    8. 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 would suggest a couple of extra bits -   Dear Sirs please note that in July 2019 I lived at xxxxx but my current address is xxxxx. I would suggest you tell your client to either employ people with a modicum of common sense or intelligence or buy a better ANPR system that is capable of recognising a simple reg number error. On the day in question payment was made via the RingGo app according to the enclosed receipt.   A simple cursory cross-check of vehicle parking payments versus the ANPR records would show that Premier Park Ltd received payment for parking of a vehicle not detected by the cameras.   The timestamp of this payment coincides with the time when the vehicle specified above was picked up by ANPR.   No money was refunded so Premier Park Ltd have already been paid for the parking used on the day.   Their records should be updated accordingly.  If required I would provide this evidence in court to demonstrate that Premier Park Ltd have been paid for vehicle parking on the date in question and that the claim arose only due to an administrative error.   Your client have suffered no loss for which to pursue me.  I'm sure you're aware of the term “de minimis”. I also point you to new Appeals Charter from their supposed independent organisation the BPA, whereby they state ...this will remove many of the perceived and real injustices, for example, a permit falling off a dashboard or a simple keying error. I could do with financing a winter holiday so if your client wishes to proceed to court with this matter I shall enjoy obtaining a full costs order for unreasonable behaviour under CPR27.14(2)(g). Regards COPIED TO Premier Park Ltd.   As you've never told Premier Park your new address it's not impossible that they might try to resurrect this claim in future and send the court papers to your old address and you'd know nowt about it.  Another reason for also sending the letter to Premier Park is that this fleecing isn't confined to PPC v motorist, unscrupulous solicitors are quite willing to start court action even though they know their client will lose to get the £££ in. I've also been a bit more abusive to show them you're not frightened of their threats 😉      
    • Hi all   On checking my credit file, I found a CCJ from ASSET LINK CAPITAL. Upon checking with the court, they have sent the POC to me by email which states:    The particulars of the claim are:  THE CLAIMANT CLAIMS THE WHOLE OF THE         OUTSTANDING BALANCE DUE AND PAYABLE UNDER AN AGREEMENT REFERENCED 4929107********  AND    OPENED EFFECTIVE FROM XX/XX/2000. THE        AGREEMENT IS REGULATED BY THE CONSUMER       CREDIT ACT 1974, WAS SIGNED BY THE DEFENDANT AND FROM WHICH CREDIT WAS EXTENDED TO THE    DEFENDANT. THE DEFENDANT FAILED TO MAKE      PAYMENT AS REQUIRED AND BY **/12/2015 A      DEFAULT WAS RECORDED. AS AT 30/09/2016 THE   DEFENDANT OWED BARCLAYCARD PLC THE SUM OF    809046. BY AN AGREEMENT IN WRITING THE       BENEFIT OF THE DEBT HAS BEEN LEGALLY         ASSIGNED TO THE CLAIMANT EFFECTIVE           30/09/2016 AND MADE REGULAR UPON THE         CLAIMANT SERVING A NOTICE OF ASSIGNMENT UPON THE DEFENDANT SHORTLY THEREAFTER. AND THE    CLAIMANT CLAIMS- 1. 81**** 2. INTEREST       PURSUANT TO SECTION 69 COUNTY COURT ACT      (1984) AT A RATE OF 8 % PER ANNUM FROM       30/09/2016 TO 14/02/2020 OF 208571 AND       THEREAFTER AT A DAILY RATE OF 171 TO DATE OF JUDGMENT OR SOONER PAYMENT. DATE 14/02/2020                                                 The claimant details are:  ASSET LINK CAPITAL (NO5)  LIMITED   The claim amount details are:   Amount Claimed  £10***.17 Court Fee  £457.93 Solicitor Costs  £100.00 Total     £10***.10   The claimant solicitors’ details are:   KEARNS SOLICITORS BRECON HOUSE 3 CAERPHILLY BUSINESS PARK CAERPHILLY CF83 3GQ Telephone: 0292 0808668 Reference: 4929107***********   I've removed certain info to try and provide some anonymity, I hope that doesn't muddy anything.   The CCJ was obtained by default after they wrote to my old address.   Back in 2015, I CCA'd Barclaycard and they sent a standard response with reconstituted EGG T&C's which state 'Applicable to customers who applied from 01 October 2001'.  As the POC confirms, I opened the account in 2000, before the supplied T&C's would have been applicable.   It also included a Barclaycard Credit Card Agreement with my details filled in (including my address in 2015, not in 2000)   I stopped payments at the time of sending the CCA.   I haven't made any payments since (though I appreciate it's not SB)   I want to apply for it to be set aside and would appreciate any help in what to use as a 'draft defence'   I don't believe that Barclaycard complied with the CCA request so would the account have been effectively in dispute since 2015?  If so, would it be wise of me to supply a draft defence along the lines that I wrote to Barclaycard in 2015 and consider the account to have been in dispute since that time?   My goal is to try and keep any application to set aside simple..    Alternatively, would it be better for me to simply state that without any documentation from the creditor, it's impossible for me to set out a complete defence and ask the DDJ to be set aside along with an order for the Claimant to provide all the necessary documentation?   Thanks in advance!    
    • Good afternoon Everyone,    Im new here and was advised to come here to try to help get some answers!   I recently received a letter from Lowell about some debt that is roughly 5 years old now.    It’s for EDF energy and capital one credit card both on the same claim form?   im not sure it’s even a legit claim form but how would I know?   I just don’t know what to do about it ? Ignore it or contact them?   thank you all In advance.     
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Rizel23 Vs Virgin (MBNA)


