Jump to content



  • Tweets

  • Posts

    • god where ever did you find all that twaddle rabbit hole stuff to go down .... no wonder you came here...we don't allow nor portray twaddle , neither lead people doen rabbit holes that then cost them money by sending PM's offering help of anything upto £360 for even a failed CCJ defence...   anyway enough of that BS. lets get you moving in the right direct , you should be ok as CEL are always losers if you do things correctly   can you fill this out please:   Received a Court Claim From A Private parking Speculative invoice?? - How To Deal With It HERE***Updated Aug 2016*** - Private Land Parking Enforcement - Consumer Action Group
    • A growing number of clubs big and small are using more technology to help performances on the pitch. View the full article
    • Where was the help for the environment, social care, renters, and to cover the future costs of Covid? View the full article
    • Hi All, I have received a parking ticket as RK (thats registered keeper right?) for overstaying by 16 mins in a well known wholesalers car park in Liverpool. I read some very confusing (and sometimes contradictory information on several sites) on how to deal with this. I followed the instructions to firstly challenge the validity of their claim. I wrote to them (no response) and emailed them. I had to guess at the email address because they provide only the registered office address or a 'claim line', which if i had contacted them on that, would have been agreeing to their idea of us having a contract in the first place (right?). i eventually got the admin email and sent it there, stating that i had already written to them with no response. I got a response saying that they do not respond to correspondence at that address and i should either write to them (already did) or contact via the appeals line or appeals email (again with the acknowledgement that its an appeal i need, rather than straight up confirmation). I asked in at the wholesalers customer/ member services in store about the car park ownership and they informed me it was a consistent problem and they didnt know the owner. I have contacted the head office in Herts for the information. (Customer services/ member services/ online services & complaints) for the information regarding ownership of carpark and the contract of agreement between them and the CE parking management with no luck. I received no further correspondence and therefore assumed that they had dropped their spurious claims. They acknowledged my letter with: "Response from representation team -  We refer to your recent correspondence. We accept for you to pay the original reduced sum of £100. The Parking Charge Notice has been passed to a debt recovery agency. All further enquiries, including payments, must be directed to them. Please follow the instruction on the correspondence you have received." I received nothing else until I receive a Northampton county court business service court claim. The amount is now in the hundreds (£274). I have acknowledged and sent back the form with nothing else written on it. now i have another week or so to mount my defence. I dont know anyone who speaks 'legalese' and frankly its giving me sleepless nights. Incidentally, at the time of the alleged 'contravention' there was a bout of sudden severe weather which was 'waited out' inside the wholesalers porch by several members and their children because the soft furnishings and electricals (for example) bought in store would have been destroyed by the downpour. Further investigation into the owner of the Civil Enforcement ltd has shown me that they are owned by CCP parking, who are in turn owned by Qa Nominees and are owned by people exposed in the Panama Papers scandal.   I am feeling like im a tiny part of a very big scam here, one that DVLA are profiting from. Under advisement, I have written a complaint to the wholesalers complaining about being treated so shoddily as a member. Under advisement, I have also written to CE ltd requesting a Subject Access Request. But I really dont understand the process or what steps to take now.
    • Hi Anney,   When you get the SAR, can you give us some more detailed info info like loan amount, date taken out, last pay't made, balance remaining,.
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Please note that this topic has not had any new posts for the last 2406 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

:thumb:

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

 

Link to post
Share on other sites
  • Replies 397
  • Created
  • Last Reply

Top Posters In This Topic

Sorry Ims, quick question please I'm very confused

 

On this part of the letter template

calculate that you have taken £xxx plus £xxxx which you have charged me in interest which total £xxx.

Additionally,you have entered a default notice against my credit record. T

his default occurred merely in respect of unlawful charges levied by you,

or was the result of impecuniositiy’ caused directly by the taking by you of penalty charges which you had applied to my account.

 

The last time I sent it I put the charges + interest that my spreadsheet calculated is that right?

 

I didn't notice it last time but reading it now doesn't make sense to me :???:.

 

Many thanks

Up2

Link to post
Share on other sites

Yes it all it means is that (in this particular template) that the charges total to £x, the interest totals to £y and the total is £z (x+y).

 

It just spells it out to them what the charges are, what the amount of interest you are claiming is and the total of the two.

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

 

Link to post
Share on other sites
  • 2 weeks later...

