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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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    • 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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

my MBNA debt been through every DCA in the book - now link chasing


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we seem to be a cross purposes.

 

the 16 digit number is my MBNA account. BUT I suspect it was written on the application form in 2012 NOT 1994.

 

I am trying to muddy the waters by suggesting that the cannot tie the application to my account.

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Worth a try imo see what they come upwith.

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I have been fighting an alleged debt with MBNA for 5 years now and have racked up 43 letters with 8 different DCAs.

 

Now it seems the debt has been sold and

 

I am getting sick and tired of telling these people I have no money, no assets and no prospects of ever having any money.

 

I usually have to repeat myself half a dozen times before they go away and are replaced by the next bunch of bottom feeders and I have to go through the rigmarole again.

 

The debt was originally for about £15k but it has steadily risen and is now £18K+ the latest LbA shows.

 

I have read that if it were enforceable MBNA would have gone to court a long time ago for a sum such as this.

 

All that any DCA has ever provided in an attempt to prove the debt is a copy of an application form going back to 1994.

 

The Brig has seen it and says it is the standard combo application / agreement.

 

Is there something intrinsically wrong with these agreements as this has been going on for years now.

 

I ask about DCAs swapping info because if they did I would have thought they would have released after some 43 exchanges of letter they were flogging a dead horse!

 

Any comments would be appreciated as I am beginning to run out of things to say to these people.

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I think it works like this.

 

DCA 1 send you a few letters, make a few calls - you tell them you cant pay and have nothing they can deprive you of.. so they return the account to MBNA - they may or may not advise the responses they have received from you..

 

MBNA then send it on to another DCA and it all starts again. The problem will mostly be with MBNA, they only give the DCA or the new owner of the debt basic information - your name, address, DOB amount outstanding.

 

There is no way they are going to say, several other DCAs have had control of this and the Debtor has said, he has no money, no assets, no job so is unable to pay you. Else they wouldnt take the account :)

 

 

 

So in answer to your question is, it is very unlikely they share information

  • Confused 1

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I'd do the following letter

 

Dear Daft DCA

 

I do not acknowledge any alleged debt to you, your clients or your associates/affiliates

 

On xxx date I received a letter from xxx co about this alleged debt. After protracted correspondence they ran away.

 

Please do likewise.

 

I have no assets, no money and will not be making any payment towards this alleged debt now or in the future.

 

Keep it short and sweet and they might get the message.

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If this were me, in your situation, I would have a standard lettter along the lines of..

 

 

Dear Sirs,

 

I am in receipt of your letter dated..

 

I would bring to your attention that I am not in a position to repay this account, as already advised to the original Creditor.

 

I have no assets, no job and no money under the mattress - I repeat, I am unable to pay and the original Creditor are aware of this. Having

made the Original Creditor aware of my situtation they have decided to farm out the account on a pass the parcel basis. The following Companies have

had control of this account :-

 

 

DCA 1 - NAME

 

DCA 2 - NAME

 

DCA 3 - NAME

 

DCA 4 - NAME

 

The above, have been advised there is NO money, NO assets, NO job, No money under the mattress. That their continued pressure by way of threats

of Attachment of Earnings, County Court Judgments, Charging Orders are all for nothing, because I simply have nothing.

 

Once the message finally sinks in, they return the account to the original creditor, who then simply parcel it up and assign it on to the next DCA on their list.

 

There is little point in you writing to me again - I have made my position quite clear and will not respond to any other DCA tactics. Please note that I will be obtaining proof of posting for this letter.

 

I will also be copying MBNA in on this letter.

 

PRINT do not sign your name.

 

 

If you store a copy of this on your computer and then just add the next DCA on the list and then post it to them with a copy to MBNA, hopefully someone will soon get the message :) I suggest you obtain a free proof of posting for each time you send the letter out.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I'd do the following letter

 

Dear Daft DCA

 

I do not acknowledge any alleged debt to you, your clients or your associates/affiliates

 

On xxx date I received a letter from xxx co about this alleged debt. After protracted correspondence they ran away.

 

Please do likewise.

 

I have no assets, no money and will not be making any payment towards this alleged debt now or in the future.

 

Keep it short and sweet and they might get the message.

 

 

Crossed with CitizenB

I usually include all the previous DCA references in a long list

But find it still takes half a dozen letters before they get the message.

