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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   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. 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. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/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 © 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. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for 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 also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. 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.   9. 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 understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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nickformbristol

Letter from Mercantile Data Bureau (HELP NEEDED)

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Hi I can anyone help me, i have just received a recorded delivered letter from the above saying the following :

 

You have chosen to ignore my resent letter (which i did as i thought they were Phishing) This is disappointing as i wanted to give you opportunity to resolve this matter without the need for legal action.

 

On investigation, i have concluded that you are the owner of the above address property, title number etc. etc. copy of register enclosed.

Also, please find enclosed copy of agreement and further supporting documentation to confirm this is your dept.

I require you to contact me as a matter of urgency to discuss clearing this balance. Non contact will result in your file being passed to direct legal and collections litigation department to enforce a charging order on your property and also may entail a county court judgment with an attachment of earnings through your employer.

 

I will hold this file until etc.etc if no contact or payment has been made i will have no option but to instruct legal proceedings .

 

The docs they have enclosed are a Credit agreement and various different utilities bills.

 

I am really worried about this and don't know what my next move should be please can someone help!

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please find enclosed copy of agreement and further supporting documentation to confirm this is your dept.

 

Can you upload this document (minus personal details so that we can see if it is valid

 

Non contact will result in your file being passed to direct legal and collections litigation department to enforce a charging order on your property and also may entail a county court judgment with an attachment of earnings through your employer.

They cannot enforce a charging order without going to court first. That statement above is misleading

I will hold this file until etc.etc if no contact or payment has been made i will have no option but to instruct legal proceedings .

 

The docs they have enclosed are a Credit agreement and various different utilities bills.

 

I am really worried about this and don't know what my next move should be please can someone help!

 

 

have a look at this thread ( a few months old but relevant)

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186281-mercantile-data-bureau-ltd.html

 

See if there is anything in there that could help

 

fox


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I take it the agreement and 'all supporting information' are compliant?

 

and as foxy says:

'Non contact will result in your file being passed to direct legal and collections litigation department to enforce a charging order on your property and also may entail a county court judgment with an attachment of earnings through your employer.'

 

is utter nonsense

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Yes all doc's seam to be compliant albeit photocopies, i am unsure if the credit agreement should be genuine to be vaild.

 

What can they do to me, cos i am ****ting myself i don't want charging orders on my house.

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Have you heard from any creditors that MDB are acting on their behalf? In other words do they have the authority to take the actions they taking and threatening?

If you haven't heard of them or from them then I would tackle this issue first. You will have to do this on a creditor basis.

 

 

Sound like nice people ... perhaps I'll get to meet them one day ...:)


I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Mercantile Data Bureau is part of the FACCENDA GROUP.

 

Other companies in the group are Hillesden Securities, Direct Legal & Collections (DLC) etc

 

The Faccenda Group are poultry farmers!

 

However, clearly there is much more money to be made out of harassing consumers, than being chicken pluckers!

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Event Details

Licence Details:

Licence/Application Number Licence Status Applicant/Holder Name

0545676 Current Mercantile Data Bureau Limited

 

Event Details:

Event Number Event Type Date of Receipt Closed Date Status

2 Variation 22-Aug-2008 04-Nov-2008 Completed

 

Licence Event Details:

Address Type Address Action

Principal Place Of Business Direct Legal & Collections, Buckingham Road, Brackley, Northamptonshire, NN13 7DN Added / Retained

Registered Office Direct Legal & Collections, Buckingham Road, Brackley, Northamptonshire, NN13 7DN, United Kingdom Added / Retained

 

Categories:

Category Action

Credit reference agency Removed

Debt adjusting/counselling Removed

Debt administration Added

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I am reading this correctly, i should just see what happens with the next letter if there is a next letter, the first contact they had with me was 19th August 2009, i ignored this thinking they were Phishing, now get this threatening letter with all the enclosed doc's to scare the **** out of me.

I don't want to get a charging order or CCJ against me, i definately don't want anyone knocking on my door, i have a young family and would not put them through it.

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Mercantile Data Bureau is part of the FACCENDA GROUP.

 

Other companies in the group are Hillesden Securities, Direct Legal & Collections (DLC) etc

 

The Faccenda Group are poultry farmers!

 

However, clearly there is much more money to be made out of harassing consumers, than being chicken pluckers!

I'm not a chicken plucker I'm a chicken plucker's son and I'm only plucking chickens 'til the chicken plucker comes.