I have heard from MBNA with 1 day to go before their 14 days are up

and all they have said is that they provided me with their final response (last year)

and will not enter into anymore correspondence on this subject unless instructed to do so by the FOS.

 

Their response last year said that because none of their unlawful charges were added in the last six years

I have a snowballs chance of getting them back.

 

it looks like hey ho hey ho it's off to court we go.

 

I have everything ready, but want to use MCOL.

 

Is it much different to sending paper claims to Salford (apart from the price)

and do I just state in the POC part that I will be sending a paper copy?

 

Any guidance on using MCOL will be greatly appreciated.

 

Up2

Link to post
Share on other sites

I am just getting my POC finalised and ready to send tomorrow using MCOL

and I am going through all of my paper work one last time.

 

I have a question please about default notices.

 

I never actually received one from MBNA whilst they had the account

(not in the paperwork I have or received with my SAR)

 

but I've found one from Link which I received back in 2008

(the account was sold in 2005 and I was making token payments

- which show as a standing order on my bank statements)

 

I was just wondering if the default they sent was correct

and if not could I use it as even more proof in the harassment file

I have built up regarding these two companies.

 

The default is dated 26th Sep 2008 and

it gave me until 10th October to pay the full outstanding balance, not just any arrears

- which there hadn't been as I'd been paying the token payment since 2005.

 

14 days in total, not including postal time, plus the 26th Sep 2008 was a Friday

there would have been a chance I didn't receive it until 29th or 30th Sep.

they had given me a little over a week to pay off the whole balance.

 

Grateful for any thoughts from DN kings and queens please.

 

Up2

Link to post
Share on other sites

DN form Link?

 

Surely the OC would have issued one before the account was terminated.

 

Mind you, the OC won't provide a copy because copies are not kept,

only a note on the files saying that one was sent and that is sufficient.

 

Can you post up the DN form Link please?

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

 

Link to post
Share on other sites

Hi Ims,

 

Thanks for looking in.

 

I have attached it (I think)

 

I don't ever remember receiving a DN from MBNA. Although MBNA do refer to one in one of their letters sent to the adviser helping me at the time in March 2005 -

 

Up2

 

Just noticed on that letter as of March 2005 no default had been registered and it was sold two months later, so looks like no default from MBNA

Edited by up2meears
Additional info
Link to post
Share on other sites

Can you PDF it please...

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try http://www.pdfescape.com TO BLANK STUFF,

************************* ************************* ***********

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use http://www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAGicon in the title

i'e Default notice DDicon-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

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

 

Link to post
Share on other sites

what does the instructions say about not using a biro...

 

your details are clearly seen

 

i'll take it down & do it to PDF.

 

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... 

Link to post
Share on other sites

done.

 

what this about termination by MBNA

I cant see anything in this nor the other thread on this debt..

 

so it wasn't terminated by MBna

and wasn't defaulted via DN by them already?

 

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... 

Link to post
Share on other sites

Thanks for that DX, appreciated.

 

No I don't think MBNA eve defaulted it. After the letter in March 2005, I then received:

 

Aprill 2005

'A Notice of proceedings',

A letter offering a significant discount if I paid in the next seven days (I could do this by borrowing from family o re-mortgaging according to the letter)

A Notice of intention to sell (dated same day as the discount offer letter)

A letter offering £250 credit to account if I contact them

 

May 2005

A letter telling me they had sold it to Link.

 

Thanks

Up2

Edited by up2meears
Link to post
Share on other sites

so they knew it was mainly PPI & charges then:lol:

 

I think you'd have a very good case for arguing or atleast including

the fact that the DN should have been sent/registered on the third

missed or short payment that you made to whomever.

 

that way it would not be on your cra file now harming you till mm/2014 [6yrs from its birth]

 

gotta admit you kinda caused all this aggro.

you should have never have started to pay link anything

however, you hadn't found cag them

 

and I bet you are kicking yourself now

 

and link argh...the worst fleecers out there

 

I wonder how much of this is now yours..:lol:

http://www.homesandproperty.co.uk/property_news/news/millionairedebtcollectordigsdeepinsouthkensington.html

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... 

Link to post
Share on other sites
so they knew it was mainly PPI & charges then:lol:

 

I think you'd have a very good case for arguing or atleast including

the fact that the DN should have been sent/registered on the third

missed or short payment that you made to whomever.

