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    • Hi All, before I start I know there are similar threads of the topic I am raising, and each, of course, has its own unique scenario, which may benefit others. My case is as follows: 1. I saw a gumtree ad on the 16th of Oct 2020 for a Mercedes E220 CDI, priced at 7,500 2. I called the seller and said I will come over on the 17th of Oct 2020 to view. 3. On the 17th of Oct 2020 I went to his place where he is working and viewed the car. He is working for a major car rental company. I checked the car and of course asked the normal things to ask e.g. any insurance write-offs, loans, accidents, etc. The seller said the car is clean etc.no loan, he had a loan but all is paid off etc. and he has the papers. 4. I negotiated the car price to 6,800 because the rims were showing some signs of damage, the rear light had a small burst, cosmetics, etc. I checked all but did not see any sign of damage to the car (it's a black car, the car was a bit dirty, and the sun was already setting in) 5. We agreed on 6,800 and decided to purchase the car. We went into his office, where I paid cash, and also got a Car Sales Invoice with all details of the seller, and a V5C green slip 6. I purchased car insurance and drove off. I asked him about Road Tax and he said Road tax is paid so I have not to worry, just need car insurance. 7. On 18th of Oct 2020 I cleaned the car interior because it was really dirty inside - it took me a few hours so decided to clean the exterior the next day 8. On the 19th of Oct 2020 I went to clean the exterior and after the car was clean I noticed some parts were resprayed. I became a bit suspicious; so on the 19th of Oct 2020 in the eve, I went on the internet and run an HPI check. The outcome from the HPI did not show any accidents, insurance write-off but an outstanding Loan with Moneybarn. At this point, I thought maybe the database is not updated, etc. 9. On the 20th of Oct 2020, morning, things were going through my mind; the seller said the car is clean, no issues, no loan since he settled all etc. but the HPI reports say there is still some outstanding loan. So what I did, I called Moneybarn, and explained the situation, and gave them the contract number as well (since it was displayed on the HPI report). They said they will send me a form by email, but they cannot share any information due to Data Protection (GDPR). fair enough I thought, but what made me boil, they said they OWN the car! So, I took the car and drove to the seller where he is working. I confronted him. He said don't worry, I will handle it, he has no time, he is very busy and bla bla bla. I said what reasons do I have to trust you, you lied, and now you say you still have a debt, etc. So I said I will not leave until he has settled the debt, or repay me my money. I also asked what is outstanding, he said around 7,000. Well, since I confronted him at his workplace he may have felt the heat, he assured he will settle all soon, I said sorry, I need a date, so I said you will settle the debt with Moneybarn by 23 Oct 2020, if not, you will refund me my money. He said Ok he will do it, so I said, since I don't trust you, you will sign a piece of paper, and sign it. On the paper, he wrote "I will clear the debt for the Mercedes by Friday" and signed it. I said I am not happy and added the debt details with contract number, and also a clause that if he fails to settle the debt with Moneybarn by Friday the 23rd of Oct 2020, he will refund me my money, 6,800, and sales of the car Mercedes, license plate, will be void. Also, I said to put an initial on each amendment I made with signature. He did, and I left. 10. On 22 Oct I sent him a message, to remind him to settle the debt by Friday 23 Oct 2020 noontime and also I outlined some legal jargon I had to sent that I received from citizensadvice. 11. On 23 Oct, morning time, I received a message from the seller, he said he will not/cannot refund me the money, not to visit him at his office or place, and that he feels threatened by me. 12. Now, the dilemma/headache; a). I received the form from Moneybarn on the 20th of Oct 2020 and I have to send it back within 7 days b). the seller send me a message he will not refund the money c). is the seller holding the title with Moneybarn or did he also buy and not knowing there is an outstanding loan on it d). did he sent the V5C to DVLA since I have the green slip? e). Shall I fill in the form and sent it to Moneybarn? f). If Moneybarn has all my details they may send someone to repossess the car? 13. I decided, I will not undertake anything yet, because my mind said, go there, confront him, park the car in front of the company since I purchased it there and signed all paperwork in their office, they will call the police, the police will come and surely will not do anything but will force me to remove the car and park somewhere else, record all on camera, take all evidence, sent to Moneybarn and at the same time to the seller's employer (when I asked him to sign a letter he will settle the debt by Friday 23rd of Oct 2020, he used a paper of the car rental company, and on the back, the logo of the rental company is displayed clearly and he may have acted on behalf of the company to sell me the car, after all, I don't know if he holds the title with Moneybarn - well, this is an excuse for me to even sue the car rental company, or blacklist him with the company he is working for since it seems he is some type of manager there and he may have acted in the capacity as a sales person to sell the car to me on behalf the company....). 