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    • Hi BankFodder   Many thanks for your assistance in this matter.   I have decided to commence County Court action against DPD/Parcel2go regarding the lost parcel.   I would just like you to clarify whether which company you recommend me to commence legal proceedings against:   Parcel2go. My contract was made via this company.   Or DPD - This company undertook the contract and are the ones who lost the parcel.   I look forward to hearing from you soon.   Kind Regards Humza
    • I lost my job this jan because work decided not to extend my probabation, so i've been out of work since then. During this time I have made 3 payments of £270 from my own savings and now I am really struggling.   I rang motonova last month before COVID19 started and explained I lost my job and wanted a reduction in the payment but they asked me what my out goings were and told me 'it looks you can make this months payment so we can't do anything etc'   Since COVID19 has started motonova now have this form available to ask for reduction of payments - see https://customer.motonovofinance.com/file/cms/raw/888dda418afb548c00a1afc1cde50704.pdf   Given my weak financial situation can anyone help me with what I put down for these sections of the form so my request to lower or freeze payments stands a good chance of being accepted   1. Is your situation realated to the Coronavirus outbreak? Yes   2. Do you consider yourself to be in a high risk group, if so why?Do you explicitly consent to us recording this information in your account notes? I am no longer employed and have no income coming in. Work have made cuts due to Corona and no longer employed by them I am sorry I wont be able to make payments of £270   3. How much can you pay? I can pay £25 a month   4. What are you proposing, and what help would you like from us? I've lost my job and have no income. I've had to self isolate under the goverment guidelines with my family because my daughter had a cough at school. I've been applying for numerous jobs and have no luck and the COVID19 situation in the country has made the whole situation even worse for me. I request given the financial difficulty I am in that  you please accept my offer   What do you think of my reasons and how can you add or improve them? I really stressed out because my next payment is coming up in 3 weeks and I'm down to my last £400 of my savings and I've no idea how long it will take me to find a job  
    • Hi All   As im new to this site and here for as much advise as possible to help me and a few fellow work colleges regarding a situation with our employer given the current circumstances with the COVID-19 (coronavirus).   Basically since i started working for said company i have never been given my contract or employer handbook to view as when i need to, its always stored inside our boss's office and past staff have been refused to view it when they have wanted to, what i want to know is, is it a legal requirement for a employer to give there employees a copy of there contract/ handbook or is there a clause that can allow him not to?   Also i have currently been in self isolation due to cornavirus and have spoken to our company via email with no reply from them but have heard from colleagues that the work has slowed down, and in the recent email i have sent i spoke about potentially being put on 'furlough pay' if work stops completely. Can he refuse to put certain staff on it and still keep the business open even though there is no work? As well as not providing sufficient hygiene sources given the current climate, would that put him in breach of contract (if could view mine to start off with) ?   At the minute we are stuck in limbo given we are still off in self isolation for another week and he doesn't really care about his staff, what would be the best course to take regarding the matters above??   HELP!    
    • I have been trying to get onto the MCOL site for several days now, it keeps saying that the password is wrong and i haven't been able to get to talk to someone on the phone, i have prepared a defense and its ready to email, just realised today is day 33.   Here it is for your considderation, thank you.   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.Paragraph 1 is noted; I have in the past had financial dealings with MBNA. I am unaware of the alleged agreement the Claimant refers to having failed to adequately particularise its claim and have therefore sought clarity from the Claimant by way of a Section 78 request and a CPR 31.14 request.   2. Paragraph 2 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the Consumer Credit Act 1974 by the original creditor MBNA. I have sought verification from the claimant regarding this matter and they have been unable to comply.   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of 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 (c) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request, 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 my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. 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.   7. 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 confirm that the above facts and statements are true to the best of my knowledge and recollection.
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middenmess

Advice Regarding Default Notice-12 days To Receive!!

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Following on from post 72 on this thread..

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/211244-25-days-late-3-a.html

 

I received one phone call on Sun.20th,Sept. from a Mrs.Snot representing Halifax whose sole purpose in life has been working to perfect her ability to talk over you.

 

Credit where credit is due--she was 'king good at it!!

 

But I was in a good mood so put up with it whilst insisting on making my point which was that they had credited £1k to my account in repaying late charges and interest which as that was my money it was therefore a payment.

 

Mrs.Snot was adamant that that didn't constitute a payment.

 

'What is it then?',I politely queried to which her only reply was that it wasn't a payment.

 

''OK then, but as it was a refund of unlawful charges and interest that reduced the total sum owed, then that would make the calculation of the payments that you are chasing incorrect--can you please recalculate and send me the correct figures?''

