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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim 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. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the xx/xx/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the xx/xx/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, xx/xx/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant 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; 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.
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Lowell claimform - OHs Vanquis Claim Form***Settled by Tomlin Order***


nomoremoney
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Apart from the swapping of him to her and other things showing they obviously copy and paste all this, some parts stand out to me straight away:

 

19 do they need proof they sent the default notice?

 

21 what are they refering to?  We did not try to accept any offers or even contact them other than the CPR requests.

 

22 RC4 shows they sent the notice of assignment to our previous address after we had moved

 

Claimants witness statement redacted1.pdf

Claimants witness statement redacted3.pdf

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they must produce a copy of the original default notice from the original creditor

not sure how many times lowells have lost or disc'd a claim upon this point alone now.

 

converted and attached as a PDF

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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opps yes

and opps name and A/C showing 

i'll see if I can deal now

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Very similar thread and statement and exhibits in which the Judge allowed judgment......

 

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 OTHER

 

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I'm struggling to see how to win this one, especially now after looking at the other thread.

 

Is it too late to go back to our original dispute that they kept adding late payment charges even though they was successfully taking the minimum payment by direct debit?

 

Reckon they would accept 50% as full and final settlement now, as opposed to £1 a month forever?

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Why would they offer a Tomlin Order? Surely they would only do that if they weren't 100% it was going to be a win...

They reclaim their costs from the debtor if successful?  

 

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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I stated they might loose, a chance they may take , if they do then they loose fees etc, every case is different = there are no wills/wont"s,   many a case they loose or pull out of at the last minute before they loose their fees etc  there is no guarantee in any case,  by the way A Tomlin Order can be arranged up to the last minute if they have not discontinued the case (they tend to leave last minute for you to collapse and they get their holiday or xmas party fund = (The debt purchasers dirty trade, read threads you are not alone, and you may see others stories where they have beaten them/

:mad2::-x:jaw::sad:
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With Debt and court cases. Its who blinks first who loses a lot of the time. It is a judge lottery and it is also a pain in the backside. 

Lowell temp fate with the debts they buy all the time. There isnt really much you can do apart from follow the processes. Think about it - If you hadnt of come here then you woudlnt have learnt what you know now. 

 

They have to work for their money on the off chance they MAY win... Ive seen weird decisions in court - When all the odds when in the Creditors favour - They still either pulled out or even lost the case... Faulty DN, Missing Docs... The list goes on. 

 

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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The big worry here is that this is my wife's debt. And she is very shy and nervous and absolutely dreading having to speak up in court.

 

If it's not a sure win that's why I'm thinking it would be better to negotiate now, instead of with a CCJ. This is the only negative on our credit files and it will drop off next year.

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2 hours ago, nomoremoney said:

I'm struggling to see how to win this one, especially now after looking at the other thread.

 

Is it too late to go back to our original dispute that they kept adding late payment charges even though they was successfully taking the minimum payment by direct debit?

 

Reckon they would accept 50% as full and final settlement now, as opposed to £1 a month forever?

 

In that thread the Judge was wrong...the whole case relied on the Default Notice and he accepted that the Notice of Arrears was part of the default notice and because the NoA was dated it was okay...even though the actual default notice was not dated...as yours (RC3)

 

A Notice of Arrears is not part of the Default Notice...its a requirement that was introduced by the The Consumer Credit Act (CCA) 2006 and its amendments.

Section 11 of the CCA 2006 amends the CCA 1974 by inserting a new section - 86D - that sets out the consequences for a creditor if he fails to notify as required by sections 86B or 86C.

If the creditor fails to provide a notice when required to do so, then throughout the period of his failure (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement.In addition, the debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure.

 

So there is no connection between the Default Notice and the Notice of Arrears...two completely different notices unconnected.

 

So if the Default Notice is not dated then it fails the prescribed terms required pursuant to section 87 & 88 of the CCA1974.Your DN that states for you to rectify the breach you are required to pay the amount stated by 7th April 2014...but given the DN is not dated it cannot equate from when...what date ...when was it received .You may have received it on the 1st April...therefore the prescribed time of 14 days plus service cannot be proved...therefore it is invalid.....and that Judge was wrong.

 

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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No it isn't dated.....thats the Notice of Default...not the Default Notice

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Got ya.

 

No address on it either. But wont they argue that it came in the same envelope as the notice of default and so the date is obvious like in the other thread? 

 

Need to put all this into a witness statement. Can you see any other obvious failings?

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ring the court and ask??

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

They have paid the court fee.

 

As it didn't look like we where going to have any luck in court, I've verbally agreed a Tomlin order.  The default will disappear from her credit report in less than a year, yet a CCJ would be starting a new 6 year mark, so this seemed like a more sensible option if we were going to be ordered to pay it anyway.

 

Thanks

Edited by nomoremoney
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Your choice and you must do what you feel is best for you......although its a pity we didn't get another Judges view on an undated Default Notice.

 

Thread title updated.

 

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • AndyOrch changed the title to Lowell claimform - OHs Vanquis Claim Form***Settled by Tomlin Order***

It didn't seem worth the risk.  The previous page referred to the 'enclosed default notice' so it may have gone the same way as the other case referred to above.  We are much better off financially now so if I'm going to pay it anyway, it would be better without the CCJ.  This site and its members have successfully helped me with several others though so I'm still very grateful for that.

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