 

that way it would not be on your cra file now harming you till mm/2014 [6yrs from its birth] That's the thing, this isn't on any of my files.

 

gotta admit you kinda caused all this aggro.

you should have never have started to pay link anything

however, you hadn't found cag them I know, things would have been alot different if I had have found CAG back then. This is why I want to get as much of their wrongdoings onto the POC

 

and I bet you are kicking yourself now

 

and link argh...the worst fleecers out there

 

I wonder how much of this is now yours..:lol: probably about £40 as they were only getting a quid a month :razz:

http://www.homesandproperty.co.uk/property_news/news/millionairedebtcollectordigsdeepinsouthkensington.html

 

So should MBNA have defaulted this before selling it on? and what about the actual default from Link 3 years later when I hadn't defaulted on the pound payments? i.e the time they gave me to pay and defaulting whilst I was still paying?

Link to post
Share on other sites

if this debt is not showing on any cra file

 

then MBNA did default you

and it ran its course of 6yrs and fell off.

the whole debt goes, never to return.

 

so, link can do what they like really

the DN means nothing

 

its a bit of paper

it cant harm you at all

 

you could include it ifyou wish.

 

but they as well as you know its doesn't mean anything

 

infact I don't think the wording is correct.

 

they cant imply they can issue a DN on behalf of MBNA CCL.

 

and they are after the full bal.

 

well that's been up since the termination? by MBNA

if they did term it? I doubt it?

 

basically [agh that word] the DN from link is garbage.

means nothing to no one

just another of their computer generated leaflets

to give you the impression they can fleece you blind.

 

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... 

Link to post
Share on other sites

Cheers DX

 

That's what I thought that it had run it's course from 2005,

but now I'm scrutinising all of the MBNA paperwork and can not see any ref to any default at any time...

... Oh well, it's all additional evidence of their underhanded collection activities

if I need to prepare a bundle for the charges claim,

as I have mentioned in the POC the trouble the charges have caused.

 

Up2

Link to post
Share on other sites

Also,

I only ever received a copy of the application form which doesn't mention how much they will charge

if I go overlimit/pay late etc.

 

Will this hold any water with my claim?

There is a part that says Set out in paragraph 1-15 below are some of the provisions contained in Conditions 1 & 2 of the MBNA credit card T&Cs. The other conditions referred to in those paragraphs and the applicable definitions can be found in those T&Cs

 

I have asked MBNA for a copy of those conditions but have only received ones post dated 2008

and not 2000 which are the ones I would need.

 

Thanks

Up2

Link to post
Share on other sites

legals not really my game

 

though harrison might help [but that was not charges but mentioned DN's etc]

 

the shelley thread will though i'm sure

 

[barclaycard successes forum]

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... 

Link to post
Share on other sites

Right, I think I am just about ready to do this. I just have a couple of questions before I send.

 

I am slightly confused by the daily rate claimed.

 

On Shelleys thread Slick suggests it should be done at the same rate as on my spready,

but I have seen elsewhere that it's 8%?

 

I used Slicks suggestion on this for my BC claim and there wasn't a problem

but would jut like to clarify please as I don't think MBNA will be as straight forward as BC and don't want to mess up on anything.

 

Also, If I make the claim online tomorrow

when do I send the POC to the MBNA?

 

Will they receive it before the court lets them know I'm suing

(not sure how long the process takes with MCOL).

 

And when I send a copy to the court with the N215 does it go to Northampton, Salford or my local court?

 

Many thanks

Up2

Link to post
Share on other sites

Morning all,

 

I submitted the claim via MCOL earlier in the week and it is showing as issued the following day.

 

I need to send my POC to the court and have gotten a bit stumped with the N215. It asks 'What date did you serve' and 'The date of service is'. Now, is this the days my claim was submitted and issued? or is it the date the POC gets sent + 1 business day? I don't want to get the days wrong and it be rejected. Also, on the N1 it says in the Northampton County Court, I take it this is where I send it too?

 

Sorry if I'm asking obvious questions, but I don't want to get this wrong.

 

Many thanks

Up2

Link to post
Share on other sites

You are right to ask. I think date of service = issue date + 5 days. Check with one of the experts though

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

Link to post
Share on other sites

Thanks MrHat

 

I yesterday received the Notice of Issue from the court which says they sent it on the 29th Oct and it will deemed to be served today, so I guess they're the dates I use?

 

Many thanks

Up2

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...