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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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smactaff55

MBNA CCA Help please re validity

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CCA'd MBNA and attached what has been received together with T & C's photocopied on reverse of supposed CCA

Have checked through the MBNA posts & threads but would be grateful of opinions and thoughts of fellow CAGGERS

The CCA appears to be IMO the application form. Under section 12 re appl & declaration it does refer to conditions overleaf. Also under section 15 of T & C's it refers to charges @ £5 which would seem to be correct as I made the appl in early 1996

All opinions gratefully accepted. No default nor termination letters yet received.

 

S55

 

 

 

 

 

 

 

MBNA CCA.doc

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Hi Hungrybear

Thanks for your reply. The original form is pretty illegible and crappy. I attach an enlarged copy of my concern which is section 12. I quote from the first paragraph, sentences 9, 10 & 11; " I accept & agree to be bound by the MBNA Credit Card Conditions of Use ( as set out overleaf & amended from time to time ) " I have a copy of T & C's but cannot upload as too large for site limit.

I would value your opinion and observations re this "CCA"

Could I also take the liberty of asking you to look at another thread of mine re HFC I have just bumped it

MBNA Enlarged CCA Part12.RTF

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Hi Hungrybear

Thanks for your reply. The original form is pretty illegible and crappy. I attach an enlarged copy of my concern which is section 12. I quote from the first paragraph, sentences 9, 10 & 11; " I accept & agree to be bound by the MBNA Credit Card Conditions of Use ( as set out overleaf & amended from time to time ) " I have a copy of T & C's but cannot upload as too large for site limit.

I would value your opinion and observations re this "CCA"

Could I also take the liberty of asking you to look at another thread of mine re HFC I have just bumped it

 

so the conditions of use were overleaf. what about the terms and conditions including apr and some reference to setting a limit?

 

Also this was never intended to become an executed agreement because there is nowhere for them to sign.

 

From what I have seen this is not enforceable. I think there is a special section somwhere on here for mbna application forms, I know there are a few threads kicking about.

 

Now, I dont want to get you too excited. I would not put my hand on my heart and say unenforceable for two reasons:

1) I've not seen the terms, BUT the application does not refer to terms as such

2) I always prefer to have at least 2 people say something is unenforceable before getting too excited.

 

Having said that it says application and they clearly never intended executing it as an agreement.

 

(I hope you'll agree that it's too important to get flippant about it)

 

- I did have an mbna account myself but never got as far as the agreement, it went statute barred first - shame eh:D?

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Thanks Hungrybear. Your comments are highly valued.

The T & C's appear OK re APR & Credit Limit but I agree with yourself that what they have sent me is a copy appl form with nowhere for them to sign to make it an executed agreement.

I will send them the letter re not being a true copy of CCA and keep the account in dispute and see what happens.

I won't get excited and take each stage as it happens. I'm still being hounded by tele calls ( 6 today ). Just pick up phone and leave on side so they can talk to the fresh air or my cat!!!!

Once again, many thanks.

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Thanks Hungrybear. Your comments are highly valued.

The T & C's appear OK re APR & Credit Limit but the application dont say terms it says conditions - does the other document saythat?but I agree with yourself that what they have sent me is a copy appl form with nowhere for them to sign to make it an executed agreement. signature ONLY means they need a court to enforce so in itself it aint enough.

I will send them the letter re not being a true copy of CCA and keep the account in dispute and see what happens.agreed

I won't get excited and take each stage as it happens. yes, treat it as a game, that way it dont get stressful. I'm still being hounded by tele calls ( 6 today ). Just pick up phone and leave on side so they can talk to the fresh air or my cat!!!! just so long as your cat dont know your card details:lol:

Once again, many thanks.If it helps we are ALL here to help

 

speak to the pdsa, maybe your cat can do then for harassment:D.

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Hi smactaff55, just come from your thread in the MBNA forum. I defo think you should get an SAR to them to get copies of any deault notice they claim to have sent, and the communications log to se when they sent it. Also ask them if they have assigned/sold the debt.

 

Once you get a response to that we can assess the Default Notice's validity.

 

Oh and keep ahold of any letters you have from them demanding you pay the full balance - they could proove important ;)


I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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