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    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in the clear. So you do not need to worry about is any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
    • Thanks so much dx. I really am grateful for your advice Billy  
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Marlin Claimform - Egg/Bcard


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Hi,

 

I have received various letters over the last couple of years, very sparingly, regarding a barclaycard debt.

 

 

I started by calling them and telling them I've never had one,

they would go away,

months would pass then the letters would start again,

this was with Marlin Capital Europe.

 

 

On one of the calls I said this was quite simple to resolve, prove it,

send me the agreement that I signed, knowing that they couldn't, thought this would end it.

 

 

They sent me an A4 sheet of paper with one line of text and a Dollar figure right at the top of the paper and nothing else on the paper

not even there name and address, this was years ago.

 

 

I phoned them and said you have got to be joking. I got no where with the person I was talking to, so just hung up.

Eventually I just ignored them.

Years passed.

 

Then I got letters from another company Mortimer Clarke Solicitors last year,

I contacted them, they said it was an online setup and gave me the email address.

I stopped using that email address years ago as it kept getting hacked and sending emails out to all my contacts.

 

 

Same thing happend, I'd talk to them, then nothing for ages then it all starts again as though we have never spoken.

 

I then decided to use the templates on here to request the CCA to prove it.

Thought that sounded quite simple.

Sent off my letter using the template on here, sent in my £1 postal order.

 

 

Heard nothing from them and that was a few months ago,

 

 

now out of the blue this County Court Claim form has turned up stating Egg Banking as the original company not Barclaycard.

 

The amount they always said I owed was £8,268.30,

the CC Claim form is for £12,18.28 plus £410 Court Fee plus £100 Solicitors costs, totalling £12,696.28.

 

 

The form also says the original agreement between me and Egg was on or around 31/10/2007 which sounds a bit strange, don't they know!

 

My original letter requesting the CCA was 10th September 2014.

Once again nothing happens for months then they start, but this time it has got serious.

 

I thought that when you send that CCA letter the claim was in dispute and therefore no legal proceedings could be brought

until it was resolved. Obviously I was wrong.

 

Can anyone help me, I don't know what to do next, I have this County Court form and it says 14 days to respond.

 

Thank you.

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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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Name of the Claimant ? MARLIN CAPITAL EUROPE LTD

 

Date of issue – 14TH JANUARY 2014

 

What is the claim for –

 

 

BY AN AGREEMENT BETWEEN EGG BANKING PLC ('EGG') & THE DEFENDANT ON OR AROUND 31/10/2007 ('THE AGREEMENT') EGG AGREED TO ISSUE THE DEFENDANT WITH A CREDIT CARD

UPON THE TERMS AND CONDITIONS SET OUT THEREIN.

IN BREACH OF THE AGREEMENT THE DEFENDANT FAILED TO MAKE THE MINIMUM PAYMENTS DUE &

THE AGREEMENT WAS TERMINATED.

THE AGREEMENT WAS ASSIGNED TO THE CLAIMANT. 31/01/13.

THE CLAIMANT THEREFORE CLAIMS 8268.30

 

What is the value of the claim? £12696.28

£12696.28

£12696.28Is 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? DURING 2007 APPARENTLY, THEY SAY ON OR AROUND 31/10/2007

 

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? NOT SURE.

 

Did you receive a Default Notice from the original creditor? NO

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

DONT KNOW, NEVER KEPT ANY PAPERWORK FROM THEM.

 

Why did you cease payments? DONT RECALL EVER HAVING THIS CARD

 

What was the date of your last payment? AS ABOVE, PLUS I HAVE NO PAPERWORK OF MY FINANCES, I DONT KEEP ANYTHING.

 

Was there a dispute with the original creditor that remains unresolved? NO

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? NO

 

 

Send a CPR31.14 request to the solicitor named on the claim form - I WILL DO THIS TODAY

Edited by citizenB
changed colour for ease of reference
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Righto, your timeline is

 

Issue date - 14.01.2015 + 5 days for service = 18.01.2015 + 14 days to acknowledge = 01.02.2015 + 14 days to submit defence = 15.02.2015

 

That seems to be an awful lot of spend if you don't remember having the card - so you definitely require a copy of the signed agreement !

 

Send CCA request - to the claimant - you will need to include the £1.00 statutory fee

 

Send the CPR 31.14 request to the Solicitor named on the claim form - no charge for this, but you should at the very least obtain a free proof of posting for BOTH requests. If you can afford it, then send by Recorded delivery. .

 

You can request the following documents within your CPR 31.14 request.

 

1 : Agreement - terms and conditions

2: Statements

3: Notice of Assignment

4: Termination Notice

 

It is a shame that you haven't kept any of the paperwork that has been/might have been sent to you.

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have you checked your credit files to see if this account has been recorded ? I would think perhaps Experian and Equifax might be the two that this company uses.

 

If it has been noted on your credit files, then take a screen shot so you have the default dates and any other information that is on the file.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi thank you for replying.