14. So on the 23rd of Oct 2020, I didn't do anything like described under 13....it's not my style as such I called AWH solicitors, explained all, and they said one person is specialized in dealing with such cases and will call me back after studying my case and inform me if it is something they can fight or not. So they will call me Monday the 26th of Oct 2020. I also said I want to go now and confront the seller, but she said better wait till Monday, and if they can fight the case, they will tell me the next course of action - but my funds are limited and cannot afford a lengthy battle, because if no case against Moneybarn means I will have to sue the seller to the court which will cost me. The car has comprehensive insurance and with all this saga I added on the 20th of Oct 2020 also legal insurance on top. Lengthy story, but I am trying to be as detailed as I can, and yes I should have done an HPI before buying the car, but I am from Holland and car sales work there a bit different, and this is my first time I buy from a private seller. Well, once I have sent the form to Moneybarn, I will park the car in a garage, and at this stage, I am renting a room in a house (there is one more tenant). Since I am from Holland, I am planning a trip within 2 weeks to visit my family and I will drive down with the car and in the meanwhile wait if the solicitor can be of any help. I need some advice though, I am still planning to drive down to the seller on Tuesday after I talked with the solicitor, park the car in front of the company, and confront the seller, and try to record all. I will also try to make him sign a letter that I purchased the car in good faith from him (regardless if he holds the title with Moneybarn or not but at least I purchased in good faith from him). Evidence that I have: 1. Car sales invoice 2. Paper that I made him sign 3. Gumtree ad; I could retract this from google history, but the original add removed from gumtree. At least I can show it was advertised 4. I tried to create a history of past owners, total owners including me are 5. It seems the car was also posted on gumtree before by a company in Essex (I saw on google). The reason for doing this, it is very likely that the seller purchased the car from someone else with an outstanding loan. Since then I read a lot on the internet, so please any advice is welcome to pursue my case, I paid a lot and at least I want my money back. Also what I read so far, Moneybarn is not easy to deal with...thanks in advance for any advice I can use for my case.
    • Hi   I think you need to check not just the serial number but what Meter Point Reference Number (MPRN) as the MPRN is what is registered and energy supplier go off as well as the serial number.   So you need to see what the MPRN is as well as the energy supplier it is registered with.   If you look at this Ofgem link: https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/connections-and-moving-home/who-my-gas-or-electricity-supplier   In the above link to do this check it gives a link to:   Find My Supplier: https://www.findmysupplier.energy/webapp/index.html (note you may have to complete a captcha, then input your postcode only and click find my address, when the list comes up click on your exact address, you will then see you actual MPRN and the energy supplier linked to your address)   With the above make sure and take the details of the MPRN and the Energy Supplier, better still take a screenshot/pdf the webpage.   Please let use know if on doing the above it matches your current supplier?  
    • I had exactly the same issues.   Grossly over estimated bills from January onwards.  Despite what they claim, they are effectively taking an interest free loan from their customer base to keep the company in business.   They can dress it up how they like.  It’s irrelevant if they reconcile the bills the following month because they just over bill again thus keeping a rolling interest free loan.   it took two months of constant badgering to be finally moved to a fixed DD.   Once that was done I didn’t care how much they over-estimated by.   I had raised a query with the ombudsman over the billing fiasco and they readied a complaint should I wish to proceed.   I thought everything was sorted until May/June whereby I was allegedly more in debt then I was expecting to the tune of an extra months DD.   On querying it, it transpired that even though I was on a fixed monthly DD, because the bill was generated less than 5 days before the DD was due to be taken they didn’t take the DD.   They offered £5 compensation by way of apology but wanted to take two months DD in June.  I told them where to get off.   With appalling customer service,  bills that you need a Maths degree to follow, and I do have one and still struggled, inability to follow through on any agreements, constant gross over-estimation, the missed DD was the final straw and I proceeded with complaint to ombudsman.   Prior to getting to that stage I had to quote Symbio’s own complaints procedure to them to get any sort of response.   Their final offer to me was £25 goodwill and to waive an exit fee. The offer was derisory given the time it had taken to get things sorted and the continuing ineptitude.  Also, the whole thing has dragged on so long (5 months) I was already in the final 49 days of my contract and therefore there were no exit fees to pay and therefore nothing to waive.   Anyway, upshot is, ombudsman found in my favour.  Ordered an apology and a goodwill payment. Symbio appealed but were told the decision stood.   This week I received the goodwill payment.   I promptly left an honest and truthful review on trustpilot.   The next morning I received an email from Symbio with an apology.   This was followed an hour later with an email from trustpilot saying Symbio had replied to the review.  On reading the response they have accused me of not following procedure and of cyber bullying.   The company is a complete joke.
    • why not simply tell you supplier they have the wrong meter number you been paying for usage , and ofcourse you can view this online too so its not as if you'll owe anything you might get a nice surprise and find you are owed a refund.
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Ding Ding... Round 5, MKDP/Barclaycard/Goldfish/MSDW v Spam.


