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    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   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. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   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   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
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Black Horse Secured Loan / 2nd Mortgage arrears dispute FOS complaint


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simply a trading name of the parent CO.

as explained earlier

 

 

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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nope they cant change anything.

 

 

what puzzles me it that is obv your sig..?

strange it has a hand written AC number

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 again dx

 

Sorry so are you saying there should be something else that we signed ? This is all that they can provide.

 

Original typed reference number was for their head office.

 

Our agreement number was hand-written on copy provided as part of SAR.

 

Cannot find any T & C's - or any details regarding transferring / selling accounts.

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you don't need to keep posting the quote of the post you are replying too

unless its not the one above when you post

makes the thread incredibly long otherwise.

 

 

i'd await the sar return then scan everything up.

i'm suspecting that 'blank' agreement you have signed

has been used to try and spoof you its for the current loan

when it wasn't

it was for one of the later or previous ones.

they cant lump everything together under ONE agreement

if there were multiple loans

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 keep posting the quote of the post you are replying too

unless its not the one above when you post

makes the thread incredibly long otherwise.

 

 

i'd await the sar return then scan everything up.

i'm suspecting that 'blank' agreement you have signed

has been used to try and spoof you its for the current loan

when it wasn't

it was for one of the later or previous ones.

they cant lump everything together under ONE agreement

if there were multiple loans

 

Ok dx thanks again and apologies.

 

I will await SAR details from Skye Loans and in the meantime I will follow-up with BlackHorse regarding some other issues.

 

Should any Notice of Assignment letters be headed up to that effect ? Or is a letter just stating that account has been transferred suffice ?

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  • 3 weeks later...

Awaiting SAR details from Skye.

 

Formal Complaint / Account in dispute letter sent.

 

Still being harassed for arrears etc and requesting that we send bank statements regarding payment proposal / freeze of interest.

 

Do we have to comply or is submission of I & E plus payslips suffice ?

 

Should I send them a reminder that the account is in dispute and say that I will submit a complaint to the FCA ?

 

Also sent request to BH regarding notice of assignment letter, no reply still.

 

Thanks for looking

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Whats on your bank statements is none if their business, if you have sent an I &E and payslips to them then they have all they need.

 

You may have to sar BH aswell to get copies of NoA

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Thanks martin2006

 

No have not sent anything yet as awaiting SAR from Skye. They keep requesting bank statements in addition to I & E / Payslips.

 

We have also requested copies of NoA etc from BH.

 

Will post up once responses received.

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They probably want to see if treating yourself to dinner out every night and living like a king, which is none of their business.

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They probably want to see if treating yourself to dinner out every night and living like a king, which is none of their business.

 

I wish martin2006 and thanks again for comments.

 

:wink::wink:

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OK Skye Loans Ltd SAR details received this morning. A bundle of papers, not in any sort of order and Skye had until 3rd August 2016 to respond.

 

Still no response from BH regarding previous enquiries in which I have followed-up again.

 

Credit Agreement & Legal Mortgage details received (same as previously posted) no original agreement number mentioned only handwritten amended account number.

 

No witness signature or dated details from BH rep.

 

No copy of T & C's overleaf as mentioned on agreement.

 

No notice of assignment details, only letters from Skye / BH advising new owner of Loan Agreement - Is this suffice ?

 

I have found copy of Standard Mortgage Loan Terms booklet 2000 Edition - No mention of account being able to sold etc.

 

Does state that all T & C's remain the same on both letters received from Skye / BH. Amongst SAR bundle, I have found early settlement quotation Skye letter (not previously received) where they have not included any rebate of interest as per previous BH statements ?

 

Only telephone notes provided regarding distress call with OH - No complete recording of conversation as requested. OH was told that conversation was being recorded. Submitted details incorrect to what was discussed.

 

Also amongst details there are two letters from Skye to our original mortgage lender (1st charge) requesting redemption figure, monthly mortgage amount and total arrears outstanding. They also state that they are considering repossession proceedings and we were not aware of these correspondences until now.

 

Both times our original lender refused their request as no written authority from us. Can Skye (2nd charge) still enforce this or will they now pursue a CCJ ?

 

No Skye Abbreviation Guide to Comments submitted.

 

Finally amongst the 'Scratchpad notes' it transpires that they have been making enquiries regarding value of properties in our street and Experian shoes £XXXXX outstanding on our mortgage in which is incorrect ?

