Jump to content

  • Tweets

  • Posts

    • 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.
    • The world of ballroom dancing went online to cope with the pandemic restrictions, but what does the future hold? View the full article
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

PRA Group claimform old MBNA card 'debt'


Please note that this topic has not had any new posts for the last 1687 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

who are the solicitors? J&P or Chivers?

 

another quick question, as the devil is in the detail. Their witness statement refers to themselves as AK. But surely they are PRA Group now?

 

Only mention it as my claim (Same DCA) applied directly to the court to change it.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

Link to post
Share on other sites
  • Replies 164
  • Created
  • Last Reply

Top Posters In This Topic

Typical. Bastards. Chivers are on mine too.

 

I have my fingers crossed for you Johno. Give them hell as they deserve to be in it. In my case my account became SB on April of this year but they applied to the courts and held it back until the End of May. I have been fortunate to find a good solicitor to help me and am going for improper execution.

 

Caps

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

Link to post
Share on other sites

Both as one and the same. The original papers they raised (solicitors service) were in the name of Ak, but they applied to courts before serving in May to change mine to PRA. Didnt Ak change officially in Nov/Dec 2014 to PRA

 

PS hence my comment about the witness statement being in the wrong name. It should have been changed by PRA to PRA from AK.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

Link to post
Share on other sites
In court Weds, any final advice?

 

Memorise post #68:wink:....and stick to it.......and keep repeating it......to make sure you get your point across.

 

Best of luck

 

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 OTHERS

 

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

 

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

Link to post
Share on other sites
am going for improper execution.

 

Caps

 

 

why and why do you need a sols?

have they complied with your CCA request?

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... 

 

 

Link to post
Share on other sites
why and why do you need a sols?

have they complied with your CCA request?

 

Its high numbers similar to this case, and complicated. I have a CFA in place. Yes S77/78 complied with but not S61

 

Caps

 

 

Good luck for today

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

Link to post
Share on other sites

This is a SJ hearing johno so you only have to show that your defence does have merit with triable issues and therefore should proceed to trial proper and their SJ fail. Their argument that the oft guidance overrules statute is nonsense, and even more so if the complaint that they refer to is your cca request which they claim extended the SB clock.

Link to post
Share on other sites

remember the cpr rules posted #28. they have the onus to satisfy that, for you then to rebut their argument as has been posted.

 

good luck.

IMO

:-):rant:

 

Link to post
Share on other sites

Andy

 

I have just found a letter from MBNA dated 6th March 2009 that MBNA do not hold my account in dispute.

 

See post 62

 

Kind regards

Link to post
Share on other sites

Johno - their 2nd WS references some email correspondence with you in May 2014 and thereby takes the position that the SB clock starts ticking again then. If this is put to you in court do you have a solid response?

 

Furthermore, what details have they exhibited within their WS with regards their claimed dispute with MBNA in June 2009?

 

These leeches will twist things in any way they can to try to fluster you and also sway the judge, so just be ready to bat them off and thus allow you to focus on your SB defence.

Link to post
Share on other sites

Yes that might be the sticking point I offered them a full & final settlement without prejudice a low amount to get my default removed.

 

I sent a reply as they were threatening legal action with illegible credit agreement.

 

I just said they needed to try and settle without the need of it going to court, but there was no address or account number on the email.

 

There was no evidence provided regarding there alleged dispute until July 2009.

 

If you need me to post my email let me know, it could quite easily of doctored it and took out without prejudice!

 

Kind regards

Link to post
Share on other sites

5) After the Defendant made his final payment in February 2009, he raise a dispute on the account and MBNA had to deal with this dispute meaning they would have to place the account on hold. MBNA's case management notes suggest a final response to his dispute was sent to the Defendant in July 2009and following this a Default Notice was served in October 2009.

 

 

7) The cause of action arose when the creditor was able to take action against the Defendant and this was when the period for remedying the default specified in the Default Notice sent to the Defendant had expired. The claim is not statute barred , having been issued in May 2015, which is 5 years and 7 months since the service of the Default Notice in October 2009 and therefore within the 6 year limitation period.

 

 

Your oral counter-argument/submissions in Court at the SJ hearing against the above contentions of the creditor/claimant should be as follows:-

 

 

As admitted by the Claimant in para.5 of his witness statement, the last payment on the account made by me was in February 2009, as of March 2009, with no payment being made by me, I was in breach at that time of the credit agreement as to my obligation to make the monthly payments required thereunder, therefore, dispute or not, the Claimant’s personal knowledge of his cause of action complained of accrued and was known to him as of March 2009 and therefore the time clock on his cause of action began to run as of March 2009 and as of March 2015 the debt claimed under the credit agreement became statute barred. The Claimant has admitted in para.7 of his witness statement that he issued the claim in May 2015 and therefore he is out of time by two months to bring these proceedings to enforce the credit agreement and cannot proceed any further in contravention of the limitation period provided under s.5 of the Statute of Limitations Act 1980.

 

 

The Claimant’s cause of action accrued and was known to him as of March 2009 and this is the date material to these proceedings which prove his claim is statute barred.

 

 

Limitation Act 1980

Actions founded on simple contract

 

5Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

 

Did the Claimant ever send you a Demand for full payment of the debt, if so, what date is this? And, what does the October default notice say?