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Ok Here we go,

 

Barclaycard seem to be dusting off a few accounts and getting hissy with them.. both of mine included..

 

They have now decided that despite my regular payments and the fact that I 'cut up my cards' and shredded the cheques when this account was held by MSDW they don't want to play nice anymore and are demanding full minimum payment and will be charging full interest again...

 

I have this argument with Lloyds at the moment whereby I don't understand how they can withdraw the facility of a running credit agreement and yet still expect the consumer to pay interest and charges on the account...:confused: where in the T&C's does it say that they can do that??

 

My instinct is to put the account in dispute...

 

Any advice please..

 

Thanks.

 

Spam.:)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Hi Spammy,

 

I've re-read your thread and see this a/c has an enforceable agreement.

 

Are there any unlawful penalties on the a/c which you can reclaim. Consider claiming interest at their contractual rate as well - you could put a significant hole in what you owe.

 

The penalties issue is the only way you can put the a/c back into dispute.

 

If you want to get them to stop adding interest and charges to this, or any other a/c, you may get a better result if BC are approached by a 3rd party on your behalf. Maybe CCCS, National Debt Helpline, etc - Debt: Where to Get Help - Consumer Wiki

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Thanks Slick.. :)

 

This account was with a DMC but I gave them the boot because they led me slap bang into a CCJ... which I have recently had set aside.

 

I appreciate what you are saying about the account being 'enforceable' which is why I continued to pay, but I see nothing on the T&C's which are supposedly linked to the application form that says they can withdraw the credit facility and sill expect minimum payment and add interest and charges.

 

That is what I would be disputing....:confused:

 

It was just a thought because, on clause 7 it says they may on occasion allow reduced payment according to condition 6.8 but I don't have a copy of condition 6.8.. :cool:

 

Thanks again,

 

Spam. :)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Of course purely playing devils advocate here, although what they sent "looks enforceable" I think it more likely its a scan of an a4 application with the terms and conditions "supposedly" from the rear on the bottom of the page?

 

What does interest me is the column/block of text underneath the all cards protection section, I note it says this agreement is subject to terms and conditions but can you read anything that says "overleaf"?

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Fair enough Spammy,

 

I was just going from what was said, by Steven4064 (via me) on page 2, about the agreement.

 

If The Shadow thinks there's still reason to question the agreement, try it by all means. I have no doubt the CC Co's are willing to try anything, including knocking up replica documents using "cut and paste".

 

Please confirm about whether there are charges or PPI on the a/c which you could reclaim.

We could do with some help from you

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Hi Slick..

 

Please confirm about whether there are charges or PPI on the a/c which you could reclaim.

 

Sorry I missed that bit before, :oops: unfortunately, up until the time I fell into difficulty I believe I always managed to pay the minimum payment on time, so as far as I'm aware no charges, but I will double check my SARs ...I definitely never had PPI though.

 

Spam. :)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Of course purely playing devils advocate here, although what they sent "looks enforceable" I think it more likely its a scan of an a4 application with the terms and conditions "supposedly" from the rear on the bottom of the page?

