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    • Hi, thank you for the quick response.     Yes we asked them for the original credit agreement but they only sent a statement of previous payments and charges, etc. Looking back at the communications, we actually asked for this information a year ago and they sprang into life a few months ago.     The letter of claim only referenced the OD not the credit card.   The last feedback we got from them was that they thought the credit card debt was not statute barred and would be sending information over regarding the OD.   Do I need to mention anything specific in the SRA to Lloyds?
    • I have AoS using MCOL. Slight issue in that it has an old address listed and I had no way of changing it using the system. I have emailed mcol@hmcts.gsi.gov.uk to ask them to amend/update, but don't know if that will work. Regardless, at this point I don't think it changes what i need to do - but correct me if I'm wrong.   So, next step would ordinarily be "get a CPR 31:14 request running to the solicitors asking for all relevant bills" Is that correct? Having said that, I have copies of the bills from Eon, and Lowell have also sent me copies of bills. Should i still go ahead with this regardless?   Folowing this, my next step would be filing my defence, correct? And, now that I've done the AoS. I'd really appreciate a sanity check on when I need to file my defence by if that is indeed the next step.   I'll be looking at more threads. I'd like to be able to put all of this to one side until Feb 3rd (I have an absolutely crucial - 5 years of work to get to it - deadline of 2nd Feb for something I'm working on that is totally unrelated but is eating up all my time until then). Am I correct in thinking it's okay to leave this until Feb 3rd now??   Thanks again for your help thus far. Donation made.
    • Thanks for your reply. We didn't even know they issued us with a ccj until I target got a credit report and it come up, we had no paperwork warning us.    I don't know when the ccj was issued just know on my credit report says it get removed oct 2020.    Mortimore Clark are welcome finance solicitor as far as I am aware... Nothing to do with the ccj.    I know the ccj has been added to our property as end of this year we will be in position to pay of mortgage and its £18000 more then what we owe and mortgage company said its a charge for a loan so in theory we may pay it twice if I am paying solicitors (well in small amounts) 
    • and you can't click on the enter a defence option. sometimes we've found you can.   you should have come here sooner an we would have made sure you did it right...  
    • get an sar off to welcome they can't refuse.   who are mortimers client, the claimant of the CCJ and the charge upon your deeds.   welcome would have added £1000's in unlawful penalty fees for everything from letters/phonecalls/arrears fees/it's raining today, your fault. when was the CCJ attained too please?  
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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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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my MBNA debt been through every DCA in the book - now link chasing


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Hello there. What constitutes as acknwoledgement is abased around the facts of the particular situation, there isn't a hard or fast rule. I would probably argue that the above would count as acknowledgement. What's important is that the other party would need to raise it as a bar to your limitations argument - are they aware of the letter?

 

best wishes,

 

Seq.

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Hi ncm-000,

 

I think it probably does unfortunately unless you made a statement somewhere in your letter along the lines that you didn't acknowledge the debt and were in effect only offering a repayment plan for a quiet life!

 

However, if you were led to believe that the agreement was enforceable when it wasn't you might be able to come up with some kind of argument.

 

Who was the card with?

 

Are you suddenly being chased by the DCA or a new DCA when it's been quiet for some time?

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The Credit card was issued by MBNA and the DCA I have been sparring with since 2008 are known to read this forum so I will not name them.

 

I have never received anything from the DCA to demonstrate enforceability just around 20 threatogrammes

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Have you ever asked for a copy of the alleged agreement? Or checked the likelihood of its enforceability by comparing it to those from around the same date on other MBNA threads?

 

If the threats are just using words like 'may' or 'could' it doesn't sound as though they are pushing too hard. Do you know if the DCA is a debt-chaser or a debt buyer? If it's the former they won't take action on their own although they could pass it on.

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Hello there. What constitutes as acknwoledgement is abased around the facts of the particular situation, there isn't a hard or fast rule. I would probably argue that the above would count as acknowledgement. What's important is that the other party would need to raise it as a bar to your limitations argument - are they aware of the letter?

 

best wishes,

 

Seq.

 

They reminded me of the contents of the letter after I wrote in a number of interchanges earlier this year

As I have said before many times, I do not, and never have, acknowledged any alleged debt to you or MBNA.

This is after receiving an unsolicited offer to write off the debt on health grounds, which I replied to with all relevant info.

They acknowledged my medical condition but instead of writing the debt off they asked for a nominal £1 per month

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The £1 a month was to keep the debt alive in case your circumstances change and they can get more money.

 

If they were prepared to consider a write-off on medical grounds and your circumstances haven't changed, then I think they may just stick at threats as they'll know they have no realistic chance of getting huge sums from you.

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Have you ever asked for a copy of the alleged agreement? Or checked the likelihood of its enforceability by comparing it to those from around the same date on other MBNA threads?

 

If the threats are just using words like 'may' or 'could' it doesn't sound as though they are pushing too hard. Do you know if the DCA is a debt-chaser or a debt buyer? If it's the former they won't take action on their own although they could pass it on.

 

I have never asked for any proof just stated I do not acknowledge the debt. Left it up to them to send any proof to refute the statement.

I do not believe the paperwork to be valid as it goes way back to 1995/6 time, as a similar situation has gone quiet with a different DCA after they sent some paperwork which I picked a number of holes in, also for a MBNA account of the same vintage

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The £1 a month was to keep the debt alive in case your circumstances change and they can get more money.

 

If they were prepared to consider a write-off on medical grounds and your circumstances haven't changed, then I think they may just stick at threats as they'll know they have no realistic chance of getting huge sums from you.

 

My Medical circumstances are not going to change for the better and my financial ones should improve in 4/5 years time long after SB.

I also think they will not push the matter but I would like to have the threat lifted and only replied to them regarding the medical condition after they made the offer.