 

Mrs.Snot declined to consider this so I just reminded her that the account was in dispute because Halifax had sent only a reconstructed version of my CCA and that all communication had to be in writing --and then put the phone down.

 

Such a simple and easy thing to do,but what pleasure it gives one!

 

Heard nothing until today,7th October when I received a Default notice.

 

It is dated as September 25th and has taken 12 days to reach me having been sent second class by UK Mail. {Assuming of course that Halifax date their letters correctly and post off on same day,but they would,wouldn't they as they are pillars of the community:rolleyes:]

 

Date to remedy by paying just over £100 is before the 16th October or they MAY take the further action set out below but the 'Below' bit says ..

 

'We WILL terminate our agreement with you and close your credit card account xxxxxxxxxxxxxxxxxx'

We MAY take legal proceedings--and/or instruct a DCA'

 

Not too bothered about this as they are just breaking more and more guide lines/rules but would appreciate opinions about ...

 

1] sending out Default Notices by sloooooooooow second class mail via UK Mail and the effect that the then lessened period for remedy would have on many people.

 

2] why isn't a refund into an account considered to be a payment? It's my money,refunded to me but directed back into my account--if it's not a payment towards the account WTF is it?

 

Guess it's letter writing day tomorrow.Subjects to cover to include..

 

Where's my 'true copy' of my agreement.

 

Please send me a cheque for the repayment of the unlawful charges and interest as I don't want it credited to my account.

 

Here's my request for repayment plus CI for 20 years of PPI payments.

 

What don't you understand about 'Account in dispute?'

~

Another refill of my printer ink,methinks!

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Guest Old_andrew2018

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UPDATE

 

Salient bit from post #1 above..

 

Heard nothing until today,7th October when I received a Default notice.

 

It is dated as September 25th and has taken 12 days to reach me having been sent second class by UK Mail. {Assuming of course that Halifax date their letters correctly and post off on same day,but they would,wouldn't they as they are pillars of the community:rolleyes:]

 

Date to remedy by paying just over £100 is before the 16th October or they MAY take the further action set out below but the 'Below' bit says ..

 

'We WILL terminate our agreement with you and close your credit card account xxxxxxxxxxxxxxxxxx'

We MAY take legal proceedings--and/or instruct a DCA'

 

Today,October 15th,I have received another letter posted UK Mail 2nd class and dated as October 9th...

 

We have recently issued a Notice of Default as you are in breach of your contract.--Yes you did,dated as September 25th & received on Oct.7th giving me until 15th October to remedy.

You have failed to repay the requested amount by the date shown on the notice.---Doh! That was today by midnight you said! As a result we have terminated your credit agreement.Etc,etc.....

 

So what do I do now?--Nothing would seem to be the answer,just let them continue to pass it on to a DRA as they have threatened to do and let them continue to hang themselves but I welcombe advice and/or suggestions.

 

In comparison,Barclaycard have now phoned around 40 times over the past 2 weeks,mainly automatic/robotic--[answer phone,say and do nothing, count to 6 and then their auto system disconnects the call] interdispersed with a dozen ''human'' phone calls to which I request the operative's full name [always given so far!] and a copy of their complaints procedure before saying thank you and hanging up.

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Hi MM,

 

Did you keep the envelope in which the DN was sent.

 

I think you have every right to say that the a/c charges refund should count as a payment - if others know differently, I hope they'll say why.

 

We know that these bank peeps hear only what they want.

 

I tend to agree with you - do nothing for now and see what they do next. Have they provided you with a valid credit agreement for this a/c?

 

:)


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Hi Slick-thanks for your comments.

 

Envelope kept -UK Mail 'S', same as was used for original default notice.

 

One sided Application received from SAR seen at post #1 at..

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/211244-25-days-late-3-a.html

 

and request for CAA received same signed application form and

accompanying letter which says...'a copy of your reconstituted version of your current terms and conditions...'

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There was certainly doubt about whether the doc't supplied on the linked thread constituted a valid credit agreement.

 

Did you look into the issue of PPI (there was a suggestion that you were S/E'd which made you ineligible).


We could do with some help from you

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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.

 

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I made successful claims on the PPI [with Halifax and a couple of other cards] when I was unable to work but Noomill has suggested that there might still be a claim for mis-selling to be made which I will probably make just to keep them on their toes.

 

As far as I understand, having the PPI on a credit agreement makes it a multiple agreement with the requirement of having separate prescribed terms which I haven't got and also effects the calculations for the charge for obtained credit which is another debatable point.

 

I was surprised as to how quickly-just two missed payments-they terminated the account--Can I claim a record for this?:D

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