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    • 4 th time we've merged your threads  for complete history of your story please keeps to one thread
    • @dx100uk @ anyone else interested in Fighting HSBC UK  Staff/department non compliance and incompetence/interference in between HSBC UK and customers.   I wanted to know what you guys had to say about the reply i got from HSBC UK today.    Recap. I originally turned to HSBC UK to be reunited with Money i saved in accounts that where frozen and made dormant during the year 1995.   HSBC UK Teams tell me that HSBC UK only allows them to have access to account records dated back 6 years. there for they do not have the records, can not locate the records i requested for in my SAR. there for HSBC UK teams Ignored my SAR application for records of accounts made frozen and dormant during the year 1995. HSBC then claim if the accounts where closed they will no longer hold records of these accounts and tell that to the ICO. I again explained to HSBC UK and the ICO the records of accounts where left frozen and dormant.   HSBC UK teams continue to tell me over the phone that The records i requested for in my SAR, will not be located or do not exist because HSBC only allows them to have access to records of accounts dated back 6 years.    I returned to HSBC highlighting there is no such provision in the Data Protection Act.   HSBC UK teams today totally ignored my complaint again and confirmed with me they are classing my complaint as wanting to locate accounts that where closed.   Let me know what you think about the  HSBC UK teams response to my last complaint. Is there any other letters i can send them to confirm thay are not correct about what they have done.    The HSBC UK letter starts of by:You've been unable to recover funds you held in HSBC UK Accounts that were closed in 1994 to 1995, and to obtain the account details for the accounts concerned. You've been advised that we only retain records for up to 6 years, but you've been unable to locate any provision for this within the Data Protection Act (DPA). You require a Certificate of Destruction from HSBC UK to evidence the destruction of the data concerned. You feel your Subject Access Request (SAR) has been ignored by HSBC UK.   HSBC UK Teams now go on to explain: In respect of you being advised we only retain records for up to 6 years, but having been unable to locate any  provision for this within the Data Protection Act (DPA), I can confirm that under the DPA, we are obliged to only keep records for as long as we deem necessary, in order to effectively manage our data. So, for most cases, this will be for no more than 6 years.   In regards to your request for a Certificate of Destruction from HSBC UK to evidence the destruction of the data concerned, I regret that this isn't something that we can provide, as we don't keep records of when individual customer data was destroyed. I'd also like to clarify that if the accounts concerned were closed after becoming dormant, that we would have sent you closing statements at the time.   Lastly, I'm sorry you feel we've ignored your SAR. I want to assure you that we'll always look to accommodate a request for a SAR as best as we can. However, if we're unable to locate the account details and information required, this will mean we're unable to fulfil the request, which has unfortunately been the case on this occasion.   How else do you think i can highlight to HSBC that the teams dealing with My complaint, and request to be reunited with my money is not going to departments that can deal with my demand for services.?  
    • Hi   I have to agree if you have paid off the debt owed to them via this meter and are up to date on your bills  I would look at changing supplier and as said asking new supplier to install a standard meter and look for the best deals for you.
    • I have severe anxiety and going to leave my job and have been invited to a meeting but dont wish to attend that is three hours away from where I am. Can I legally give the  permission to decide without my being there? I cannot handle going as I know I'm going to be fired anyway as on my final warning. I'm also giving in my notice this week too! This job is just too much for me now and I cannot work here any longer. It's no good for my health and sanity  I am sick to my stomach thinking about going and about to hand my notice in anyway    
    • Thankyou it’s because I’m awaiting the outcome and a friend said I will be turned down as I asked them a while back if I had ppi on the account and how much it was and they replied.  But they did only send me a short confirmation with the amount and that they trust that answers my enquiry. i just wanted to be prepared if they wouldn’t turn me down based on that. Thanks for your advice on that mate 
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Betty55

PRA Claimform - old MBNA Credit card debt ***Claim Dismissed***

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I got into a lot of credit card debt and have 2 ccj already in 2013.

 

I have continued to bury my head in sand and ignore letters re my other cc debts.

 

I received another ccj claim dated 10th October and was going to just fill in expenditure form and offer payment

 

I struggle with dealing with this due to mental health so

 

send back acknowledge service to buy more time to complete forms.

 

Last night I came across this site and am now wondering if I should try to defend it.?

