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    • Just an update on Celticheart37 versus Barclaycard.   On the claim for my late Husband's PPI, Barclaycard have responded saying they have been unable to locate a PPI Policy . They say he held his card since 1979 ( not the late 1980's as I had believed) which means that PPI did not exist and that is fair enough. I accept that PPI did not exist in 1979 so couldn't have been included. So that is the end of that one.They could have told me that at the beginning rather than let me search for proof that would not exist , but never mind.   On my own Barclaycard claim for which they have offered me a refund  "based on averages", I have sent a SAR requesting my statements back to 1993 when the account opened,so hello 12345 I will post an update when I get a response and let you know how far back  they were able to go !   Celticheart37
    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and 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.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
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fkofilee

Finally.... MMF Appears...

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Guys

 

I'm a little concerned, I've been delaing with MMF for quite some time now and last November they "Lost" my letter which had proof to close these accounts... Now ive just logged online to Experian for the first time...

 

MOTORMILE FINANCE ...

Pay Day Loans

Default £168 06/04/2014

MOTORMILE FINANCE ...

Account Updated to: 06/04/2014

 

 

Date of Birth:

Account Type: Pay Day Loans

Started: 02/02/2012

Current Balance: £168

Default Date: 16/02/2012

Default Balance: £138

View Account Status Details:

Account Status Details

(1-12 months):

 

Last Updated 06/04/2014

 

£168

 

 

To give you some idea, they started reporting it in April this year,

 

The account listed was fraudulent along with the other 2 accounts they hold.

I don't know what to do anymore with MMF, I want the account/s removed... But I know MMF wont listen...

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ICO, FCA and FOS complaint. Especially as theyve listed the default as april this year. You need to report it to everyone. The more publicity MMF get about their unlawful practices, the faster theyll get shut down.


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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Not according to what you posted it isnt. It says it at the bottom, but at the top it says 2014. Could just be me, but i would still get the regulators involved as they refuse to remove an entry that is clearly invalid. Infact, i would demand compensation too as it is clearly fraudulent but they refuse to listen.


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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I think it is just poorly worded, but it is confusing and may be misinterpreted as being a default in 2014 (which is I think the date MMF acquired the debt).

 

 

Do you have all the data on the fraud matter?


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I see your point Brig... It can be take as defaulted this year...

Although further down it says the default date. Anyhow... Yes i do have all of the paperwork etc.

 

Im tempted to send another copy of the letter, but im worried they will "Misplace" it again. I have no trust of any DCA but MMF are a nightmare

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I see your point Brig... It can be take as defaulted this year...

Although further down it says the default date. Anyhow... Yes i do have all of the paperwork etc.

 

Im tempted to send another copy of the letter, but im worried they will "Misplace" it again. I have no trust of any DCA but MMF are a nightmare

 

 

That entry is defamatory imo, a letter before action would be my next step.

 

 

Dealing with a similar matter elsewhere I suggested sending an LBA by a courier service to confirmed delivery proof a small cost in relation to the damage caused I think.


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The information on the credit file is crystal clear. The default date is 16 February 2012. It was last update by MMF on 6 April 2014. Can't see any ambiguity whatsoever. Funny............I thought this couldn't happen according to the 'experts' on here.

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I brought up the dates because you said that the date of default could be interpeted as 2014 when that is clearly the date of update. Date of update and default date are entirely seperate. I am not being disrespectful by pointing out the fact that these dates are two entirely seperate things. Fkofilee - you say we have all seen what MMF can do, have we? Why do people on this forum keep saying that it doesn't happen then? Saying it doesn't happen so you don't have to admit you are wrong doesn't help anyone. It is happening whether people say it is or not.

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Thread tidied.


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Surely if this account is fraudulent then it doesn't matter what the credit file says as the OP should be proactive in getting the fraudulent account removed anyway?


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Surely if this account is fraudulent then it doesn't matter what the credit file says as the OP should be proactive in getting the fraudulent account removed anyway?

 

Exactly IMS, in a previous thread about this, i Spoke to actionfraud again and registered yet another case with them.

I even sent a letter to them with distinct proof from the bank in question advising the account was fraudulent and the transaction were not my issue.

MMF signed for that letter on the 15th November last year. I spoke to Barry 7 days later... What did i get?

 

"Weve never received it" , yet when supplied with proof they had done from Royal Mails website (Recorded Delivery... Im not that silly), they say they couldnt find it... It was directed to Barry himself!!!!!