 

What does interest me is the column/block of text underneath the all cards protection section, I note it says this agreement is subject to terms and conditions but can you read anything that says "overleaf"?

 

S.

 

Hi Shadow,

 

Thanks for your input, sadly this one has been on the back burner for a while because life got in the way..:rolleyes:

 

I can't see anything which says 'overleaf' but then again the copy is so tiny I am straining to read it anyway.

 

I have gone through my statements again and found two late payment charges.. one for £20 in 2005 and one for £12 in 2007.

 

Should there be a table of charges on the T&C? because I can't see one on my copy if there should be..

 

That coupled with no signature from MSDW and the liklihood of it being a microfiche copy would you think it grounds for dispute??

 

Any advice appreciated,

 

Thanks,

 

Spam. :)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Hi Shadow,

 

Thanks for your input, sadly this one has been on the back burner for a while because life got in the way..:rolleyes:

 

I can't see anything which says 'overleaf' but then again the copy is so tiny I am straining to read it anyway.

 

sorry had a couple of days away so not able to reply until now.

 

Yep its not the best, you could ask them for a clearer copy if you feel its illegible, especially anything terms and conditions related.

 

I have gone through my statements again and found two late payment charges.. one for £20 in 2005 and one for £12 in 2007.

 

Should there be a table of charges on the T&C? because I can't see one on my copy if there should be..

These dont have to be in the signature document, they can be an ancillary document that is given to you after... only the Prescribed terms are essential to an agreement that you sign.

That coupled with no signature from MSDW and the liklihood of it being a microfiche copy would you think it grounds for dispute??

Is there not a stamped date or anything similar on the doc, if they havent signed it then the documnet is not properly executed and is unenforceable until they take you to court to get it enforced... this they can only do if it has the prescribed terms on the document. [Judge Lottery permitting]

 

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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  • 5 years later...

Hi all,

 

Here we go again.... hopefully for the final time. :|

 

Name of the Claimant ? MKDP

Date of issue – 10.12.2014

 

 

What is the claim for:

 

The claimant claims the sum of £4,***

being monies due from the defendant to the claimant under a regulated agreement

originally between the defendant and Barclaycard.

 

The defendants account number was **** **** **** **** and

was assigned to the claimant on **/**/2011.

Notice of this has been provided to the defendant.

The defendant has failed to make payments in accordance with the terms of the agreement and

a default notice has been served pursuant to the CCA 1974.

 

The claimant claims the sum of £4,*** and costs.

The claimant has complied,as far as is necessary with the pre action conduct practice direction.

 

 

What is the value of the claim? £4,***

Is the claim for a current or credit/loan account or mobile phone account? Credit Card

When did you enter into the original agreement before or after 2007? Before 2007

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? Unsure, have received a copy since I requested one after their first threat of action.

Did you receive a Default Notice from the original creditor?

 

No, I received one from Mercers which was not in prescribed form and didn't contain Barclaycards Name and address.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? The account was in dispute with Barclaycard since 2009.

What was the date of your last payment? Token payment around February 2010... to be confirmed

Was there a dispute with the original creditor that remains unresolved?

The Original creditor was MSDW,

who allegedly assigned the account to Goldfish Bank

who one day turned into Barclaycard.. Don't recall notification of this

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? Yes... with MSDW

 

AOS was sent on 12.12.2014.

Believing that MKDP were gearing up to litigate, and I was moving home

I advised them of this on 21.11.2014

and gave them my email address in order for them to communicate with me.

 

On 25th 11.2014, they sent their Letter before action to my previous address.

I eventually received it after re-direction and also after the claim form,

which miraculously arrived at my new address.

 

I believe they have done this purposefully because I was about to take my complaint of harassment

and unlawfully updating my credit file to the Financial Ombudsman.... or am I just being paranoid..:-D

 

CPR31.14 request sent via email on 14.12.2014 due to Christmas post... requested an acknowledgement email... they didn't send one.

 

I requested another one by snail mail on 16.12.2014.

 

Previous requests under CPR 31.14 have after 18 months yielded the Mercers default,

a re-constituted credit agreement and the Barclaycard 'Notice of assignment' to MKDP..

.. but was it Barclycards 'legal property' to assign in the first place? That was never established.

 

Here endeth the first posting...