 

It’s very last minute and I don’t know if I have time?

I’ve never tried this before.

 

The debt was sold to PRA group they are claimant and the debt was £13k

on the claim they are also asking for another £4,500 interest now over £18k they want.

I will have to go bankrupt if I end up with an 18k ccj

 

They say I signed agreement in 2002 and defaulted in 2013.

 

I have never answered any calls or letters.

 

I have to send a defence or admission I think in next few days.

 

I should have looked into this sooner.

 

Is it too late do I need to offer payments

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Hi Betty and Welcome to CAG

 

If you could read the following link and then copy and paste the Q,s and your responses back here for further advice.

 

You need to request a copy of the credit agreement and also complete a CPR 31.14 request (instructions are contained in the link)

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

Regards

 

Andy


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Thank you for reply

 

Name of the Claimant ? PRA group ltd

 

Date of issue – 10 Oct 2017

 

What is the claim for –

 

1.The claimant claims the sum of £16,800.50 for debt and interest.

2.On 22/09/2002 the defendant entered into an agreement with MBNA Europe bank ltd for a credit card underdressed ref xxxxxx.

3.On the 21/05/12013 the defendant defaulted on the agreement with an outstanding balance of £13k.

4.On the 20/06/13 the debt of £13k assigned to PRA group ltd.

Notices of assignments were sent to the defendant in accordance with s136 law of property act 1925.

5.Payments of 0.00 received up to 29/06/13 and

the claimant claim the sum of £13k .

Statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum from 23/06/13 to 1/10/17 £4,900 and thereafter at a daily rate of 2.90 until judgement or sooner payment

 

What is the value of the claim? £18k

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card

 

When did you enter into the original agreement before or after 2007? 2002

 

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. PRA

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Can’t remember

 

Did you receive a Default Notice from the original creditor? Can’t find one

 

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

Why did you cease payments? Got into a lot of debt after divorce mental health problems

What was the date of your last payment? May 2013

 

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

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so defence due by Friday 4pm.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

 

GET CCA/CPR running TODAY


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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

Single Premium PPI Q&A Read Here

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Follow dx's advice. Its unlikely theyll ever get the proper paperwork, so are trying to foce through a CCJ befor eyou realise. Especially as they got greedy and have seen that amount.

 

Again, you MUST follow dx's advice to the letter, or you will end up paying this amount that you very VERY likely will never need to pay.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thankyou

I have done the CCA Request but am waiting for someone to return with ink for printer as usual it all goes wrong when in a hurry.

 

I am doing the cpr.31.14 now but the claim form does not state solicitor details the address for sending documents is the same as the claimants pra group.

 

There is no details of the solicitors address so not sure where to send it? Any ideas?

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Thanks for help

Should I send both cca and cpr together or separately ?

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Thanks for help

Should I send both cca and cpr together or separately ?

 

Together if you wish but get a receipt of postage


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I have done the cpr31.14 and cca and am wondering

do I put today’s date on the letters as I’m so late sending them given I received the claim forms on 17th October

whether this will be a problem for me in my defence due to me taking so long to request this information?

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No...put today's date on...we can work around that in the defence


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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Thank you all I have just done the post office dash and sent the CCA and CPR31.14 via special delivery.

 

I am going to do the defence online through the mcol website.

 

I have been looking at some threads but cannot find guidance to complete the defence so not sure which area of site to find this.

 

Any direction to where I should look for information about doing the defence would be much appreciated thank you

 

Betty55

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use the search CAG box of the top red toolbar

 

claimform PRA credit card

 

post it up here 1st for checking.


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Reclaim mis-sold PPI Read Here

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Thanks dx

Sorry I’m new to all this I search for cliamform PRA credit card ? And post the defence forms on here before submitting them?

 

I’ve just noticed something else.

 

On the particular of claim it says on the 20/06/13 the debt was assigned to PRA group.

 

But I have letters from Aktiv capital in June 2013 and then from tempos solutions in 2014 .

 

then another from Buchanan Clark and wells acting for activ capital in April 2014.

 

Are they all the same company or can several DCAs be assigned the same debt?