 

The one that usually breaks the chain is one where I say "bring it on you will never recover your costs"

Sometimes I find a juicy but of legal news and tell them that I will be happy to bring it to the judges attention - such as Link getting done in the court in Mold a couple of years ago.

That usually sends them scurrying for the long grass.

 

However, this latest bunch of bottom feeders have gone quickly for a LbA. So I am rethinking my tactics.

 

I was mainly concerned that I might have said something to a previous DCA that could have reset the clock, but if they rarely communicate then that is one less thing to worry about.

Edited by ncm-000
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Oh yes I was thinking of starting the next letter with.

 

You are the Nth bunch of bottom feeding **** that have been passed this file and I am sick to death of receiving your pointless harassment.

 

If you bunch of idiots want to waste hundreds of pounds chasing me through the courts on the faint chance of getting a judgement that then proves to be unenforceable because I have no money or assets of any kind then feel free to throw good money after bad and I will ensure you a good fight as I am now a practiced LiP and have plenty of time to research things to regail the judge with about your dirty little habits.

 

any comments - I hope it is not too strong - well at least it contains no 4 letter Anglo Saxon words.

 

BTW does any one know if the DCAs lurk here to spy on the advice given?

Edited by ncm-000
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Yes, they do lurk,I've even had a company ring me up and ask if I was getting advice from myself on this site, they didn't know if it was me but asked "Are you getting advice from SG1 of CAG?" I said "Yes, I am in contact with her" and they changed from playing hardball to accepting my offer!

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There is a link at the bottom of the page which tells you how many people are viewing the thread, and how many guests....this thread has 27 viewers, 4 of which are members and 23 others, could be people who haven't logged in viewing in their names but who knows!

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If this has been going on for umpteen years and you have paid nothing, and crucially not acknowledged the debt to anyone, just send the statute barred letter and ignore their stupid letter.

 

 

Not there yet - about a year to go.

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Yes, they do lurk,I've even had a company ring me up and ask if I was getting advice from myself on this site, they didn't know if it was me but asked "Are you getting advice from SG1 of CAG?" I said "Yes, I am in contact with her" and they changed from playing hardball to accepting my offer!

 

 

I suspected as much, so the watch word is not to put up details that these scumbags could use to identify you.

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how old is the debt? was there any PPI or charges on card?

Does attempting to reclaim PPI or charges imply acknowledging the debt and thus restarting the clock.

 

If you successfully reclaim PPI & charges, will it simply be applied to the account to reduce the debt.

 

Did Lowells offer you a discount?

 

Is there any significance in being offered a discount? does it debar some other actions ?

Edited by ncm-000
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Often if a DCA offers discounts it can indicate that there may be problems with the ''paperwork''.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Often if a DCA offers discounts it can indicate that there may be problems with the ''paperwork''.

 

 

Can the same be said if the original creditor (MBNA) offers the discount. And subsequently sells the debt on.

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yes.

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Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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yes if they offer a discount the chances are they are on a wing and a prayer to collect any money. Yeah I would CCA scotcall as Brig has sugessted once they write, It does tend to make them move on if they think you are getting advice, they in my experience tend to just send the odd letter.

 

I always like to look on their confused little faces when you hand them the clear off letter,(one little of joy of having video intercom being able to watch and listen without them realising)

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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I asked the questions below in post #8 but I did not get a reply. Are they in the wrong place.

 

Does attempting to reclaim PPI or charges imply acknowledging the debt and thus restarting the clock.

 

If you successfully reclaim PPI & charges, will it simply be applied to the account to reduce the debt.

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PPI and the actual debt are separate matters, and ia not acknowledgment of liability of the debt, funds reclaimed should be paid directly to you.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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PPI and the actual debt are separate matters, and ia not acknowledgment of liability of the debt, funds reclaimed should be paid directly to you.

 

Thanks again for such a swift reply.

 

What about late and over limit charges?

 

How are people getting on reclaiming these £12 x2 per Month charges and does reclaiming them reset the clock, should they be paind directly or just ofset the debt.

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The charges certainly would be offset against the debt, how many are there on the account.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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So far I have found statements showing 6 pairs of charges

Starting in March 2008.

 

Last payment was March 2008 - default notice October 2008.

The rally in letter tennis is up to 43 each. and 8 DCAs

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Get all of the charges listed>

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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