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    • I found an old defence I used and tweaked a bit. Unfortunately I think I messed up in not asking for a statement in my cpr, while it wasnt referred to in the poc it does have the amount. There were no paragraphs and it looks like it was done on a phone or even an excel import??. I dont know if not requesting the cpr means I cant ask for proof of how they got the amount?   Is that enough about the lack of account details?, I mean my cabot ref is at the top of the page but 100% no aqua account number on here. That would surely come under having to prove    Please feel free to tweak etc. Wasnt sure how to word the s78 stuff as I didnt want to lie with it being not in default till weds.     Photo of poc is shown above to show how lacking it is in format in particular        Defence:   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.   2.     It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement and have sought verification from the claimant.   3.     No account details are given in the particulars of claim linking the claim to the defendant.   4.     It is denied or I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua.   5.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement and; (b) show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (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;   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 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfill my CPR 31:14 request.   7. On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • Hi Dixon,   If you don't mind, I'm ignoring the CCJ for the moment.   I'm more interested in what you last said to the police about their failure to investigate the fraud against you commited by FTR Ltd and O'Hara.   If you don't want to post it on-thread, send it to me by PM.
    • ok not to put too finer point on the 'silly' mistake ( as in terms of you are a 'litigant in person' - joe public against the 'system') you made on your claim, there are guides on the same website about raising a claim and how to do it properly, but IMHO there should also be LiP leeway regarding this.   did you seek or read any help, as getting the correct entity to sue is quite important, the example you relate too would not be an issue, but suing a corporate entity is, they have lots of money and clever legal eagles.   i have no doubt that, by whatever way, should you rectify this error , you would be successful mind.   on another issue, have you written to apple uk retail offering to mutually settle this if they pay the price of the device or replace it and call it quits?   i will guess this is all you really wanted at the start and now at the end of the day.?   would you seriously lose out money wise if this were agreed?        
    • Parag Agrawal, Twitter's new CEO, is the latest of several Indian-Americans leading global tech firms.View the full article
    • So Apple can get out of it by this technicality seems ridiculous to me.   They call themselves Apple not Apple Retail. Unless you’re clued up on these things how can the average person know that it's Apple Retail UK.   If I got a letter from the court and never responded based on them spelling my name as Jo Blogg instead of Jo Bloggs I can bet your boots I would still be pulled in over it.    You've been very helpful I’m just annoyed over greedy Apple...oops I meant Apple Retail UK 😂
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Mbna awaiting offer letter- £64,000 - WIN!!


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Have had confirmation from fos that MBNA will make offer,

In meanwhile my sar has arrived from them so want to spread sheet it up so i can see if the figs come close

 

Its for a credit card, i have no statements just the print out showing ppi made and dates and the odd balance amount,

 

can some one guide me what spread to use ,[ i am pretty rubbish at spreadsheets ]

 

and can someone advise on charges ie can i look at claiming overlimit and late fees etc

 

Thanks

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Hi

 

In the absence of statements, this is the closest you are going to get.

 

FosCISheet v101.xls

 

Is the account still live or was it closed and paid off? If so, when?

 

As regards the charges, you can reclaim over limit and late payment fees. Have a read of No.s 3 and 4 in my signature for more information.

 

This is the spreadsheet you will need for the charges claim.

 

CISheet v101.xls

 

ims

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thanks mr Ims will give it a shot, acc still open , no arrears , once i got the ppi sorted will hit em with charges claim. i just wondered if they would take over limit charges when they took off pii as in most cases removal off ppi and associated intrest would have meant no charges would have applied

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Read the notes tab on the spreadsheet

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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The rate would be the same rate as they were charging you on the card for purchases.

 

That would normally feature on the statements. Is there nothing in the SAR response which indicates rates of interest?

 

If not you can always ask for an analysis of the offer to include the rates used.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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The rate would be the same rate as they were charging you on the card for purchases.

 

That would normally feature on the statements. Is there nothing in the SAR response which indicates rates of interest?

 

For now I'm adding 18per cent! It's gonna take a while as card goes back to 1998 am amazed they been able to give me copies of all

Edited by citizenB
restored quote box for clarity
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Sucess ............. Nearly fell of my chair when i got my settlement figure . For 2 MBNA cards running since 1995 and 1998 , maxed out for quite a while but all still current a grand sum of 64k , Amazing , jUST WAITING FOR CHECK NOW , This forum has helped me endlessly, The spreadsheets i did came within £500 of this huge amount which i am not gonna persue as t could be down to variations in interest rates etc, Am so amazed ., now to investigate the charges and changes in interest rates before i settle my bill and go have some fun with the loads and loads left over ,x

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Wow that's great....well done :whoo::whoo:

 

Your spreadsheet calculations were less than 1% out...fantastic.

 

Let us know when you get the money so that your thread title can be changed.

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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:whoo:

 

Absolutely brilliant.. well done :)

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good god

 

MBNA coughing without a fight

 

now thats strnge

 

tell us more on the process you used.

 

and WELL DONE!!

 

there a re 100's of people here that have been fobbed off!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks guys

started with just standard fos letter,

PREDICTABLY rejected,

 

Made a complaint to fos in early jan.

