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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
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    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
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    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the xx/xx/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the xx/xx/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, xx/xx/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. 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.
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Agent pocketed payments, provi wiped CRa file - now its back under BCW - HELP!!


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My son has come to me today completely shattered,

 

BCW have ruined his credit rating with a debt which was wiped out in 2010

from provident due to thier collections agent not making the payments given to her

and taking out fraudulent loans in her customers names.

 

How can I help him to get his credit file cleared

 

I know what its like to try and deal with these , but he has always paid his way

and I know he made all the payments on this loan and the balance of 300 odd pound

was totally down to his payments not being credited to his account by the agent.

 

I did write to BCW for him to explain what had happened

but we had the standard response of we bought the debt in good faith

and our client has confirmed the debt is correct,

 

his credit file was excelent two months ago but

 

now since BCW it has gone down to poor as they have updated the records on 23/03/14

showing a default date of 15/11/2009

 

how can they apply a default that old now without investigating it properly

and dose the default stay 6 years from the later date or the date of the default

this is all so unfair,

but the credit ref agency and BCW work like thiefs together against people.

 

and lastly how can they apply a default to an account which is clearly in dispute.

 

Any and all help and advice would be most appreciated.

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Hi

I suggest a notice of correction with the CRAs for starters.

 

Write a formal complaint to Provident and demand action.

 

Write to BCW and demand they place a hold on this while Provi do their stuff.

 

Was the agent prosecuted? Was there a crime number involved?

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if he has no written proof of wht provi did

 

then you need to send them an SAR

 

get all the docs

 

then send a letter of complaint to the CRA's/BCW

 

to get it removed.

 

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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showing a default date of 15/11/2009

 

dose the default stay 6 years from the later date or the date of the default

 

due to thier collections agent not making the payments given to her

 

Hi,

 

The default will stay for 6 years from the default date, not from when it was applied.

 

The default will fall off of your sons Credit Reference File on 15/11/2015.

 

As Silverfox asked in post #2, if this was taken out fraudulently is their a Crime Reference Number or did the Agent get disciplined/sacked or any criminal prosecutions take place?

 

I take it that the collections agent marked your sons payment book that she received the money?

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

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Hello thank you for your replies,

yes there would be a crime reference number as it turned out to be quite a big case with a good number of the agents clients being effected

 

the agent actually did go to prison for the offences, and there were a lot of loan accounts that were struck out due to the case.

 

Stigman the agent was a family friend and we never saw the repayment book

(I know that was stupid and gulible but we had known the agent for years) and

 

when Provident told us the loan had been wiped off there didnt appear to be any need to chase it,

 

If I remember Provident at the time tried to collect the repayments they said that were short

but, we were adamant they had been paid in full

 

it was a loan with a starting balance of £1,800 and they tried to claim that there was £300 odd pound outstanding,

But because provident could not produce a payment book, and there were others with missing payments

they finally agreed to clear the loan, and

 

I think they put the default on at this time when they were still trying to get some of thier money back,

and later changed the record and removed the default, which is why it has not been shown on my sons file,

untill now with BCW rubbing thier greedy little hands.

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The default will have been placed by Provident originally this company did/does not always report account to the CRAs.

 

 

You need to raise a formal complaint with Provident asap this must be fully investigated and responded to within 56 days.

 

 

Is there any "written" evidence of the "agreement" to clear the loan?

 

 

Also a SAR to Provident may produce some useful documentation.

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Letters done also included my local MP He has been good in the past with a complaint against the inland revenue

Well done!!!

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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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