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8 threads on same debt merged for history of advise

 

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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Like I said the DCA is known to LURK here.

 

A lot of DCAs lurk here, but usually they flood to threads where they are mentioned in the thread title so I was curious as to why they were all on this particular thread. You seem to have an audience of 24. Mind you, it is their lunchtime ....... :-)

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My Medical circumstances are not going to change for the better and my financial ones should improve in 4/5 years time long after SB.

I also think they will not push the matter but I would like to have the threat lifted and only replied to them regarding the medical condition after they made the offer.

 

Unfortunately you may just have to live with the threats because they refused the complete write-off. I've scrolled up a bit and see that Fred's were involved about six months ago. Presumably you still haven't heard from them?

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i'd be checking you CRA file & getting am sar off to MBNA

 

that's will tell you all the info you need

esp on the SB fronts on both cards.

 

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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8 threads on same debt merged for history of advise

 

dx

 

I am a wee bit surprised that you have concatenated these threads as they refer to at least 3 different debts and 2 generic questions.

 

Have I done something to offend you DX?

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Unfortunately you may just have to live with the threats because they refused the complete write-off. I've scrolled up a bit and see that Fred's were involved about six months ago. Presumably you still haven't heard from them?

 

Freds =different debt, they have gone dark for many months after calling their bluff and suggesting Put up or Shut up.

 

Thinking of sending a similar letter to this DCA

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i'd be checking you CRA file & getting am sar off to MBNA

 

that's will tell you all the info you need

esp on the SB fronts on both cards.

 

dx

 

I can think of plenty of good reasons why NOT to do this and all of them have come as suggestions from this forum

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Sorry, I was confused.

 

You could certainly send a similar letter to this DCA.

 

 

I can understand your confusion. I await a reply from DX regarding the concatenation of these threads

 

As to the letter I am contemplating which type of letter to send.

 

Short pithy anglo saxon equivalent of go away with vigour.

A bit longer pointing out their foolishness in pursuing this matter

Extremely insulting and sarcastic regarding the IQ and linage of the companies owners and to some extent the employees.

A long an detailed letter explaining in excruciating detail why they will be on a hiding to nothing as win or lose they will get nothing but a big bill.

And last but not least a simple 'Put up or Shut up' - go away or see you in court.

 

I have used all of the above with varying degrees of success.

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Hello there. What constitutes as acknwoledgement is abased around the facts of the particular situation, there isn't a hard or fast rule. I would probably argue that the above would count as acknowledgement. What's important is that the other party would need to raise it as a bar to your limitations argument - are they aware of the letter?

 

best wishes,

 

Seq.

 

Definition of Acknowledgment of a debt (appendix B) Section B7.: OFT Guidance on Debt Collection 2003/2006 updated Nov. 2012. The updates should be read in conjunction with the 2003/2006 document.

 

A relevant acknowledgment will normally be made by performance of the debtor (or his representative. For example, by making pay7ments or by making an unequivocal written admission clearly acknowledging that the obligation still subsists.

 

As to what constitutes 'contact' with a debtor, General Debt Collection Letters are not considered relevant contact with a debtor. Contact that is relevant is contained in B6.

 

A relevant claim, will normally take the form of the creditor raising an action for payment in court, simply sending a default notice or a letter demanding payment will not constitute a relevant claim. (claim can be taken as also mean relevant contact with a debtor).

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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I can think of plenty of good reasons why NOT to do this and all of them have come as suggestions from this forum

 

you'll be whistling in the wind forever till you get facts not supposition on all three of the cards.

 

and know you certainly done offend me

 

just a wee bit diff to untangle what debt you are going on about sometimes dear boy.

 

bout time you stopped all letter tennis on all 3

that'll sort the lot.

 

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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Definition of Acknowledgment of a debt (appendix B) Section B7.: OFT Guidance on Debt Collection 2003/2006 updated Nov. 2012. The updates should be read in conjunction with the 2003/2006 document.

 

A relevant acknowledgment will normally be made by performance of the debtor (or his representative. For example, by making pay7ments or by making an unequivocal written admission clearly acknowledging that the obligation still subsists.

 

As to what constitutes 'contact' with a debtor, General Debt Collection Letters are not considered relevant contact with a debtor. Contact that is relevant is contained in B6.

 

A relevant claim, will normally take the form of the creditor raising an action for payment in court, simply sending a default notice or a letter demanding payment will not constitute a relevant claim. (claim can be taken as also mean relevant contact with a debtor).

 

Not being a Lawyer nor having legal training please can you confirm that the above means that as we (myself and the DCA) who have only played letter tennis and the only words written by me that could possibly be construed to be such an admission are as detailed in an earlier reply to this thread, this does not fall within the meaning of the above.

 

Hence no acknowledgement.

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you'll be whistling in the wind forever till you get facts not supposition on all three of the cards.

 

and know you certainly done offend me

 

just a wee bit diff to untangle what debt you are going on about sometimes dear boy.

 

bout time you stopped all letter tennis on all 3

that'll sort the lot.

 

dx

 

I am trying to play these DCAs out to SB as although, from previous advice (both to me and others) I have concluded they do not have sufficient to go to court.

 

However, to be on the safe side I have not simply ignored them, but tried to keep up a dialogue.

 

I am aware that one cannot predict the outcome of court action so although I am reasonably certain of the outcome, I would rather not test it in court unless I absolutely need to.

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sounds reasonable

 

though AK are the only ones that try on mbna usually

 

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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sounds reasonable

 

though AK are the only ones that try on mbna usually

 

dx

 

I exchanged a couple of letters with them - they disappeared over 18 months ago, perhaps they did not like something I said.

e.g. "I am at a loss to decide if you are stupid, incompetent or just illiterate! "

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