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Well this has been ongoing, so story so far;

 

Letter requesting CCA sent 02/06/2009

 

The Consumer Forums

 

No Response (Recorded 1st Class)

 

Account In Dispute Letter Sent 23/06/09 (Recorded 1st Class)

Account In Dispute

 

On 02/06/2009 I made a formal lawful request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on 23/06/2009 .

 

No Response

 

Endless phone calls to which all have been ignored to to wanting everything in writing (as previous letters stated)

 

Today i receive this;

 

http://i37.tinypic.com/rh9361.jpg

 

Can anyone advise on next step please, thanks

 

 

 

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It's not a Default Notice, it is a 'Notice of Default' which they must send you when your a/c goes into arrears. Send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

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  • 2 weeks later...

Finally had something back from Virgin\MBNA today!

 

It looks a bit of a mess, and can not read to be honest, can people have a look and see what you think?

 

Things that strike me off hand is that you can not even read the actual agreement, the 2 & 3rd links are from same page with credit limit on back. The first link i think is a copy of an agreement from same time as when i applied, but as i can not read original 100% toconfirm.

 

Thoughts very welcome, thanks!

 

http://i33.tinypic.com/muew54.jpg

http://i37.tinypic.com/18gqxi.jpg

http://i36.tinypic.com/2yoo9on.jpg

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It seems to contain all the prescribed terms so would be seen as enforceable I'm afraid.

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can anyone please offer me some thoughts? thanks!

 

Ok this appears to be a scanned copy as MBNA dont do agreements, they scan and shred normally.

 

They've managed to cut the heading off whilst scanning and if you want a techincal breach I suppose it is one in the fact what kind of credit agreement is it? It only refers to being under CCA1974 not what kind of agreement it is... possibly why they have included the other agreement which has the correct heading on it and properly scanned.

 

Not an argument I would like to try to be honest and it does have the prescribed terms albeit ineligible in places.

 

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thanks for the replies.

 

Yes the 3rd link contains what appears to be the credit limit on a separate paper, so my argument at the moment could be along the lines of;

 

a) is difficult to read

b) not clear what I'm actually applying for & agreeing to

c) no credit limit on page

 

Should i request to see the original and offer to pay reasonable costs to do that?

 

thanks

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  • 2 weeks later...

Hi everyone.

 

Right I'm going to write to Virgin\MBNA thanking for suplying the correct paper work ect, but asking them why it took nearly 4 months for them to do so.

 

As i sent a account in dispute letter which they received, would i be within my rights to request they refunded interest and charges they put on the account whilst in dispute and come to a repayment plan? I've just got a job thank the lord so still in hardship but able to make some payments ect

 

thanks

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  • 3 months later...

Do you have the envelope? If so, what's the postage on it?

