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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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jessie_girl6

Invalid DN and now passed to DCA - best course of action?

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Hi all

 

Just looking for some ideas on how to proceed here.

 

We are now in a DMP with Payplan and about 50% of our creditors are OK with this. However, I had a card with MBNA for about £15K and they just wouldn't play ball and sold the debt onto a DCA.

 

I've just noted that the DN issued by MBNA was invalid for 2 reasons: (1) it didn't give me the prescribed 14 days and (2) it was asking for full balance not arrears.

 

So, given that MBNA no longer own the debt, what should I do now with the new owner? Should I point out that the DN was invallid? I don't have any other paperwork (original CCA, letter of assignment) - should I SAR MBNA or the new DCA?

 

Thanks in advance

JG

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Do you not have a CCA because they did not send you one - have you requested one from MBNA at all?

 

I always send off the usual 'send me a CCA' letter to DCAs with £1 (recorded or special delivery)

 

I also send £10 for a full SAR to see if anything else turns up.

 

ps - am in similar boat with MBNA (illegible cca and a dodgy DN) as are many on here (several similar threads a month or two ago)

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Hi there WillTheyWontThey

 

Funny that you should be the first to respond as I'm just reading your thread. Interesting reading, but I've got my head in my hands now because I have actually made one month's payment to the DCA (the same as yours!) via Payplan. So, it looks like I've gone and created a contract between us.

 

But to answer your questions, yes, they allege they have bought the debt (and again like yours before the DN was fully up); I haven't yet done either a CCA or SAR as I was preparing to repay via Payplan.

 

Do you think I have a chance to get this DCA off my back?

 

JG

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Hi

Keep quiet about the faulty DN for now. This is so you can definitely confirm the account has been terminated.

A SAR to MBNA should bring back screenshots of the account history.

CCA the DCA, This will slow them down and possibly put the account into dispute should they fail to supply the agreement.

 

If you need more help just shout.

 

 

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Don't worry about the payment. Too late anyway:)

 

This isn't about the money. It's now about whether the DCA (WHO???) has the right to be collecting it.

 

Until you either receive a NOA or other proof that the debt has definitely been sold-keep schtum;)


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when was the DN sent to you?

 

did you continue to make payments after you received it? if so then for how long?

 

A DN which claims the full balance of the account is in fact not a DN but a TN

 

unless the whole balance of the account was due by way of arrrears then the TN was an unlawful rescission (as it had not been preceeded by a valid DN giving you an opportunity to remedy any alleged default)

 

however when one party to an agreement steps outside of the cca and into contract law by an unlawful act such as rescinding the agreement then the injured (performing) party has two choices

 

he can ignore the unlawful act and insist by expressly saying so or by doing nothing that the contract must endure OR

 

he can indicate that he accepts the unlawful rescission and that the agreement is terminated

 

this can be for instance by some act such as stopping any further payments or by simply telling the other party that he accepts the unlawful rescission

 

there has already been one lost case where the debtor did not make it clear through his actions that he accepted the unlawful rescission and therefore the judge ruled that the agreement endured

 

(in this particular case the debtor was not making payments- so after the unlawful rescission he stayed silent and continued not making any payments

 

however the judge ruled that the debtor had not shown that his non payment after the rescission was any different from the reason that he had not been paying before the rescission and so he had not done an act which demonstrated that he accepted the rescission

 

in your case i would check your computer files to see if you actually wrote and accepted the unlawful rescission, and if you did - then i would print a couple of copies so that you can send one to the new owner of the debt and point out that they bought a debt that does not exist

 

after all the original creditor may well have not passed on your letter when he sold the debt due to the fact that such a letter would significantly reduce the value of the sale of the debt

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Hi

 

I've gone down similar route of unlawful rescission with 2 accounts both as yet uncontested.

 

MBNA issued DN for full balance before assigning to Capquest, no compliant DN, no NOA, no response to numptys at Capquest, SAR to MBNA (evidence of comms log needed, they may add pre dated entries) followed by letter agreeing to unlawful rescission and ceasing of payments.

 

AMEX issued DN registered post franked 7 days after issue thus allowing only 4 days to remedy. Followed same route as MBNA.

 

Both will become litigious at some stage so you will need to record and evidence all correspondence.

 

Gez

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Thanks to all for your replies.

 

From what I'm reading, I absolutely must write and accept termination right away. As well as confirm that the payments made since the DN have been to pay off the Arrears. Tomorrow the letters will be in the post. Do you have any templates you could share to help me here?

 

And - a last thought - would you do this to a creditor who has accepted your DMP and frozen interest? Should I let sleeping dogs lie?

 

Thanks

JG

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you do NOT need a template letter in this instance- what you need is to deal with it thus (IMO)

 

 

 

write to the dca thus:-

 

dear sirs

 

Re account XXXXXXXXXXXX MBNA

 

I refer to your letter of XXXXXXXXXX. Further to noting the contents of your letter I have noticed that Payplan inadvertently sent you a payment on this account. and i have taken steps to ensure no further payments are made in error and against my instructions.

 

The agreement ( if indeed a valid and legally enforceable agreement existed), was in any event unlawfully repudiated by MBNA and i accepted that unlawful repudiation therefore no agreement endures.

 

it is therefore of no concern to me that you have chosen(or have been misled ) to purchase an agreement which in fact does not exist and no doubt that is a matter between you and MBNA

 

for the avoidance of doubt, I have taken legal advice on this matter and i would advise you that I do not consider that there is any contractual relationship existing between us and no further correspondence will be entered into with respect to this matter.

 

Yours sincerely

 

 

 

also write a letter to payplan and note that they made a payment to XXXXXXXXXx DCA and would they kindly ensure that no further payments are made

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Thanks Diddydicky - would have responded sooner but just reading around another thread (Re: Halifax - dodgy default - agreement now terninated, help! ) that you were involved in which has given me a lot of info :)

I will send this to the DCA and another letter to MBNA accepting termination. Fingers (and toes!) crossed!

JG

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Thanks Diddydicky - would have responded sooner but just reading around another thread (Re: Halifax - dodgy default - agreement now terninated, help! ) that you were involved in which has given me a lot of info :)

I will send this to the DCA and another letter to MBNA accepting termination. Fingers (and toes!) crossed!

JG

 

no- dont bother writing to mbna- just send the letter to the dca and make sure you write to payplan and tell them not to make any further payments

 

send them both with proof of postage slips (free at the post office) and keep the copies

 

the stopping of payments is the "act" which signifies your acceptance of the termination and you have just covered the "accidental" payment that was made in the above letter

 

anything you write to mbna now that they do not own the debt would be irrelevant

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