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    • So ignore any calls/letters off DCAs and try and work with PayPal directly to pay small amounts that I can afford?  Like ive said, I’ve opened a new bank account and transferred my regular in’s and out’s to that account. I’ve removed my old debit card from PayPal but left on there my old bank account info, reason being I’m hoping that makes it easier to send payments to PayPal. Does this seem a good idea? 
    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 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 What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes 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?  Yes Did you receive a Default Notice from the original creditor?  Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
    • Just to update no reply from Marston regarding letter no further visit as yet.    
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Judiciary seeks to ban fee-charging McKenzie Friends in order to protect 'vulnerable litigants'.

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Today the Judiciary released their long awaited Consultation on McKenzie Friends.

 

Most importantly, the consultation proposes a ban on fee-charging McKenzie friends in order to protect ‘vulnerable litigants’ from unregulated, uninsured and unqualified individuals.

 

The article from the Law Gazette website outlines the Consultation in detail (and the online comments make interesting reading !!!).

 

http://www.lawgazette.co.uk/practice/judiciary-proposes-ban-on-fee-charging-mckenzie-friends/5053851.article

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Found a Law Society Gazette article on the family court incident last year, where whilst representing a Mother, one of these guys unleashed foul mouthed tirades in court, and cornered the Barrister in the corridors

 

http://www.lawgazette.co.uk/news/ex-bouncer-mckenzie-friend-banned-after-calling-lawyer-a-lying-slag/5049010.fullarticle


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Found a Law Society Gazette article on the family court incident last year, where whilst representing a Mother, one of these guys unleashed foul mouthed tirades in court, and cornered the Barrister in the corridors

 

http://www.lawgazette.co.uk/news/ex-bouncer-mckenzie-friend-banned-after-calling-lawyer-a-lying-slag/5049010.fullarticle

 

He is Nigel Nigel Baggaley. He is also likes to use a different identity: Nigel Quinlan

 

 

Although he is truly obnoxious he has singlehandedly managed to get the Judiciary to overhaul the entire McKenzie Friends market.

 

This is a blog of his

 

http://istyzackmad.blogspot.co.uk/2014/01/my-open-statement-to-president-lord_14.html

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This 'profession' (for want of another word) came under severe criticism in court a few days ago.

 

The court made cost orders of £2,000 each against two McKenzie Friends for the part that they played in legal proceedings. Although the orders were overturned at appeal, (with the MK's being represented by a Barrister !!) the case highlights why this industry urgently needs to be regulated.

 

http://www.lawgazette.co.uk/law/campaigning-mckenzie-friends-avoid-2000-cost-order/5053891.article

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Found a Law Society Gazette article on the family court incident last year, where whilst representing a Mother, one of these guys unleashed foul mouthed tirades in court, and cornered the Barrister in the corridors

 

http://www.lawgazette.co.uk/news/ex-bouncer-mckenzie-friend-banned-after-calling-lawyer-a-lying-slag/5049010.fullarticle

 

The Judgment itself is highly critical (link below)

 

PS: Sometimes we have trouble on this forum with links to Bailii. I have provided another one as well in case it does not work.

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Fam/2015/1496.html&query=Nigel+and+Baggaley&method=boolean

 

http://www.scribd.com/doc/266636127/In-the-matter-of-NIGEL-BAGGALEY-aka-Nigel-Quinlan

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