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    • OC 's don't do court   dx  
    • you will also need a copy of the CCJ and the particulars of claim on the claimform as... you'll need the particulars of claim as we don't know the judgement sum nor if post judgemental interest was allowed. did you defend it? did you ignore it? did you not get it?  did you know nothing about it?   its very rare on welcome debt either taken to court by welcome (doubtful in 2013) or a DCA (more likely)  i will suggest the debt was already at £18k before the CCJ so nothing bar court charges were added   please advise  i love bashing welcome and DCA but we can't help until we know our actual target and who did what and when.                
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    • I am sorry not to have responded in time to your thread. I have an awful lot going on.   I am hoping that you still haven't sent off your WS  as I have just seen a copy of Southend Airport  ByeLaws 2020. which will help you no end.     https://d1z15fh6odiy9s.cloudfront.net/files/board-approved-london-southend-airport-byelaws-100220-d14ca659.pdf   If you go to Section 5  the headline reads 5. Prohibited acts on parts of the Airport to which the Road Traffic Enactments do not apply:   In other words the roads on the airport are either governed by the Road Traffic Act or the airport Byelaws- neither of which are classed as relevant land. Therefore PoFA DOES NOT APPLY throughout the airport.   Take a copy for the Court and point out that the VCS WS is somewhat lacking in accuracy. It is inconceivable that VCS have not read the Byelaws since they are operating there.    So looking at their WS it reminds me that a good few years ago it was said about the WSs of  parking companies that they and their lawyers simply do not care about the truth and are content with regularly supplying false information to the courts, happy that they will not produce a witness to defend their porkie pies, and that nothing bad will therefore happen to them.   This practice should stop since were the authors to have to appear in Court and challenged, their perjury would not only be clear to see but it would put a stop to the practice. If they don't turn up in Court they get away with their lies and are able to repeat them ad nauseam. And this WS is full of lies and misdirections -not that you can say in Court they are lies but you can point out where there is contradictions shall we say and let the Judge decide.    The WS says in point 31 that they robustly deny that their sign is prohibitive.    You could point out that  District Justice Glenn  in Parking Control Management (UK) Ltd v Bull & 2 Others (B4GF26K6, 21 April 2016), at the High Wycombe Court said    “If the notice had said no more than if you park on this roadway you agree to pay a charge then it would have been implicit that PCM was saying we will allow you to park on this roadway if you pay £100 and I would agree with Mr Samuels’ first analysis that essentially the £100 was a part of the core consideration for the licence and was not a penalty for breach.   The difficulty is that this notice does not say that at all. This notice is an absolute prohibition against parking at any time, for any period, on the roadway.   It is impossible to construct out of this in any way, either actually or contingently or conditionally, any permission for anyone to park on the roadway.   All this is essentially saying is you must not trespass on the roadway. If you do we are giving ourselves, and we are dressing it up in the form of a contract, the right to charge you a sum of money which really would be damages for trespass, assuming of course that the claimant had any interest in the land in order to proceed in trespass.”   And of course VCS cannot sue for trespass as they are not the landowners.  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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AK/Judge & Priestley - claimform - old MBNA card 'debt'


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o my word

 

in the signature box does what does it say

 

regards

 

lilly

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Hi out of the red, i doubt if it is an enforcable agreement, if you go to Dealing with debt in Scotland and click on my thread : reply from Link financial and read the alleged CCA from MBNA that was sent to me, and the comments from fellow caggers should be of help to you. If the application form copy that they sent you is found to be invalid ( which it probably is ) then send them the get lost letter.

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Signature box says

 

This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms

 

Still does not mean that it can be a valid agreement,seems to be plenty of holes in it,so go for the in dispute letter:lol:

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there you go

 

i would now refer to the wonderfull pt2537 tread

 

egg credit agreedments what i think is wrong with them

 

it is duff

 

i would urge to read other comments that are made

 

happy days

 

enjoy the rest of the evening

 

best regrds lilly

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Very interesting, the front of your agreement is identical to one of mine bar the referenec numbers.....however the back is very different !

 

Naughty MBNA have been a little creative here I think !

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I have a 1998 alleged CCa almost identical front , slightly different back on seperate sheets with non matching handwriting of ref numbers

 

 

Are you saying you have a copy of the original ?

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So they have just whipped in a copy from that period but it may have absolutely nothing to do with my card??

 

got it in one, so if the account is in dispute, you have no obligation to pay until they supply the agreement. have you told them this? Now if you want to kick a little you may want to request via CPR to get sight of original agreement ( yes the one that probably doesnt exist).

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Yes I sent them an account in dispute letter, will send them the CPR one now...thank you!!

 

got it in one, so if the account is in dispute, you have no obligation to pay until they supply the agreement. have you told them this? Now if you want to kick a little you may want to request via CPR to get sight of original agreement ( yes the one that probably doesnt exist).

 

Just been thinking about this today, sorry that should be stressing, and really wondering where I go from here.....I'm kinda lost as to where I stand with regards to enforceability. Sorry if I am asking you to repeat something that's already posted but I need to be straight in my mind.

