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    • Just ignore the letter.   Block/bounce their emails or let them come through so you know what they're up to, and keep us posted.............   😎
    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • or PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH        For either option, does it say which appeals body they operate under. Yes      This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system.   The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see.   The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system . I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.    Below is CE  evidence to POPLA and  2 photos of my evidence. I have omitted other CE evidence as it includes personal and private details. I will upload POPLAS decision soon    CE to POPLA   ce to popla.pdf ce to popla 2.pdf ce to popla 3.pdf ce to popla 4.pdf ce to popla 5.pdf view approaching car park.pdf view from my parking bay.pdf   My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   18. We refer to the Appellant’s submissions that the signage was turned and difficult to see, however, we have attached an image plan dated 27/03/2019 which demonstrates there are many signs on the site which are readable and easy to see. The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured. Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.    19. The grace period was taken into consideration before issuing the Notice, and we have deemed this incident to have exceeded the allowed grace period.  Please note that whilst we do not advertise the grace period on signage, it is compliant with the guidance provided by the British Parking Association in their Code of Practice, which states that motorists should be allowed 10 minutes in which to decide if they are going to park or not.    20. Whilst we appreciate the Appellant’s submissions, we are unable to take into account mitigating circumstances; the terms and conditions of parking were clear. Furthermore, the Appellant failed to utilise the operator’s helpline phone number (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.    21. We refer you to paragraph 3-8 of our response (above) as well as the following statement made by the British Parking Association, which advises all motorists:    “Regardless of whether they park in private car parks, Council car parks or on-street, motorists should always park properly and always check any signage displayed to make sure they know and understand the rules that apply. This is especially so if they are visiting for the first time - in order to acquaint themselves with the prevailing Terms & Conditions for parking.”    Drivers have an obligation to check for signage when parking on private land – the signs do not need to be placed directly in the position where they parked, they      Horton House, Exchange Flags, Liverpool L2 3PF Tel: 0115 822 5020  Registered Office as above. Company Registered in England. Company Registration Number 05645677  Pa ge 7  simply must be placed throughout the site so that drivers are given the chance to read them (BPA Code of Practice, 18.3).    22. This Parking Charge Notice was issued under Schedule 4 of the Protection of Freedoms Act 2012.    23. The Appellant’s details were obtained from the DVLA on 10/07/2019 and the PCN was sent on 12/07/2019.  Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.            POPLAS assessment and decision....unsuccessful   Assessor summary of operator case   The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case   The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision   The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver.   The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes.   Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located.   Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”.   Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.”   The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice.   The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list.   The appellant states that he parked on site to attend a dental appointment . I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms.   The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019.   It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms.   The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site.   As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit.   I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.  
    • Hi MIE   I have prepared for the fact that I might not win, although I would very much like to but has been factored into my plans to deal with my current debt and helping to reduce it.    In in regards to documentation....I have been asking for specific information, which they have refused to provide me with since 2013 and not just since I received the claim.    I’ve not received any documents or a response to my SAR.    Particulars of claim in #5.    Defence below (I know it’s not the best, but it’s all I could come up with).   DEFENCE   1. The Defendant received the claim xxxxxxxx from the Northampton County Court Business Centre on 10/08/2019.   2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.   3. This claim relates to an alleged salary overpayment.   4. It is admitted that the Defendant was employed by the Claimant from 02/02/2009 until 31/08/2011.   5. It is admitted that the Defendant has made a payment of £465 to the Claimant.   6. It is denied that the Defendant owes this whole amount as the Claimant has not provided the information and documents requested.   8. The Defendant is unable identify through financial records that amounts were received as alleged.   9. The Claimant has failed to provide bank account details of where payments were made despite being requested to provide this information.   7. The Claimants particulars of the claim fails to give adequate information to enable me to properly assess my position with regards the claim.   8. The Defendant contends that the Claimant is a public body that is requesting interest on a debt that is alleged to have been incurred as a result of a salary overpayment and not a credit agreement.   9. The Defendant contends that the Claimant is requesting interest from a date that is Statute Barred.   10. On the 12/08/2019 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor].   11. Claimant’s Solicitor has not sent any of these documents to the Defendant.   12. The Defendant has asked the Claimant Solicitor if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but no response has been received.   13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.   14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.   15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.   16. It is denied that the Claimant is entitled to the relief as claimed or at all.   Statement of Truth The Defendant believes that the facts stated in this Defence are true.
    • Thread moved to Debt Collection Agencies Forum.   Andy
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Hi all ,

 

I have a defaulted barclaycard account which was sold to MKRR recently, ouststanding balance about £4500.