 

I don’t understand it all

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https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=claimform+PRA+credit+card&sa=Search+CAG#gsc.tab=0&gsc.q=claimform%20PRA%20credit%20card&gsc.page=1

 

post it up here FIRST

as it will need slight adaption now from those that you'll find as the rules have changed.

no rush you have till Friday

but have a go

 

as for the DCA's all the same lot!

just trying to kid you it going up some kind of 'ladder'

 

don't ever forget

a DCA is NOT A BAILIFF

they have zero legal powers.


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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

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

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Thank you dx I wiill

Bit panicked as in work all day tomorrow and Friday but will work on it tonight and tomorrow night to get it done at least it can be sent online not another post office sprint

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have a go if not well post something for you

its better you have an idea rather than going in blind


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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Shamefully lifted from others posts but thought would check if I am on the right track?

 

The particular of claim (do I put this in my defence form?)

 

1.The claimant claims the sum of £16,800.50 for debt and interest. On 22/09/2002 the defendant entered into an agreement with MBNA Europe bank ltd for a credit card underdressed ref xxxxxx. . On the 21/05/12013 the defendant defaulted on the agreement with an outstanding balance of £13k. 4.On the 20/06/13 the debt of £13k assigned to PRA group ltd.

Notices of assignments were sent to the defendant in accordance with s136 law of property act 1925.

Payments of 0.00 received up to 29/06/13 and

the claimant claim the sum of £13k .

Statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum from 23/06/13 to 1/10/17 £4,900 and thereafter at a daily rate of 2.90 until judgement or sooner payment

 

1. 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.

 

 

2. Paragraphs 1 & 2 are noted and is accepted that the Defendant has in the past had financial dealings with MBNA. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim. The Defendant has sought verification from the Claimant who as of this date has been unable to comply.

 

 

3. Paragraph 3 & 4 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974 or of any legal assignment or Notices of Assignment pursuant to the Law and Property Act 1925 Section 136(1) as stated on the claim by the Claimant or by MBNA.

 

4. A request for information pursuant to the Consumer Credit Act (section 78) was made on the 8th November by signed for delivery and a CPR 31.14 request was made by signed for delivery on the 8th November 2017 . To date the Defendant has received no response or acknowledgment from the claimant in relation to the request for information pursuant to the Consumer Credit Act (section 78) or the Claimant’s legal representative regard the CPR 31.14. The Claimant in their non-compliance to my requests therefore remain in default.

 

5. Paragraph 5 is noted.Although the claimant is denied from adding section 69 interest to inflate the debt of any alleged amount outstanding at this time.This is at the discretion of the court whether to allow it in full partially or at all. I have in the past had financial dealings with MBNA ,I do not recollect the precise details of this agreement and have therefore sought clarity by way of a section 78 request to the claimant. As of this date the claimant has failed to comply with my request and is therefore prevented from seeking or requesting any relief until such compliance.

 

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement; and

 

b) show how the Defendant’s alleged debt has reached the amount claimed for; and

 

c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and

 

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

 

 

7. As per Civil Procedureicon Rule 16.5 (4) it is expected that the Claimant proves the allegation that the money is owed.

 

 

8. On the alternative, as the Claimant claims to be 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.

 

If anyone has time to check this it would be appreciated as it’s all confusing. I have a lot of reading to do

Betty55

Edited by Betty55

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yea done good there

theres a bit to add about the new PAP rules

i'll find it later


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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Thank you so much.

The only thing I was worrying about is that I only sent the requests for cca and cpr today and have had the claim since 17 Oct. do I have to explain in my defence why I have only just sent those requests and not done so sooner? I am worried the judge will give them the ccj because I took too long sending those requests

Betty55

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nope as andy said a slight adjustment might be needed that's all.

 

no judge will ever allow a CCJ if the claimant cannot PROVE their case


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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Thankyou I am a bit of a panicker. I have also realised I made and error in my CCA Request. In this bit.

 

“You are reminded that should you fail to comply with my request: the provisions of s.77 (4)a/78 (6)a/79(3)a will apply”

 

I forgot to delete the s77 & 79 bit. I’m such a numpty. Should I send another ammended letter? Doh

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your best bet atm is to have a glass of wine and relax :)


IMO

:-):rant:

 

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think I need a barrel not a glass,!

:)

post back when you're half way through...

don't worry though, the guys will guide.


IMO

:-):rant:

 

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