 

MBNA have sent me a letter today saying that are going to register a default against me as I still haven't paid anything. This is a template bog standard letter they obviously send everyone

 

Can I continue to ignore? What would be the benefit of sending the CPR letter? Should I make a full and final settlement offer? HELP!!

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OK obviously its up to you at the end of the day how you go with this as regards offering them anything. Please take a step back for a few hours or days it really wont do much harm to look into this further. If youve not been supplied with the original agreement via your CCA request, then they are in fact in default of that request. However, they have interpreted your request to suit themselves, they could possibly get away with this at court, so this is a bit hit and miss.

Now comes the next bit, If you decide to make a CPR request for the original document, in theory they should follow the CPR rules. So you'd sort of have them by the short and curlies should they sell on ( more likely)or take you to court.

After all, you are trying to see if this 'agreement' is all above board and legal. This is quite a reasonable request to make. Being a reasonable person, as you are, You'd be more than willing to negotiate with them once you know what the hell the agreement contains.

(It could tie you selling your offspring at age 7 to some aging rock star for all you know)

If they supply it and its all good, you can offer something. If they dont accept your offer, they could take you to court for the debt.

So, the likelyhood of a court claim being put in against you is fairly likely. Either by way of you not paying, or them just doing so because you've been impertinent and questioned their inadequate paperwork.

The trick is, to have a good papertrail to show you have made every possible effort to obtain from them, proof that they legally can claim against you.

I could go on , little tired but hopefully you get the jist.:-|

 

Just to add this little bit, heres a link to your question for the default they threaten.

http://www.consumerforums.com/component/content/article/47-guidance-notes/98-have-you-been-defaulted-on-a-disputed-account.html

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Ok so really the only way I can possibly force them into accepting a full and final settlement is if the documents in the CPR request are not 100%

 

I naively thought this would be simple and hoped they would just not have the paperwork and I could offer a full and final and that would be that.....

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Ok so really the only way I can possibly force them into accepting a full and final settlement is if the documents in the CPR request are not 100%

 

I naively thought this would be simple and hoped they would just not have the paperwork and I could offer a full and final and that would be that.....

 

LOL, welcome to the wonderful world of the banks and DCA's, where they have their own set of rules and mostly ignore all of the regulations you would think they should abide by. They will string you along and you wont get them to admit they are wrong in any way.

Then you'll get a court summons.

The only option really, Thats if youre prepared to battle, is to get this sorted legally through the court system.

Remember, this is all a big game, some they win, some they dont.

Our aim is to get more wins against them for their shoddy, unprofessional atitudes to people.

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Hmm....so at this point then it's probably not worth me trying to go down the full and final settlement route.

 

Sorry to keep asking all these questions which you've no doubt seen a million times before but am I ok to continue not paying as things currently stand?

 

I'm finding this very stressful as I would rather just offer them £2k to go away, the debt is currently just under £10k

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Out of the Red,

Yes this is stressful, but hopefully you'll get stronger as time goes by.

Plenty of people here have been where you are and bought the tee-shirt. (Some have even had the banks pay for the Tee-shirt:)).

There is no right or wrong way to do things. So, you'll ask a question , but maybe get what seems like conflicting advice.

The more time you spend looking at what different people have done and what theyve achieved, I'm sure you'll get to a point where a light comes on and you'll be able to make the best decision for you situation.

The main point in trying to get sight of the original agreement is so that you can negotiate a settlement ( If thats what you want to achieve ).

Some people here would advocate differently, ( IE, No agreement, No payment).

What you have as a guarantee though, is that the Bank or DCA will hound you for payment, trashing your Credit files on the way.

Some people may feel like giving up at various points in this long game.

But the damage has already been done. So think to yourself, have they been reasonable to you over the years? Are they being reasonable with you now? Have they supplied you with proof that they can treat you this way? All valid questions for you to ponder.

If it ultimately ends up at court, then this will probably be the resting place for your situation, good or bad.

How long do you wish to take this ride?

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Thanks so much for helping me

 

Have to say that MBNA have been nothing but unhelpful, when I approached them a few years back saying I couldn't keep up with the payments they said there was nothing they could do so I'd better find the money from somewhere!! When I approached Lloyds TSB with the same problem they couldn't have been more helpful and agreed to take £90 a month on a £5k debt which is now paid off in full

 

I have no plans to get anymore credit as I've had it with credit cards and loans so I'm not overly fussed about what they are doing to my credit reference, what I am stressed about is the idea of it ending up in court!

 

This is going to sound like I'm trying to get someone to make a decision for me but do you think it's a good call to go down the CPR letter route? I mean if for no other reason it's more delaying tactics on my part.

 

Sorry to be so indecisive and whiney!!!

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Sorry to be so indecisive and whiney!!!

 

LOL, no problem.

Only advice is offered, its your call at end of the day. Hopefully you can enjoy the ride though;)

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out of the red I've just posted a link asking the same question my cca looks the same as yours. Just wondered what your next course of action is I'm not sure where to go from here!!

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Red

you mentioned earlier delaying tactics on your part, but to what end??

You may as well fire off the CPR request and the dispute letter, let them know you now have a little more knowledge about this and your rights.

Theyve already threatened defaulting you, so get your stuff in first. you can then tell them they are wrong to do so. Better to be pro active than just wait for them to act

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