 

I have been passed from one dca to another over the number of years that i have had this account set up payment plans

 

 

then things have happened so they havent been stuck to,

it then goes quiet for a few months and then seems to get passed to different dca

 

i have received 3 letters to date

first 2 were to inform me that barclaycard have assigned

and transferred my account to MKDP LLP etc

 

 

the third one i received today from MKRR asking me to contact them to set up payment plan

quite a nicley worded letter and very non-threatening actually !

 

Having read all the posts on MKRR im slighlty curious about exploring the possible loopholes that might be avaliable to me

 

 

not really sure about what is the first letter to send to them

and quite nervous about what is the impact of going down this route if it is unsuccessful

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Hi, can you give us some more history of the debt, have you had the agreement supplied, what shows on your credit files, owmership, default date etc.


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hi thanks for prompt response i first defaulted on account approx 2006 it went to mercers i i will have a hunt for paperwork not sure if i still have it might take a few days though in the meantime i will get copy of my credit file too. i havent requested agreement or anything yet . The account is soley in my name

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OK at the moment on data availble I think Barclays are wrong!!


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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thats good to hear i will get back to you once i have all the info to hand will take a few days though !

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Name of the Claimant ? HOIST PORTFOLIO HOLDING 2 LTD

 

Date of issue – 16th MARCH 2016

What is the claim for

 

1.This claim is for the sum of £4000 (rounded down )in respect of monies owing under an agreement with the account number xx xx xx xx xx xx pursuant to the consumer credit act 1974 (CCa)

The debt was legally assigned by MKDP LLP ( ex barclaycard) to the claimant

and notice has been served .

2.The defendant has failed to make contractual payments under the terms of the agreement .

A default notice has been served upon the defendant pursuant to s.87(1) CCA

 

3.The claimant claims

1) The sum of £4000

2) interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from 27/5/10 to the date hereof 2116 is the sum of £1900

3)future interest accruing at the daily rate of £0.93

4) Costa

 

What is the value of the claim? Total amount just under £7km

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? BARCLAYCARD CREDIT CARD

 

When did you enter into the original agreement before or after 2007? Before (1993)

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. MKDP

 

 

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? Think so

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

 

Why did you cease payments? Financial difficulties following divorce

What was the date of your last payment? This I'm not sure of

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

Hi all some advice needed

 

got this claim form the other day

 

I have checked my credit file and it is showing payment made up to 42 months ago

I'm sure that this is wrong as I don't recall making any payments for a lot longer than that

 

can I ask for proof from debt company that this is correct as I thought that this was statute barred .

 

Advice on what to do next greatly appreciated

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When did you enter into the original agreement before or after 2007? Before (1993)

 

:becky:


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Hi - does this relate to your 2012 query here? http://www.consumeractiongroup.co.uk/forum/showthread.php?370256-barclay-card-passed-to-MKRR-another-request&p=4026793#post4026793

 

Did you ever CCA the account? Any PPI to reclaim? Or penalty charges?

 

You mentioned in that thread that the account defaulted around 2006? Did you pay anything to Mercers? Or any other DCA?

 

If not then the account is long-dead under the Limitation Act.

 

Whatever the answers to the above, if you haven't already, then you need to register with MCOL, acknowledge the claim, leave 'Jurisdiction' unchecked and register your intent to defend the claim in full. Get a CCA request off to MKDP and a CPR 31.14 off to Cohen (see the Library for details).

