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    • Hi, this is the amended and hopefully final defence. Would someone just give it a once over for me before it's ready for filing on MCOL. I'm doubting myself but as I recall I don't need to post to the Sols or Claimant, just submit online?   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 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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   3. Paragraph 1 is noted. I have in the past had financial dealings with New Day in which I can’t recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 78 request via signed for delivery which the claimant has failed to comply with.   4. Paragraph 3 is denied. I have not been served with a Termination Notice or Default Notice pursuant to sec 87 (1) the Consumer Credit Act 1974.   5. Paragraph 4 is denied. The defendant contends that no notice of assignment pursuant to s136 Law of Property Act and s82 a of the Consumer Credit Act 1974 has ever been served by the Claimant as alleged.   It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) Show how the Defendant has entered into an agreement and; b) Show how the Defendant has reached the amount claimed for and; c) Show the nature of the breach and evidence by way of a Default Notice pursuant to s87.1 CCA 1974. d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.   As per Civil Procedure Rule 16.5 it is expected that the Claimant prove the allegation that the money is owed.   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.
    • Okay, it's turning out better than I expected. We can go over a resume of the situation when you get it back and see what you think might be outstanding and if you want to do anything about any of it.
    • Back home now - Not a wasted trip entirely but did not come back with the car. They took it in straight away at 8 to sort out the navigation which apparently is resolved.  Next was a health check again: 1. Battery = defective 2. Fuel Flap solenoid - Apparently this was on the MPC but I even missed this.  So another one to add to the list of not rectified but vehicle handed to us.  Worst case with this is the flap does not open. 3. Sun Visor - Requires replacing 4. Navigation - Resolved 5. Tyres - The low tread has been deemed as perished - again, I do not understand how this went through MOT the day before collection!  And they also found a nail in the tread - by the looks of it and the lack of miles we've covered, it's been in there a while.  Agreed front right is budget make.   Took a bit of to/fro but all points have been authorised by Sales for Servicing to carry out - essentially as Sales missed this (or were told it was good to sell), they foot the bill.  Internal politics and all fake/virtual money.   The bad news is despite a note to order the battery last week "just incase", it was not done so battery, solenoid, visor and tyres all will be ordered in for tomorrow and resolved tomorrow hence coming back without it today. Upside, after a bit of pushing, I did get an Automatic Q3 70 plate which was the salesmans own demonstrator.   Salesman also apologised for the way he had been/tone used last week so we've put all that in the past (if everything is sorted!)   Finally, raised the fact their MPC states various services need doing.  The service advisor agreed, checked and to my surprise, the day we picked it up, they were completed. I got a printout stating this which included the oil service (even though it was done in September), gearbox service, Haldex (for the quattro system) and brake fluid.   Only thing I need to ask tomorrow is the parts list does not state Gear Box filter which is part of the service on the s-tronics and gear oil seems to be 1x G060175A2.  IF I am reading this correctly, this is only a top up of 850ml and not a complete service which should be around 5-7 litres + filter.
    • as long as returning the car doesn't cost you ...yes. however you are not compelled to do so out of your own pocket. you simply write, if you need too, stating the car is ready for collection at anytime but please advise me first.   but of course, be a wee bit smart here, until/unless the judgement is actually satisfied, it goes nowhere! dx  
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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See post #4

 

 

Yes I will have to do a letter just not sure on best way how to do so? im still waiting for them to answer my email I have sent them as I really don't feel confident enough trying to talk to them on the phone

 

my bank wont do anything at moment till I get the replacement bank card

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You dont talk to them on the phone. Why wouldnt you be confident though? If what you say is true, then someone has committed fraud, and you seem to be ok with that.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Righto, so you want the bank to send the "original loan" apparently taken out by someone else - back to mini credit.

 

That is fine, the bank should be able to do this for you. But there is no way you should be responsible for any interest or charges. You should contact Action Fraud as already advised - let your bank know that this is either an error on the part of Mini Credit or fraud by someone else.