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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have you CCA'd since the claimform?

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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No I haven't... due to the defaults on my credit file I have been unable to get a 'bank account' so can't send a cheque.. Also since moving I haven't managed to find a fully fledged Post office to get a postal order..

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Send a blank postal order. No need for a cheque

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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Ok, thanks.

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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co-op do an account

online application and with a debit card.

 

 

CCA request

don't sign the letter nor the PO

leave it blank.

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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Cheers, I do have a debit card, I'm just not allowed a current account with a cheque book... which makes life difficult on one occasion... this one. C'est la vie.

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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no because you should be sending them anything with your sig on it!

 

 

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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Since the thread merge, this could get difficult to follow!

 

To clarify... In 1998 I had a Goldfish card issued by HFC... Eventually Barclaycard got hold of it and the fun began. Nothing seems to have come of that one and I believe it will be statute barred as of 2015

 

In 1999, I had an MSDW card, Goldfish bank took over it, then somehow Barclaycard got their finger in that pie too and more fun ensued.

 

The claim from MKDP is for the MSDW/Goldfish/ Barclaycard account and NOT the Goldfish/HFC/Barclaycard account...

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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sorry

sorted.

 

 

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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No worries dx :-)

 

s78 request sent today, also acknowledgement received from MKDP re CPR 31.14 request, advising me they will be requesting stuff from the original creditor so 'may be some time' :roll:

 

Can anyone advise me with regards to the assignments from MSDW to Goldfish Bank to Barclaycard etc.

 

Is it my responsibility to request copies of these alleged assignments or is it up to MKDP to prove that the paper trail is in order?

 

Also, Barclaycard changed the account number from the original one given by MSDW... should I be requesting anything for that?

 

Many thanks for input so far,

 

Spam

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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If submitting a holding defence you would putting M K to submit proof of the assignments you mention, not provide it yourself. I wouldn't be surprised if they can't as they seem to specialise in acquiring undocumented trash.

 

That said, pls don't place whole-of- book sales [eg MSDW selling Goldfish to LTSB then LTSB to Barclays] on a par with the sale of portfolios of bad debts to debt purchasing scavengers. The former would of course be supported by adequate documentation which even M K might prove capable of obtaining.

 

No mileage in change of account no. upon assignment. Standard and valid practice.

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  • 3 months later...

Thanks for the reply Oleg.

 

 

MKDP have recently admitted that they will be relying on a reconstituted agreement at the hearing in a couple of months.

 

I understand from reading CAG that as the alleged agreement pre dates 2007... apparently it was 1998/1999, then they must produce the signed agreement in order to enforce it at court.

 

Is this correct? I f so where would I find the legislation for this.

 

Many thanks :-)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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you need to study the carey vs hsbc judgement.

 

http://www.bailii.org/ew/cases/EWHC/QB/2009/3417.html

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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SUMMARY OF FINDINGS

 

  1. The following is a brief summary of the principal findings and conclusions set out above:

    (1) A creditor can satisfy its duty under s78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself;

    (2) The s78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself;

    (3) The creditor need not, in complying with s78, provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 as to form, as at the date the agreement was made;

    (4) If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms;

    (5) If a creditor is in breach of section 78 this does not of itself give rise to an unfair relationship within the meaning of section 140A;

    (6) The Court has jurisdiction to declare whether in a particular case, there has been a breach of s78. Whether it will be appropriate to grant such a declaration depends on the circumstances of that case;

    (7) In assessing whether Prescribed Terms are "contained" in an executed agreement the principles set out at paragraph 173 above are relevant. On the assumed facts set out at paragraph 177 the Prescribed Terms were so contained;

    (8) The claims that there was an unfair relationship and an IEA in
    Adris
    should be struck out or dismissed. The claim that there was an IEA in
    Yunis
    should be struck out or dismissed. The absence of any positive pleaded case or evidence as to the circumstances of the making of the agreement by the debtor concerned was fatal to the IEA claims. The absence of any positive plea or evidence as to particular facts relied upon in support of the unfair relationship claim other than failure to provide a s78 copy, was fatal to that claim.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Many thanks for that SabreSheep.. It has saved me a massive amount of head scratching... :-)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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No problem

 

There are other important bits in there as well. enjoy the read

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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