 

If you are absolutely sure that no payment or acknowledgement (in writing) has been made of the debt by you, then your defence will be that any debt claimed is barred by the LA. Chances are that they don't have a CCA which they would need to get the claim past a Judge even if the account is not statute barred, so the requests for all the paperwork is belt and braces.

 

Do not file the defence without input from other, more learned people than I however. Acknowledging the claim will give you plenty of time to get your defence in order and filed within good time


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thanks for the reply sidewider

to answer your questions yes it is the same query

 

 

i seem to recall setting up a payment plan of somekind with mercers but never really stuck to it

 

 

im sure they issued a default on it too although that has dropped off my credit file

and a new one applied on 27/5/10 by mkdp.

 

 

i never did cca the account but will fire off the 2 letters you advised tonight. and acknowledge the claim too.

i will post again once i hear back.

 

will they reply in goodtime do you think so that i can file a defence or will they stall to see /hope that i miss the deadline ?

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Whatever happens you must not miss your deadline to file your defense. Its 33 days from date of issue, date of issue being day 1.

If theres no paperwork then thats the defense you use.

If they send an agreement, scan it and post it here in pdf format please so the team can advise


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GEMHL Settled

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Spml Reluctantly withdrawn

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ok thanks that's a great help

 

 

one more thing

who do i send the cca request to is it the claimant (Hoist portfolio holding 2 ltd)

as in the particulars of the claim it says the debt was assigned to the claimant by mkdp ?

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CCA request to the claimant

CPR 31:14 to the sols

don't sign anything.

 

 

what was the date of that first default?

 

 

dx


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I think it was 2006 by mercers but don't have any paperwork relating to it .

 

 

Letters all printed and ready to send special delivery tomorrow, Aos done too .

 

Am I right in thinking my deadline date for defence is 17th April 2016

(date of claim was 16th March 2016)

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go ring Barclaycard and ask last payment/use date

 

 

def due Friday 15th by 4pm.

 

 

dx


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Ok thanks I will post back here once I have spoken with barclaycard many thanks for your input so far you've been a great help

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hold on the letters till you findout last payment date

if its Statute barred

 

 

no need to waste the money on postage.

 

 

dx


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finally spoke with barclaycard

last payment to them was made on 17/8/2011 - so not statute barred

 

 

will post off letters today by special delivery

and post back here when /if I hear back .

 

 

In the meantime is there anything else I need to be doing in preparation for defence ?

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ok all good.

 

 

read read and read more threads in this forum and the DCa legal successes off of this one


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finally spoke with barclaycard last payment to them was made on 17/8/2011

.

Yet you say MK defaulted you in 2010, in which case no longer anything to do with Barc

.

Something here not right

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.

Yet you say MK defaulted you in 2010, in which case no longer anything to do with Barc

.

Something here not right

 

Or do you mean that MK took over the default which Barc had applied in 2010 - as permitted. But why would they do that if you were paying up until 2011?

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paid after the default nothing wrong there?


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For the benefit of those reading:

 

When the default reaches 6 yrs old (may 2016) and drops off the account, what effect if any, does the later payment have, does that stay for 6 years also or does it disappear along with the account when the default goes?


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GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

{the WHOLE ACCOUNT WILL VANISH, never to return}.

.

{however, this does not mean the debt itself is not still owed

consider a CCA request.}

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

.

NOTE: {the bracketed text is not ICO guideline but my advise]


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

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Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Got postal order returned today from Robinson way ( sent it to hoist portfolio )

 

 

"we acknowledge receipt of your request under section 77-79 of the consumer credit act .

Your account is now with our clients solicitors Howard Cohen & co

and they have issued a county court claim against you .

 

 

As you have filed your defence in this matter,

all documents will be requested by our clients solicitor Howard Cohen & co as part of this process,

 

 

therefore please find enclosed your £1.00 fee.

 

 

If you have any questions please contact our office on 0345 2668876 "

 

Still waiting on reply from Howard Cohen re CA etc .

Is this an expected reply ?

Any thoughts greatly appreciated

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