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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
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Lucky7even

Max Recovery & MBNA card debt

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I initially had a credit card debt with MBNA which was then sold onto Max Recovery Limited.

 

When the debt was originally sold it was under an IVA.

 

Now the IVA has since been cancelled, so I have started written communication with Max Recovery Limited.

 

As I understand it, when a debt has been sold on, there should be a Deed of Assignment to prove that Max Recovery Limited own the debt.

 

I have asked for this document on 3 occasions Max Recovery Limited has not acknowledge this requests.

 

To date Max Recovery Limited has sent the debt onto their own DCA a firm called Drysdenfairfax Solicitors for collection.Again, I asked their DCA for proof their client owns the debt, Drysden have not complied.

 

I reported Drysden to the Solicitors Regulation Authority over the matter, the SRA said Drysden hasn't done anything wrong.

 

So my question is this; because Max Recovery Limited have failed to provide proof they have purchased the debts, can they persue me for it!?

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Ignore the Deed of Assignment, its not something that will show you.

You need to follow a standard process of paying £1 for a CCA Request... (Postal Order is best)

 

Look at the Library...


 

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**Fko-Filee**

Receptaculum Ignis

 

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A precious DCA, Eversheds gave me a so called copy of a CCA.

 

This had been done online with no wet signature.

 

This was all they provided.

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Where did you find out about the DOA? Please tell me because I really want to know?

 

It doesnt have to be a Wet Signature...

 

Do you have a copy of the CCA?


 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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If you google it, a Deed of Assignment is where it proves the debt has been ligimately sold on, Max Recovery Limited have never shown me a DoA to prove it owns the debt.

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Google is a search engine... So what link did you click on, where did you go to get the above info?

This is to help you, not lambaste you.


 

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**Fko-Filee**

Receptaculum Ignis

 

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Read this:

 

[removed freeman site link - dx]

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Right........ Okay well ignore all that. You still have a copy of that CCA? Time to show us minus any personal info.

DOA is a commercially sensitive document that only a judge will normally see (/ Order for as well)

 

(Bottom of that page link, it says "How a cash loan could help you" - Think a bit of brain engaging might be necessary sometimes)

 

Using that process will get you into trouble... Trust me


 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Yes they did send me a copy of the CCA again no signature and all done online, basically anyone could have done it.

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Is this in relation to any other of your threads about MBNA (PPI etc?)

Right well time to put the CCA up for us to look at ... Please can we have some more info on the account?

 

- What went wrong?

- When Taken Out?

- Charges?

- PPI Claimed?

 

Anything you can tell us will help you.


 

We could do with some help from you.

 

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

 

**Fko-Filee**

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Hi

Just for clarification

A Deed of Assignment is a confidential agreement between the seller and buyer of a debt.

 

A Notice of Assignment is what is supposed to be sent to the debtor and only if the debt has been sold. If the debt is being collected on behalf of the creditor, no assignment is needed.

 

CCA, Since April 2007 they no longer need to prove you signed anything, just that you had the benefir of the credit which is quite easy to do.

 

Pre April 07, they are still allowed to send you a 'true copy' of your agreement or what it would have been at the time you took out the agreement. If they tried to enforce through the courts, then they would need a signed agreement.

 

As for this 'wet ink' nonsense. If you apply for an account online, how are you going to sign it? It is acceptable to use a digital signature or even just a stamp.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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hope you have not been reading another certain site D.O.S etc you will come unstuck believe you me.

 

you are only entitled to see letter ( Notice) of assignment.


:mad2::-x:jaw::sad:

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hope you have not been reading another certain site D.O.S etc you will come unstuck believe you me.

 

you are only entitled to see letter ( Notice) of assignment.

 

Thanks.

 

When MBNA sold the debt onto Max Recovery Limited I was not sent this NoA.

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