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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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Hello

 

I'd really appreciate your input please.

 

I vacated the property on 2nd May 2014( after 3 years of renting). Rent was paid up to the 5th.

I kept the terms of the tenancy agreement, prompt notice given and rent paid. I turned the keys in on time, cleaned the property, however, did not manage to cut the grass (grass was not cut when we moved in anyway) as left it too late and the bad weather prevented me from doing it on the last day.

On 6th May 2011 I paid rental deposit, that I was told was protected by My Deposits scheme. The copy of the certificate I still have, looks a little dodgy (bad copy) but it has the all important Cert No. It also tells me the Period of Protection: 06 May 2011 - until 3 months from the date you vacated the property. This means that it is still protected, right?

 

My first question is: why then, when I enter the Cert No on mydeposits website my deposit is not found?? What does that mean?

 

Also, when I was called into my agency's office after I moved out, I signed a paper confirming that I agree to pay for damaged carpet & broken sink. I bought a new sink and left it there but the agent claims it doesn't fit, so I agreed to pay for a new one. I was not given a copy of that paper and made a mistake of leaving the office without one. I was rushing to get back to work as I was on my lunch break, but when I realised my mistake I emailed them to ask for copy (twice!) but received no reply at all. I was never told how much it would cost me to pay for these things. Is that acceptable???

I emailed twice asking for that information but heard nothing from them. Shall I write to them again? How to word my request to avoid being ignored?

 

Huge thanks for any advice you can offer! Monika

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I have now checked with all DPS companies and my deposit is nowhere to be found. I am guessing the agent did not reregister therefore my money was not protected. What shall I do now?

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Hi MonikaT

 

Welcome to CAG

 

Answer the questions:-

 

http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes/deposit_protection_and_tenancy_deposit_schemes

 

If you need further assistance just ask.


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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Hi, thank you, I have used that website already and it appears my deposit is no longer protected.

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Just some questions:-

 

How much was the deposit?

 

How much did they want for the carpet & broken sink? So they didn't tell you.

 

How much did the first sink cost you?

 

Did you buy the second sink? Have you got a receipt?

 

So they aren't responding to your efforts to communicate with them?

 

What's the name of the estate agents?


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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On 6th May 2011 I paid £550. I was not told how much it would cost to replace the living room carpet or the bathroom sink (I bought one but they claim it doesn't fit). Neither the carpet nor the sink were new when I moved in, therefore I was informed they can only charge 'like for like' rather than demand brand new. I am not sure whether this is true or not though.

I bought the sink from someone who had one too many, no receipt. I paid £35.

They are not responding. No communication whatsoever since the day I visited their office around 6 or 7th May. None of my emails were acknowledged or replied to.

The name of the agent is xxxxxxxxxxx and they are based in xxxxxxxxxxxxxxxx.

Thank you for taking the time to read and reply :)

Edited by rebel11
added the year to the date / reb removed name

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Hi MonikaT

 

Phone CAB/Trading Standards tomorrow, explain the situation. They will give you a reference number.

 

Write to the Estate Agent.

 

Use the first letter in the link below (ask your landlord to return your deposit) that you need to fill in carefully.

 

Add the CAB/Trading Standards Ref No to the letter as follows:-

 

Ref No: XXXXXXX, CAB/TRADING STANDARDS

 

Send it Recorded Delivery.

 

http://england.shelter.org.uk/get_advice/tenancy_deposits/getting_your_deposit_back/court_action_to_get_a_tenancy_deposit_returned


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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It is your LL responsibility to protect and return your deposit, however some leave it to the LA to do or they even act as stakeholder, through the DPS. ( not in this case or it would have been registered. )

In your letter before action to the LL, copy to LA, insist that the deposit is returned within 7 days, or you will start proceedings through the courts for recovery, and mention that as the deposit was not protected, the LL will be liable to give you compensation up 3x the deposit. ( up to judge though ).

Yes all items that need to be replaced are less wear and tear.

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