 

Send a letter to Mini Credit and confirm again, this is either an error on their part or fraud. Tell them that if they don't cease with the harassment you will be escalating your complaint to the OFT and the Financial Ombudsman. Give them 7 days to respond - if they don't, then get those complaints off.

 

You should NOT speak to them on the telephone at all.

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

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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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Hi thanks for getting back to me, I just want to get this sorted I don't want this hanging over my head I know its not as much as other peoples on here but its scary that someone else was able to do this in my name I understand the £80.50 needs to be paid back I just want them to remove these charges/interest as that is just wrong how was I meant to pay something back I didn't even know about, if they was able to get in contact with me like they said they was trying to do could have sorted this but I don't even have a log in on their site so surely they must take that into condensation what does this Financial Ombudsman do?

 

 

thank you

 

 

Righto, so you want the bank to send the "original loan" apparently taken out by someone else - back to mini credit.

 

That is fine, the bank should be able to do this for you. But there is no way you should be responsible for any interest or charges. You should contact Action Fraud as already advised - let your bank know that this is either an error on the part of Mini Credit or fraud by someone else.

 

Send a letter to Mini Credit and confirm again, this is either an error on their part or fraud. Tell them that if they don't cease with the harassment you will be escalating your complaint to the OFT and the Financial Ombudsman. Give them 7 days to respond - if they don't, then get those complaints off.

 

You should NOT speak to them on the telephone at all.

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I think once your bank has reversed the loan and you have written advising this is ID theft or fraud then they will leave you alone.

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 think once your bank has reversed the loan and you have written advising this is ID theft or fraud then they will leave you alone.

 

 

 

I hope so I cant they wanted me to pay almost £200 in charges so all together they wanted £268.10 I know its very little compared to others on here but I should have been put in this situation

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The Financial Ombudsman is an independent body that investigates consumer complains about the financial industry. They can award compensation to the consumer and instruct the banks / financial institution to apologise.

 

I suggest you have a read of their website.

 

http://www.financial-ombudsman.org.uk/

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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how long do they take to answer back, is it worth me telling them about this or will I tell minicredit first if I don't hear from them about this I will talk to this onbudsman?

 

 

this was on the letter " legal action can be taken against you if you don't make payment infull within 10 days and your account details will be referred to credit reference agencies such action will adversely affect your credit score and your ability to receive credit in the future "

 

 

is this something to be worried about?

Edited by Carl19
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Why ar eyou bothered about charges on a debt you say you dont owe? Either you are completely out of the loop here and havent read the forums, or something doesnt add up. Follow the advice already given and youll be fine.... If you legitimately dont owe the debt.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Yes, thank you for all your help with this, im waiting to hear from minicredit to see what they have to say I don't know how long they can take to answer me back im not going to call them if that will cause more problems for me

 

 

does anyone know what this legal action could be they may do, will they still do that as ive sent them a email explaining what happened and waiting to hear from them?

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They have a max of 8 weeks to sort it out. They wont take ANY legal action at all, because as you said " i didnt take out a loan with them and never had any dealings with them".

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ok they sent me this email back this morning whats the best way to answer back to them

 

 

Dear Carl .,

 

A MiniCredit Claims Department member has replied to your claim, with the following response:

 

 

The following response is being sent to You according to the Formal Complaints Procedure.

 

 

 

We have very strict procedures in place to enable us to prevent and detect identity fraud and money laundering. During the loan application process applicants are asked to enter personal information which is then verified with a leading credit reporting agency. A unique PIN is also sent via SMS to applicants’ mobile phones (mobile phone numbers are also independently verified) and loans cannot be issued without this PIN. A high standard of care is also exercised to ensure any loan funds are sent to an account that actually belongs to the applicant.

 

 

 

When Microcredit Ltd issues a loan to the customer we have made sure that the account and sort code match the customers provided details which means that we have made sure that the loan was issued to the customer. The customer is therefore responsible for returning the funds including the interest added for the days that he/she has used the funds for.