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Then by my calculation the DN is one day short. The DN is dated Mon 8th Feb, allow 4 days for service + 14 days to remedy & the remedy date should be the 26th. ;)

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oh, i thought you only counted working days i.e monday-friday? not to worry, in safe place now till termination :-)

 

but from royal mail it states delivered by 3rd working day?

 

http://www.royalmail.com/portal/rm/jump2?mediaId=400030&catId=400028

 

i did not receive till today on the 4th day after posting from 8th February.

Edited by rizel23
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Thats Royal Mail, not TNT or UK Business Post either way the court deems second class post as 4 days anyway.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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  • 3 weeks later...

seems Virgin\MBNA have now sold the debt to these people;

 

http://i47.tinypic.com/14diwph.jpg

 

I have found this letter, if modified would it be acceptable to use to send to MBNA\Virgin? I shall remove the part about contacting solicitors ect

Re account no xxxxxxxxxxxxxx Unlawful Rescission.

 

I refer to your Default Notice dated xxxxxxxxxxxx 2009, posted second class and received by me on xxxxxxxxxxxxx 2009, and your subsequent actions confirming your previous written intentions to terminate the agreement.

 

Notwithstanding that the default notice failed to give me the required statutory time in which to seek legal advice and/or remedy any alleged defect, as laid out in s87 of the CCA 1974. Your actions have resulted in insufficient time for me to even obtain an appointment with a solicitor let alone remedy the alleged default. The default amount is also grossly misstated. Your actions have lead to you unlawfully rescinding the agreement.

 

By way of this letter, I accept your unlawful rescission of the agreement I note that you are now entitled to claim those arrears genuinely due at the time of the termination (not including any unlawful charges ) and I would be obliged if you would advise me of the exact amount of those arrears, against which will be a claim for unlawful rescission

 

I look forward to hearing from you.

 

Yours faithfully

 

 

thanks

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That's fine. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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  • 3 weeks later...

Above letter was sent to MBNA\Virgin and heard nothing back, was sent 1st Class Recorded :-)

 

Second letter from these people now;

 

http://i39.tinypic.com/11rt3e0.jpg

 

should i just forward them a copy of the letter i sent to MBNA\Virgin accepting accepting there unlawful rescission to shut erm up?

 

thanks

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Above letter was sent to MBNA\Virgin and heard nothing back, was sent 1st Class Recorded :-)

 

Second letter from these people now;

 

http://i39.tinypic.com/11rt3e0.jpg

 

should i just forward them a copy of the letter i sent to MBNA\Virgin accepting accepting thereunlawful rescission to shut erm up?

 

thanks

 

They lie... you have a third option... ignore :-)

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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  • 1 month later...

Hi Rizel

 

OMG - I just had a look at your agreement! :eek: it is exactly the same as my OH's INCLUDING THE DATING STYLE!!

 

I noticed it because my OH does not write his dates like that, i.e. with a dot between the digits...and I noticed your agreement also has exactly the same dots!!!:shock: I know my OH would never sign something without dating it...so it looks like they've grafted his signature onto an agreement and the Jonathan person (who also signed on behalf of the lender on my OH's agreement too) dated it himself...otherwise no other explanation of how the dating on yours looks the same as the dating on my OH's.

 

Any update on your situation?

 

Red

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Default Notice was defected and accepted unlawful termination.

 

They have sold to DCA who i have ignore, they don't even call anymore and have just sent one letter with 'may' and 'could' court action, just leaving for time being, will probably chase up this account next month

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  • 3 months later...

Can anyone please look at letter i received from Experto advising that they had bought the interest and outstanding balance on my MBNA account.

 

I subsequently sent MBNA a letter of Unlawful Rescission on my account with them due to faulty DN.

 

Today i received this from Experto, nothing unusual as had a couple similar, but this one struck me as it refers to acting on behalf of MBNA and mentions them as a client? I though letter i got of them in post number 19 said they had bought debt and were legal own? Anyhow here it is:

 

http://i35.tinypic.com/zmmrvc.jpg

 

Should i advise them now of the faulty DN notice and letter of Unlawful Rescission sent to MBNA? I would also send letter requesting no doorstop callers and mybe a letter advising that any litigation would be defending on the back of the faulty DN? thanks

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