 

Do I need to send another CCA request,

I already sent one on 10th September 2014,

they signed for it so I know they received it?

I kept a copy of it this time,

I've learnt my lesson the hard way.

 

What I sent them was exactly the same as the link you have given me except yours has more credit act numbers on it.

Mine only had these...

- pursuant to s.77/78 of the Consumer Credit Act 1974. (79 missing)

 

- the provisions of s.77 (6) will apply. (The link has these s.77(4)a/78(6)a/79(3) instead)

 

 

Does this mean I have to resend?

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Good job i got the 30 days free trial.

 

 

It was an eye opener,

 

 

a Default for £14 for Vodaphone, never used them, have always been O2, and

a link to a person I have never heard of registered at my address and I live on my own!

 

I'll sort that out with Experian.

 

 

I found the entry for this issue,

 

 

here is the picture of it, hope its legible.

 

[ATTACH=CONFIG]55429[/ATTACH]

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can you convert that to PDF please

 

 

..........

 

 

yes send another CCA request

 

 

read the notes at the end of that link please too.

 

 

.......

 

 

is that the whole PoC as it is on the claimform?

 

 

cant see how the debt has gone from +£8k to +£12k??

 

 

is there a bit about S.69. statutory interest you have left out?

 

 

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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Hi,

 

Ok, I'll send another CCA along with the other CPR 31.14 to them.

 

I typed out the 'Particulars of Claim' exactly as it is on the form I have received, there is nothing else in that section. I also don't understand where the starting figure 'Amount Claimed' starts at £12,186.28 when the 'Particulars of Claim' section states £8,268.30

 

Is this something that should be mentioned when I send the other two letters?

 

I've converted it to PDF but can't upload image it as its says it only supports .jpg, .png etc. Any ideas on how I can get this posted/uploaded please?

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bottom right

go advanced

then manage attachments

 

 

no need to question balance

 

 

leave the letter templates as they are bar the adaptions you need to do for docs/sec 77/8/9

 

 

...........

 

 

don't forget to ack [AOS] the claim on MCOL website

 

 

defend all

leave juris unticked

 

 

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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belt and braces.

 

 

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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you don't need to use recorded

 

 

simply 1st class with free proof of posting at the PO couter

when you get the £1 blank PO

 

 

do not sign anything

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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Hi,

 

I got a bit lost with the CPR 31.14 form,

spent hours reading through threads,

then found the form I should send.

 

 

There is a section with says delete if claim is for sum exceeding £10,000.

 

 

I'm confused as to what mine is,

 

 

the POC states 8268.30

but the other section states Amount claimed to be £12186.28.

 

 

Is this a mistake?

 

 

Should I delete that section about the £10k or not ?

 

 

Should of posted this on Sunday instead of wasting so much time,

but once you start reading posts you can't stop.

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just send it

they'll prob rebuff it anyway

 

 

its the CCA that's they cant ignore.

 

 

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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with though itdoes not matter

I notice they've not inc sec 69 8% court int in the claim POC

so I bet that's it.

 

 

its always better to get things like CPR/CCA moving ASAP after you get a claim.

 

 

you've already lost a week for whatever reason. TIME IS SHORT.

 

 

you have ack'd the claim haven't you on MCOL?

 

 

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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Bet they have DX ...more like introuble62 has not typed it to thread particulars (verbatim) as requested in the link.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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andy, I have highlighted the PoC in post # 3 in blue :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi Andyorch, I have typed it in exactly as it is in the POC, I have left nothing out, why would I, its not in my interests to leave out bits when I'm asking for help.

 

Apologies if I have assumed wrong introuble...but in most cases posters do type out the particulars verbatim but for some reason often leave out the section 69 interest claimed from xxxx date to judgment or earlier payment total £ xxxxxx.

 

So in your case they claim the debt is 8268.30 but the total claim is £12186.28. ...how much are the court fees and sols fess?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Hi Andy,

 

The amount they always said I owed was £8,268.30, this amount is also written in the POC section of the CC Form. The other side which splits up the costs has the following entered..

 

The CC Claim form is for £12,186.28 plus £410 Court Fee plus £100 Solicitors costs, totalling £12,696.28.

 

Dont know where the £12,186.28 starting figure came from.

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Okay so in reality you allegedly owe....

 

£8,268.30 plus £410 Court Fee plus £100 Solicitors costs

 

So the total claim should read £8778.30 which makes the claim small claims track.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Hi Andy,

 

This is where it is confusing cause the amounts on the form do not tally and on the online system it states the £12k figures. I've been told if you look further up that its not important to just get the 31.14 sent off, so I have done this today, with a copy of the original CAG letter and another CAG Letter with another £1 postal order for Belts and Braces reasons. I dont know what a Small Claims difference means or how it affects me. I'm just doing exactly what I am told to do, I don't really understand any of it, I'm just grateful for the help.

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