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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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azureblue

MCE Portfolio/Optima Legal/MBNA

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Received a court claim on the 17th April 2015.

Claimant: MCE Portfolio Ltd

Solicitor: Optima Legal Services

Original Creditor: MBNA

Claim Amount: £2600

Particulars of claim

“The Claimant’s claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974 whereby MBNA – CREDIT CARD ‘Original Creditor’ provided the defendant with a credit card. In return the defendant agreed to pay at least the minimum payment given in the statement. A default notice was served on the defendant which has expired and upon which the defendant has failed to comply with. A Notice of Assignment has been sent to the defendant notifying them that this debt has been assigned to the Claimant. The Claimant therefore claims the sum of £2600 plus costs. The claimant has complied with sections III and IV of the practice direction on Pre-Action Contuct.”

AOS filed online on the 1st May

CCA & CPR31.14 sent by recorded mail on the 5th May

Received reply from Optima dated the 14th May

“We refer to the above matter and your letter dated 05 May 2015, the contents of which have been noted.

Please note we have requested the required documents from our client and will forward these to you in due course.

We agree to an extension of 14 days from the date the documents are sent to you, to enable you to file your defence.

We trust this is in order.

Yours faithfully

Optima Legal”

Sent email to court office:

Re Claim No. XXXXXXXX.

I wish to confirm that an agreement has been made between myself XXXXXXXX (The Defendant) and Optima Legal(The Claimants Representative) to extend the time for me to file my defence.

Please refer to the attached documentation relating to this matter.

Kind Regards XXXXXXX”

Reply from Court Office

“Good afternoon, Thank you for your email.

This has been noted on the court file.

I hope this assists you with your query,

If you should require any further assistance then please do not hesitate to contact us.

Regards”

 

 

I am not sure what I should do now, can anyone help me with this?

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When did you take the card out?

 

Have you reclaimed any PPI or charges?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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No ppi ever claimed.

 

At a guess I would say 15+ Years Ago.

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So the 14 day stay is for them to get the CCA, yes?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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yes, thats what they "offered" in their letter.

 

"We agree to an extension of 14 days from the date the documents are sent to you"

Edited by azureblue

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I'll be stunned if they can source the original after all this time!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thats the way I feel also. As it stands were are at a stalemate with me being given 14 days to respond if the can produce anything.

Do you think its likely just to fizzle out?

Should I just sit tight and do nothing? Or should I be doing something to knock this on the head?

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TBH, this could have been knocked out of the water a long time ago, how long have they been chasing this for?

 

Actually, when did you last pay anything toward this?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Last payment was approx 3 - 4 years ago. Account defaulted approx 2009, its has dropped of my credit file so its over 6 years since default. Its been passed around a few DCA since the original creditor gave up.

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Did you ever request the CCA previously?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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No.

 

I know I have probably gone about this all wrong but I have only just learned to stand up to these people recently.

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Why did you agree to the ext?

 

Only gives them more time to magic up paperwork

You should have filed the holding/no paperwork def

 

DX


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I didnt agree it with them they offered it in their letter. I though I was doing the right thing by forwarding to the court for file.

 

Can I not just file my defence you mention anyway. I am sure the wouldnt think twice about doing that to me!

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Yxep

Plenty of examples here

 

Post it up first mind here

 

However they still have the 14 days

 

When's the deadline?

 

DX


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Deadline for cca? expired (my letter dated 5th May)

14 days is an extension for me to file a defence once they produce their paperwork.

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Is this suitable?

 

POC:

 

 

Particulars of claim

1.The Claimant’s claim is in respect of a credit agreement regulated by the consumer creditlink3.gif Act 1974

whereby MBNA – CREDIT CARD ‘Original Creditor’ provided the defendant with a credit card.

In return the defendant agreed to pay at least the minimum payment given in the statement.

 

2. A default notice was served on the defendant which has expired and upon which the defendant has failed to comply with.

 

3. A Notice of Assignment has been sent to the defendant notifying them that this debt has been assigned to the Claimant.

 

The Claimant therefore claims the sum of £2600 plus costs.The claimant has complied with sections III and IV of the practice direction on Pre-Action Conduct

 

 

 

Defence:

 

The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 

1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request.

 

2. Paragraph 2

 

3. Paragraph 3

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

5. On the 5th May 2015 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited by Andyorch
amended

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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This is the full POC

 

1.The Claimant’s claim is in respect of a credit agreement regulated by the consumer credit Act 1974

whereby MBNA – CREDIT CARD ‘Original Creditor’ provided the defendant with a credit card.

In return the defendant agreed to pay at least the minimum payment given in the statement.

 

2. A default notice was served on the defendant which has expired and upon which the defendant has failed to comply with.

 

3.A Notice of Assignment has been sent to the defendant notifying them that this debt has been assigned to the Claimant.

 

4.The Claimant therefore claims the sum of £2600 plus costs.

The claimant has complied with sections III and IV of the practice direction on Pre-Action Conduct

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prob best to just let it sit

until they comply

p'haps andy might pop in.

 

 

that defance and the linked one

will need adaption

but hold fire

till advised otherwise

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Defence is fine once you finish 2 & 3 above azureblue ...

 

Regards

 

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

 

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2. A default notice was served on the defendant which has expired and upon which the defendant has failed to comply with.

 

3. A Notice of Assignment has been sent to the defendant notifying them that this debt has been assigned to the Claimant.

 

I am not sure how to reply to this as I dont recall having received either of these.

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did you receive either of them?

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I dont know, I am currently going through a box of paperwork that spans 6+ Years. If I received it will be here. I will let you know.

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If you dont recall or unsure...then state so....anything you do not deny to will be accepted as an admittance by the court.


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

 

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