 

Or was it pheasants? I'm not a pleasant... yes that's it pheasants:D

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You say they enclosed utilities bills. Do you mean gas/ electricity bills for your address????

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I am reading this correctly, i should just see what happens with the next letter if there is a next letter, the first contact they had with me was 19th August 2009, i ignored this thinking they were Phishing, now get this threatening letter with all the enclosed doc's to scare the **** out of me.

I don't want to get a charging order or CCJ against me, i definately don't want anyone knocking on my door, i have a young family and would not put them through it.

 

 

Can you explain the bit in the 1st post about utility bills, it went over my head.

 

What type of debt is it? and exactly what are the documents they sent

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yes just utility bills.

 

Hi Angry Cat what does your thread mean, are they not licienced?

 

Sorry to labour the point but were these originals or copies? Does the alleged debt have anything to do with these bills?

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They first contacted me 19th August saying, your owe a dept and we are conducting back ground searches to see if you own your house etc.

This is the first i heard from them, the dept was taken out when i was living in a property in 2005, i have moved many times since and this is the first time anyone has contacted me.

 

In this letter i got today by recorded post, they enclosed a land registy doc, showing i own the house, a credit agreement (Photocopy) and some utility bills which i sent in when the original loaners (Abbey) wanted them.

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Hi Nick

 

You will need to find out what authority they have to chase you for the debt. Did you receive a Notice of Assignment from the original creditor?

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All doc's were photocopies and the utility bills have nothing to do with the dept

 

 

Nick what type of debt was it - credit card, loan etc

 

and approx how much

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You really need to scan and post this agreement you have been sent so we can check it out. Blank out your personal details.

 

As for the utility bills.... They have just included them to scare the crap out of you. They mean nothing and they just got them in the package when they got assigned the debt. So ignor the whole we have been tracing you/spying on you bulls**t.

 

This will all rest on the enforcability of the agreement and if we cannot see it then its hard for us to help. if you cannot scan it then use the forum search to see if there is the same paperwork posted by someone else on another thread and link it to us but we really need to see the agreement to see where you stand.


Ash.

 

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Phew, I was worried about where they got those bills from.

 

Can you scan and upload the credit agreement (deleting any personal information). We need to see that it is a) an agreement regulated under the Consumer Credit Act and b) that it contains all of the required information.

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Oh and any idiot can search the land registry - it's not exactly MI5, it's a public database. Just stay calm and scan up the agreement.

 

Dont suppose there was a 87(1) Default Notice was there?

 

And does the info explicitly state who owns the debt

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As has already been said, you need to scan the 'agreement' and post it on here (minus your personal details).

Mercantile Data Bureau are DLC and Hillesden.


We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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My thread from July 2007:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/106969-dlc-big-problem-long.html#post1027300

They use the 'Land Registry search' as a way of scaring you half to death.


We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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yes just utility bills.

 

Hi Angry Cat what does your thread mean, are they not licienced?

 

Hi Nick!

 

They are licenced for debt collection but they are no longer licenced as a credit reference agency:

 

 

 

CCA Search :: CCA Search Results :: Licence Details

 

 

Application / Licence Details

Licence Number:0545676Licence Status:Current

Current Applicant / Licensee:

Business Name Company Registration Number

Mercantile Data Bureau Limited 1829604

 

Categories:

Consumer credit

Credit brokerage

Debt administration

Debt collecting

 

Right To Canvass Off Trade Premises:No

Trading Name(s) (Current):

MDB

Mercantile Data Bureau

 

Issued Date: 16-Nov-2003 Date Maintenance Payment Due: 15-Nov-2013

Legal Formation:

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

Name Position

Robin Michael Faccenda

Susan Faccenda

 

Nature of Business:

Debt Adjusting

Other

 

Current Address(es):

Address Type Address

Principal Place Of Business Buckingham Road, BRACKLEY, Northamptonshire, NN13 7DN

Registered Office C/o Faccenda Group, Willow Road, BRACKLEY, Northamptonshire, NN13 7EX, UK

 

Historic Address(es):

Address Type Address

Principal Place Of Business ., Buckingham Road, Brackley, Northamptonshire, NN13 7DN

Registered Office ., Willow Road, Brackley, Northamptonshire, NN13 7EX

Registered Office ., Willow Road, Brackley, Northanptonshire, NN13 7EX

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