 

ibberty bibberty

Link to post
Share on other sites

Johno - how many emails did you send during that conversation on full & final?

 

It's a bit late in the day to start getting overly concerned about minor details but it definitely seems like something you need to prepare for, but sounds like it would be easy enough to bat off. Feel free to post up the email(s) if you wish.

Link to post
Share on other sites

Did the Claimant (creditor) send any letters to you in March or April 2009 as regards your non-payment? If he did, then that will provide you with conclusive evidence for the Court at the SJ hearing that he did, in fact, know that his cause of action accrued at that time.

 

 

Any dispute at that time does not interfere with the limitation period, because any such dispute does not extinguish his knowledge as to the date his cause of action accrued.

 

 

ibberty bibberty

Link to post
Share on other sites

The email says

 

It is not in either parties interest for this to move towards legal action, but that a compromise needs to be found in order to find a resolution.

 

Unfortunately I am unable to pay the amount you have previously stated and my last offer was rejected.

 

If the matter reached court and I was expected to pay an amount, I would be ensuring that the minimum monthly amount was paid.

 

However if you would like to compromise on a one of payment with the conditions highlighted in my last offer, I would need this to be significantly reduced, as I would have to consult with a third party in order to borrow money.

 

I would like a resolution and hope this can be realistically received.

 

What can my response be to this, have I shot myself, like I said no address or account number as reference I was not admitting the debt just wanted to offer an amount and the default be removed and as the account was in dispute with regards to an unreadable credit agreement

 

Thanks in advance, getting myself I a panic!

Link to post
Share on other sites

Is there not a part that refers to solicitor fee for attending the hearing? The name of the solicitor/barrister attending was named in both the statement of costs I've experienced. It might tell you a lot about how they're handling this SJ hearing.

Link to post
Share on other sites

Attendance on client £270

Attendance on opponents £216

Attendance on others £90

 

Solicitors costs £275.50

Other expenses £25.00

 

Is this what you mean

Link to post
Share on other sites

As regards your ‘without prejudice’ offer in full and final settlement, if you have not waived your rights as to privilege and confidentiality, then that offer is inadmissible as evidence and cannot be relied upon by the Claimant to support his claim against you.

 

 

Can you please try and reply to this post and my other recent posts. Thank you.

 

 

ibberty bibberty

Link to post
Share on other sites
5) After the Defendant made his final payment in February 2009, he raise a dispute on the account and MBNA had to deal with this dispute meaning they would have to place the account on hold. MBNA's case management notes suggest a final response to his dispute was sent to the Defendant in July 2009and following this a Default Notice was served in October 2009.

 

 

7) The cause of action arose when the creditor was able to take action against the Defendant and this was when the period for remedying the default specified in the Default Notice sent to the Defendant had expired. The claim is not statute barred , having been issued in May 2015, which is 5 years and 7 months since the service of the Default Notice in October 2009 and therefore within the 6 year limitation period.

 

 

Your oral counter-argument/submissions in Court at the SJ hearing against the above contentions of the creditor/claimant should be as follows:-

 

 

As admitted by the Claimant in para.5 of his witness statement, the last payment on the account made by me was in February 2009, as of March 2009, with no payment being made by me, I was in breach at that time of the credit agreement as to my obligation to make the monthly payments required thereunder, therefore, dispute or not, the Claimant’s personal knowledge of his cause of action complained of accrued and was known to him as of March 2009 and therefore the time clock on his cause of action began to run as of March 2009 and as of March 2015 the debt claimed under the credit agreement became statute barred. The Claimant has admitted in para.7 of his witness statement that he issued the claim in May 2015 and therefore he is out of time by two months to bring these proceedings to enforce the credit agreement and cannot proceed any further in contravention of the limitation period provided under s.5 of the Statute of Limitations Act 1980.

 

 

The Claimant’s cause of action accrued and was known to him as of March 2009 and this is the date material to these proceedings which prove his claim is statute barred.

 

 

Limitation Act 1980

Actions founded on simple contract

 

5Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

 

Did the Claimant ever send you a Demand for full payment of the debt, if so, what date is this? And, what does the October default notice say?

 

ibberty bibberty

 

No demand for arrears in default notice, NOD was 9th October pay arrears by 26th October

Link to post
Share on other sites
Did the Claimant (creditor) send any letters to you in March or April 2009 as regards your non-payment? If he did, then that will provide you with conclusive evidence for the Court at the SJ hearing that he did, in fact, know that his cause of action accrued at that time.

 

 

Any dispute at that time does not interfere with the limitation period, because any such dispute does not extinguish his knowledge as to the date his cause of action accrued.

 

 

ibberty bibberty

 

I just have two statements Feb & March that says defaulted, I have included it in my witness statement

Link to post
Share on other sites
Did the Claimant (creditor) send any letters to you in March or April 2009 as regards your non-payment? If he did, then that will provide you with conclusive evidence for the Court at the SJ hearing that he did, in fact, know that his cause of action accrued at that time.

 

 

Any dispute at that time does not interfere with the limitation period, because any such dispute does not extinguish his knowledge as to the date his cause of action accrued.

 

 

ibberty bibberty

 

Just the statements that I received which are included in my witness statement in an earlier post

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...