 

Sorry to bleat on but want to respond with as much detail as soon as possible.

 

If any details need posting up plse ask.

 

Thanks for any assistance.

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As its classed as a mortgage i doubt they would go down the ccj route, if anything they would try to repossess.

 

It is my understanding that you would not receive the actual NoA in your sar,

they only have to notify you its been transferred.

 

So is your next step to start a claim for the charges?

 

Did you get all the account statements?

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Many thanks martin2006

 

So can they try and repossess / force sale of property even though they are the 2nd charge / mortgage? Hence my mention that they have already approached our main mortgage company who refused their request for details twice.

 

Therefore do they need their permission to proceed ? And will they go for the whole loan amount or just the arrears ?

 

The account is currently in dispute regarding the arrears and there are some charges made on the account on looking at statements provided. We also have a complaint ongoing regarding the telephone conversation with my OH, as mentioned in previous posts.

 

So no NOA details required just a letter of transfer is needed ?

 

Thank-you for your time and sorry for further questions.

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they would need permission

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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Ok thanks dx

 

So if refused what other options do they have?

 

We are currently still paying monthly payments.

 

Had a previous arrangement / increased payments with BH but Skye are now saying not enough.

 

If arrears are fully explained / justified then it was mentioned that we could increase our payments to pay-off.

 

Conditions suggested were that we provided I & E, 3months pay-slips and 3 months bank statements.

 

We have also requested that they freeze the interest.

 

Regarding Notice of Assignment / transfer of mortgage I cannot find anything clarifying this but presume they are allowed to do this.

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they would need permission

 

Sadly the 2nd charge holder do not need permission to instigate repossession proceedings, too many people thought that if they kept up with the main mortgage that the 2nd charge holder could not take action but this is not the case.

 

there would be some other factors to consider before a 2nd charge holder would actually attempt to repossess:

 

Equity in the property being one of them.

 

If a 2nd charge holder wanted to repossess, he could without permission from the 1st charge holder, but it would be pointless if there was not enough equity to pay the 2nd charge off.

 

The main or 1st charge holder would be paid first and the 2nd charge holder would be paid out of what was left over. No permission required from 1st charge holder.

 

see below

 

http://england.shelter.org.uk/get_advice/repossession/about_repossession/falling_behind_on_secured_loans_and_second_mortgages

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thank martin2006 sorry my bad

I wonder why main refused them twice..when asked..

interesting...

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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Share on other sites

DPA probably, they would not be allowed to divulge information in case it breached DPA.

 

As 2nd lender tho would they only need to check the lenders credit file to find out how much was owing on the mortgage?, then work out what house was worth to see if repo was a viable option.

 

I only ask as i dont know what a lender can or cant see when doing a credit check, can they see the accounts as you or i would see our own say via noddle/clearscore?

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and the rest we cant see too!!

 

 

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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Share on other sites

and the rest we cant see too!!

 

 

dx

 

well yes, that would make sense

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OK many thanks for comments and clarification.

 

Hence why I mentioned details from main lender refusing request from Skye as wasn't sure where we stood.

 

We are quite happy to negotiate increased payments if arrears are proven but not happy with Skye's request for bank statements, as feel this is private and confidential.

 

We have no problem submitting I & E and payslips.

 

and nothing in T & C's regarding sale of loan / mortgage to another company, so does this not matter ?

 

Also should all T & C's conditions be transferred over ? Skye do not seem to include any rebate of interest payable on their early redemption statements, where as BH did.

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Today received a further response to our SAR from Skye.

 

Now what concerns me is the comments regarding the bullying conversation details with my OH. She was told it was being recorded.

 

The details received with SAR were only scratchpad / typed notes whilst the person concerned was discussing with OH. So I requested actual conversation recording / or detailed transcript.

 

I have already an ongoing complaint with Skye regarding distress caused to OH and other issues in which is still being investigated.

 

Do I wait for the outcome or do I again request further re SAR ? Or do I refer now to the FCA / Ombudsman ?

 

I can assure you the actual conversation was awful for my OH and had her in tears. Suggesting taking in a lodger / renting room out, selling the house, getting a second job and threats etc. Surely they cannot get away with talking to people like this and something needs to be done urgently.

 

Is there other guidelines regarding this that they should be abiding to ? If so please can someone kindly advise link what would apply so I can address as soon as possible as Skye seem to pressurise the circumstances without any understanding.

 

I have attached SAR further response from Skye.

 

Thank-you for your help.

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