 

Rani's original thread

 

 

MBNA in some admin nightmare

 

wrote to me to say they were still looking into it , and then 3 days later rejected it>

 

having dicovered u guys on here I got wise and sent a SAR in

and a week after they actioned this

 

they wrote to FOS and said they with settle as a good will gesture,

 

The basis being a company director I am effectively self employed and they would never pay any claim i made

 

, IMS spreadsheet showed where money came from

£10 in 1995 with compound interst worked back to £900 odd.

 

N o fuss from MBNA even gave me settlement details from a senior case manager over phone >

 

Now I gonna try for bank charges as the cummulative effect of PPI would have certainly been responsible for some of these

 

Everyone i cant stress how ever laborious it feels or time consuming and painful

keep at the claims ,

 

take guidance from the genuis Caggers on here and u shoudl see the benefit i have ,

 

A big donation on the way once i get the cheque .

 

Fingers crossed for my outstanding cases with EGG[

IN HANDS OF AN ADJUDICATOR WITH BCRD PLAYING HARD BALL]

and Santander [ awaiting allocation to an adjudicator]

Edited by citizenB
added origiinal htread for continuity
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Sucess ............. Nearly fell of my chair when i got my settlement figure . For 2 MBNA cards running since 1995 and 1998 , maxed out for quite a while but all still current a grand sum of 64k , Amazing , jUST WAITING FOR CHECK NOW , This forum has helped me endlessly, The spreadsheets i did came within £500 of this huge amount which i am not gonna persue as t could be down to variations in interest rates etc, Am so amazed ., now to investigate the charges and changes in interest rates before i settle my bill and go have some fun with the loads and loads left over ,x

This is fantastic. Would you be prepared to talk to a journalist about this? It would encourage so many other people

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Morning Ims

 

just getting started on my fees and charges reclaim for this ................ why not heh

i will use spread sheet for charges , just wanted to know 2 things

1. i had a big jump in interest charges [ 23% to 35%] i was not to best of my knowledge advised of this............. do i have any redress on this

2. is there a cag cover letter in the library for this sort of claim ,,,,,,,,,, couldnt see one,

I amclaiming on the basis of that most of the overlimt fees wouldnt have applied if the ppi had been incorrectly added

All help appreciated

Rani

Edited by PPI Rani
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I will be watching this with great interest.

 

I currently have a PPI claim in with MBNA (only sent last week after receiving SAR) and if successful will be going after charges, I like you had a host of overlimit fees.

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Hi

 

Probably best to start a new thread for the charges claim in the MBNA forum because it is a separate issue from the PPI claim. As a preliminary answer though, the charges you are talking about are unlawful penalties anyway.

 

There is a precess to be followed with a charges reclaim....have a read of Nos 3 and 4 in my signature.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hi Rani,

 

You may be on a sun drenched beach somewhere relaxing after your fabulous win so hope you may have a minute to catch up with the Cag family, lol.

 

You can't imagine what this means to Caggers - your achievement is magnificant. Really, high five to you chuck.

 

"The basis being a company director I am effectively self employed and they would never pay any claim i made"

 

A friend of mine is in identical situation but would have been covered for loss of employment in the event his company going belly up, so long as they could produce evidence to prove that it has collapsed. His policy was from 1997 similar era to yours, did your policy say something along those lines?

 

We're just wondering what route to go down because of the settlement figure involved, similar to your's probably if we claim from day one.

 

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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hello

i have no recollection of this being said in my policy however the fact is the company going under is very unlikely and the sickness benefit portion is also not apllicable as most of us would continue to pay ourselves when we had our own company, To be honest after my initial fos complaint mbna never communicated with me again just agreed to pay up as goodwill, My advice is to go ahead and claim direct from them , if they decline [ as they did with me] go to fos and sit back and watch and see, . whilst claim is being looked at get your SAR so u have figures to work against as well. Good luck xx ps is his claim mbna?

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hello

i have no recollection of this being said in my policy however the fact is the company going under is very unlikely and the sickness benefit portion is also not apllicable as most of us would continue to pay ourselves when we had our own company, To be honest after my initial fos complaint mbna never communicated with me again just agreed to pay up as goodwill, My advice is to go ahead and claim direct from them , if they decline [ as they did with me] go to fos and sit back and watch and see, . whilst claim is being looked at get your SAR so u have figures to work against as well. Good luck xx ps is his claim mbna?

Thank u for responding. Yes it isMBNA. SAR already done but dont think statements go back to start of acct would have to check. Thanks again.

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Hi Rani,

 

You may be on a sun drenched beach somewhere relaxing after your fabulous win so hope you may have a minute to catch up with the Cag family, lol.

 

You can't imagine what this means to Caggers - your achievement is magnificant. Really, high five to you chuck.

 

"The basis being a company director I am effectively self employed and they would never pay any claim i made"

 

A friend of mine is in identical situation but would have been covered for loss of employment in the event his company going belly up, so long as they could produce evidence to prove that it has collapsed. His policy was from 1997 similar era to yours, did your policy say something along those lines?

 

We're just wondering what route to go down because of the settlement figure involved, similar to your's probably if we claim from day one.

 

Shelley

 

Hi Shelley,

 

I claimed on behalf of my Dad who is self employed - I just got a letter upholding the claim from MBNA

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