Signed for at protection house... :sigh:

 

Ive tried everything, I even emailed the team at MMF and Barry last week, when i found this account, he catorgorically promised the account would NOT be put on my CRF and the accounts would remain on permanent hold. Last week they will still on hold but no response from Barry.

Ive been as proactive as i possibly can...

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So you have stopped at MMF?

 

Have you not sent all of the evidence that this is a fraudulent account to the ICO for example?


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Also, please link to your other thread on this issue as it may well be better for them to be merged so that all of the history is in once place.


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Read Here

 

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Thread tidied.

What needed "tidying" ims???

 

 

My post remove Ocelots left in place very strange.


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Hi IMS

 

Ive been through and found it, sorry for creating a new thread.

 

 

 

Also, why do i need to go to the ICO... I shouldn't have too in the first place, but im considering it right now.

 

 

Please remember i was also asked by Bazza to leave CAG...

Edited by ims21

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Hi IMS

 

Ive been through and found it, sorry for creating a new thread.

 

Ah ok got you...I have edited your post for obvious reasons.

 

Also, why do i need to go to the ICO... I shouldn't have too in the first place, but im considering it right now.

 

Well if you want it resolved and MMF are not doing anything then you need to get the appropriate bodies involved.

 

Please remember i was also asked by Bazza to leave CAG... Eh? Maybe you ought to PM me on this

 

See above in blue


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Read Here

6. Staying Calm About Debt

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So my issue with MMF is STILL ongoing. This has been an ongoing saga for the last year and 3 months. It has no sign of stopping.

I have had more accounts appear on my CRF for Cash Genie and the same from before. All of these accounts are Fraudulent and i gave MMF everything they needed. But STILL Nothing.

 

They advised they had conducted their own "Investigations" in which they decided that they are still going to pursue me for these regardless.

As this has been going on for nearly 15 months and Im still pursuing them. Have i lost my right to refer this to the Ombudsman?

 

Pat and Barry @ MMF Say "Yes you have"

Im thinking "No I Havent"

 

FYI Accounts are listed below;

 

Original Creditor: Cash Genie

Current Balance: £1,643.00

 

Motormile Reference: M1081430

Original Creditor: Quid 24

Current Balance: £375

 

Original Creditor: Cheque Centres

Current Balance: £167.81

 

Original Creditor: Cheque Centres

Current Balance: £167.81

 

Original Creditor: Wage Day Advance

Current Balance: £139.20

 

Whats interesting, When checking with the Cheque Centres, they confirmed that it was just one loan... Not 2 :/

 

Im struggling here.... I need help and Im now not sure where to turn to.

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Get the FCA and FOS involved here. Get complaints into everyone and stop worrying. Ignore what the PDL's say about their own investigations. They are likely to be sat in an office and say " This guy says these accounts are ID theft." Second guy simply says " Ignore him and chase him. he'll probably pay up anyway".


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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Get the FCA and FOS involved here. Get complaints into everyone and stop worrying. Ignore what the PDL's say about their own investigations. They are likely to be sat in an office and say " This guy says these accounts are ID theft." Second guy simply says " Ignore him and chase him. he'll probably pay up anyway".

 

Its not the PDL that say that... Its MMF that say that.... And they now own these debts, not administer them.

They have now asked for Bank statements... Do i entertain this as i really dont want too... This would involve me sending statements for an account that has nothing to do with this situation as these loans were apparently paid into a fraudulent account for Cash Genie etc and the other loans were taken out F2F.

I have an issue because around that time my passport was stolen and only had a few months left on it. It was taken by the individual that caused this and then disappeared off the face of the earth.

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MMF pay as well be a PDL. However the response will still be the same. You know how MMF operate, this shouldnt be a surprise. The guys behind it do not care about the law/regulation. They are in it purely to make money and they dont care how they get it as long as they do.


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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MMF pay as well be a PDL. However the response will still be the same. You know how MMF operate, this shouldnt be a surprise. The guys behind it do not care about the law/regulation. They are in it purely to make money and they dont care how they get it as long as they do.

 

Yeah i know. Im just stuck on this one. Im frightened that the FOS wont help as this has been going on for so long.

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Fos can help at any time. The only pre-requisite is that you exhaust the companies own complaints procedures first. If you have proof its id theft, then get action fraud involved, and get the crime number. FOS and MMF cannot shrug it off then.


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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