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    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? n/a What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment?  Yes Did you receive a Default Notice from the original creditor?  Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
    • Just to update no reply from Marston regarding letter no further visit as yet.    
    • said that many times already.   time to move on me thinks   dx
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Hi

Today I got a letter from RLP stating that I had been involved in a wrongful act and my actions caused significant loss to their client Tesco. They are demanding 147.50.

 

What really happened -

I bought a lot of electrical items, totalling 110 pounds. The cashier must have not scanned one item without me knowing (honestly!) which was a 12 pound set of headphones. I was stopped at the door as it beeped, I apologised and paid straight away at the customer services desk.

The security guard said no further action would be taken, he had to take my details for his records, along with a copy of the receipt for 12 pounds.

 

I phoned them up to tell them this and they said they would investigate and check the cctv and that they had 2 witness statements from tescos which "didn't seem very clear". Which is odd because there was only one person present, the security guard!.

 

Can you advise me how to proceed, I was going to send the following email to them, but after reading this forum I thought I would check with you guys first, do I need to be contacting Tesco directly first or taking other action?

 

=============

This is in follow up to our telephone conversation with you today, 14th February 2013 at 14.08 with your colleague Ellie King as your terms require a written response.

 

The allegations made are false.

 

One item out of a large purchase was not scanned by a Tesco cashier. This was unknown to us until a bag check at the exit to the store. We had already purchased and paid for several other items of the value of £110 in this transaction.

The item in question (a £12 headphone) had not scanned properly. On discovery of this we immediately made payment at the customer service till. There was at no point any "significant disruption" to your client. The item also did not scan on the customer service till and 2 attempts had to be made to get the item to register on the till.

 

On both purchases a Tesco clubcard was scanned and the security guard also took a copy receipt for his records so there are several proofs of purchase available to them and no losses to your client were made.

 

The security guard informed us that no further action would be taken and that our name and address were only for him to complete his normal paperwork.

 

At no point did we attempt to take goods, and all goods were paid for in full. Reviewing the CCTV will show us queuing in the upstairs section of the store with all items.

 

You informed us that Tesco had 2 witnesses. This is false. We were stopped by 1 security guard, there were no other Tesco or security staff present at this time, other than the cashier we used to pay for the item who had no knowledge of the incident. Again the CCTV footage will confirm this.

 

We politely request that this claim is cancelled. I believe this can be put down to an honest mistake caused by your clients checkout operator, and as no loss was caused to your client there should be no further action.

==============

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RLP are well known for pulling this con trick.

 

I am sure others will advise, but IMO there is nothing you need send them other than a simple statement along the lines of,

 

Dear Bill&Ben,

For the avoidance of doubt, I have no legal liability to you or anyone else you claim to represent, this matter is now closed.

Regards,

PRINT YOUR NAME.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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As BB says, RLP are well known here.

 

You need do nothing at all with them. If you must send them something then BB's letter would suffice.

 

You will get a few increasingly scary letters from RLP but they can do nothing whatsoever to you.

 

Remember, the mistake was all sorted out at the store and you have paid for all goods.

 

There is no legal basis for RLP demands despite what that outfit might try and tell you.


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In the circumstances, I see no reason why you cant send your letter to RLP, but do copy it to Tesco Head office as well.


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