 

 

 

If You claim that You have not applied for the loan and the funds were withdrawn from Your debit card then this needs to be proven by the higher authority. If Your bank or the Police is able to prove that You did not apply for the funds then Microcredit Ltd will claim the funds from the suspect.

 

 

 

If the Police or Your bank is investigating the theft which could prove Your innocence then as a witness we would like to help the Police during this investigation by sending all the details that we have been provided with during the registration including the IP address where the loan application was preformed from. In order to do so the Police needs to send us a Data Protection Act with a formal enquiry so we could disclose this information with them.

 

 

 

If possible could you please include the following details when writing to us:

 

1. Were your banking details stolen (and if so give full details)?

 

2. On what date did you receive funds into your account from MiniCredit? On what date were those funds stolen? Please provide copies of the relevant bank statements.

 

3. Have you reported the matter to the Police? If so when did you do this and what is the Crime Reference Number the Police gave you?

 

4. Have you reported the matter to your bank and cancelled your debit card? If so when did you do this?

 

5. Give details of any investigation carried out by your bank or the Police in relation to this matter.

 

6. If the funds remain in your account please also ask your bank to return the funds to us.

 

 

 

As soon as we have been provided with reasonable doubt that You are being pursued for debt that You did not apply for, we have the opportunity to put the Debt Collection process on hold until further notice. When we have received the proof from the Police or the bank that the funds were not used by You and were unlawfully withdrawn/used by a third party, then the debt will be written off.

 

 

 

The Police may send the Formal Request for Information to us by fax on the number 0207 138 2919 and we will provide them with the necessary information.

 

 

 

We are sorry that you have been placed in the position of raising this identity fraud matter with us and we will do our best to resolve the matter quickly and fairly.

 

 

 

We hope this response has sufficiently answered your questions. If not, please do not send another email. Instead, reply to this email.

 

Kind regards,

Minicredit Claims Department

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Ok. forget that claptrap they sent you.

Im going to ask a question, and i want you to be completely honest, as my advice WILL cause you to get in further trouble, and not with minicredit, if you dont tell the truth.

 

 

Did you take out a loan with minicredit, or have any dealings with them? Please answer honestly , we arent here to judge, and we wont make any comments. We just want to help.

 

 

If you genuinely didnt, then you MUST contact actionfraud, tell them what has happened. Once you have done that, you will gain a crime reference number from them. You can then come back to us and we can help you with a letter that tells Minimuppets straight and exactly what will happen from this point forward. Trust me. They wont be able to bluff their way out of this if it is THEIR fault.

 

Now, if you dont tell the truth about the above question, and you get actionfraud/police involved, then you could be done for wasting their time.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi, I do understand where you are coming from but ive never taken a loan out and had no interest in to take a loan out as im not working at moment and I don't want this hanging over my head, my bank has started looking into this im just worried that who ever did this can do it again

 

 

Ok. forget that claptrap they sent you.

Im going to ask a question, and i want you to be completely honest, as my advice WILL cause you to get in further trouble, and not with minicredit, if you dont tell the truth.

 

 

Did you take out a loan with minicredit, or have any dealings with them? Please answer honestly , we arent here to judge, and we wont make any comments. We just want to help.

 

 

If you genuinely didnt, then you MUST contact actionfraud, tell them what has happened. Once you have done that, you will gain a crime reference number from them. You can then come back to us and we can help you with a letter that tells Minimuppets straight and exactly what will happen from this point forward. Trust me. They wont be able to bluff their way out of this if it is THEIR fault.

 

Now, if you dont tell the truth about the above question, and you get actionfraud/police involved, then you could be done for wasting their time.

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Ok. Contact actionfraud, get that crime number, and let me know when you do. Ill write a good letter for you to send them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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It will be,. You just need to stop believing what the idiots say.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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