Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Thanks so much for ya advice ive been pulling my hair out since they rang friday didnt no where to turn to. going down to the bank 1st thing tuesday and wont speak to any one until its gone threw. sorry dont no how to reply to each message so just going to put it here. Ive had the hire car for 2 months and its a brand new aldi a4 (they gave me a like for like as mine was a bmw 320d). Had no other car to use and i care for my uncle and have been dropping parcels off to my grandma who cant leave the house so needed transport.  Nothings been said about personal injury i did go to the doctors to get some strong pain killers as my back was hurting was a 70 mph crash on the motorway. When the comany who hired the car rang they said the 3rd party haf new evidence involving the crash. 
    • It was Definitely via my debit card, I’ve tried to get hold of parent pay in several occasions, can only email them and no response, the reviews are saying that they don’t respond and are not issuing refunds probably.      i understand the pandemic is causing back log etc but I had an holiday in October and already that’s been sorted, the holiday in April was sorted, I know it’s a lot more for the school but we get no update other then it’s with the insurance 
    • In the current circumstances a wait of at least 2 months from date trip cancelled, before getting a refund is pretty likely.   The schools arranging these trips often use the same Insurance companies as hundreds of other schools arranging the trips around about the same time.   The school probably did'nt submit the Insurance claim until many weeks after the trip was cancelled, as the school admin staff may not have been at school due to the lockdown.  And the Insurance company will have had the same situation, with a lot more work being received with less staff to process it.   Of course you can complain to the school,  ask for details of when they submitted the Insurance claim and what timescales the Insurers have advised about settling claims, but I am not sure they will be able to clarify much. Worth trying though.   This pandemic has caught many organisation out. They just don't have the resources available to deal with so much at the same time and it is going to take months to complete all of the oustanding actions required.   Of course you can look into recovering the money, as suggested by my colleagues, but I have a feeling the school will say refunds depend on the Insurance company paying the claim.
    • Also, looking at their terms conditions very briefly https://www.parentpay.com/terms-and-conditions/  it seems to say that your funds are placed in an special holding account which is ring fenced. I have a look at the rest of the terms and conditions yet. Also, in terms of the chargeback – although a chargeback is basically voluntary – I don't understand why your bank is relying on the parent pay terms and conditions because there is a contract with you and not the bank. The bank is a third party and I don't understand why the bank feels obligated by a contract to which is not a party Did you actually pay by debit card rather than credit card?
    • I paid to parent pay by card I have tried going through my bank but They have said no due to parent pays terms and conditions, this is the banks response 
  • Our picks

    • View this quiz Employment status during COVID-19
      What do you do if you’ve been told not to come to work due to the current crisis.  Watch the video here or on the Youth Consumer Service Instagram page.

      Did you learn anything? Do the quiz
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 8 Category The Youth Consumer Service Submitted 15/05/20  
      • 0 replies
    • One Parking Solutions - Damning judgement. Read more at https://www.consumeractiongroup.co.uk/topic/421148-one-parking-solutions-damning-judgement/
        • Thanks
        • Like
      • 63 replies
    • View this quiz Coping with extreme hardship
      Life can be tough when you're entering the world of work and in the present virus crisis, things are even more difficult.

      Watch the video below or go to the Youth Consumer Service Instagram page . Afterwards, you can see if you've understood the points which are being made by taking the quiz.
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 8 Category The Youth Consumer Service Submitted 15/05/20  
      • 1 reply
    • View this quiz: Pre-pay meters
      An explanation of how some gas and electric companies offer emergency quarantine support.

       
      Watch the video here – or go to the Youth Consumer Service Instagram page and watch it there. Then come back here and do the quiz
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 6 Category The Youth Consumer Service Submitted 15/05/20  
      • 1 reply
style="text-align:center;"> Please note that this topic has not had any new posts for the last 436 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Thanks for your thoughts shamrocker. Note that they did previously offer me a full an final discount of about 20% which was ignored.

I'm going to submit the defence. If I do offer a full and final, when would be the best timing to do that?

 

Definitely submit a defence.

This is what will make them take note of potential work and costs to take this forward.

Don't submit the defence until you post it here first for feedback.

 

The timing is up to you, but I'd suggest that Mediation stage is the first opportunity to try them with something.

After that, I'd personally leave it until about three weeks before witness statements are supposed to be submitted.

 

You're looking to make them take a commercial view of it, so hit them before they've started working on the case properly, but at a time where they're mindful that work will have to be done pretty soon (and costs incurred).

 

They'll also be aware of your challenge on any default charges, which will erode their claim further.

It's just a case of making them question the worth of taking it all the way.

Others will advise differently, but the above is aimed at obtaining maximum gain for least amount of effort.

 

That said, they still need to comply in respect of serving a valid DN.

 

You'll probably not know much about this until they serve their WS,

by which time it may no longer be the best time to negotiate the best deal,

and you'll also have to go through the hassle of writing a WS yourself.

 

They might even trip up at that stage.

All ifs and buts.

 

It's a bit like a game of poker in some ways

- and you just need to decide on how best to play your hand.

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

Happy new year all.

 

Could you please check over my proposed defence? Note some dates hidden/replaced with ***

 

 

Particulars of Claim (for reference only)

 

1. The claimant claims the sum of (£2700) for an outstanding debt owed. On (02/2008) the defendant entered into an agreement with MBNA Europe Bank Ltd. for a credit card under reference ---------.

 

2. On (04/2012) the defendant defaulted on the agreement with an outstanding balance of £8000.

 

3. On 06/2012 the debt of £7900 was assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Group (UK) Ltd on 12/2014. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.

 

4. Payments of £5200 were received up to (7/2017) and the claimant claims 1. The sum of £2700

 

 

Proposed Defence

 

1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out his case below and relies on Civil Procedure Rule 16.5 (3) in relation to any allegation to which a specific response has not been made.

 

2.Paragraph 1 is noted. I have 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 2 is denied. I do not recall the exact date or nature of any breach or service of a default notice pursuant to sec87(1) CCA1974. Therefore, I have sought clarity by way of a CPR 31.14 request sent signed for on **** and showed as received and signed for at the Claimant’s address on ****. The Claimant has yet to comply with my request. The Claimant in their non-compliance with my request has frustrated my attempts to clarify their claim and their non-compliance with pre-action protocol should be considered when the question of costs arises.

 

4. Paragraph 3 is denied. I am not aware of any legal assignment to Aktiv Kapital Portfolio AS in 2012 or Notice of Assignment to Aktiv Kapital Portfolio AS in 2012 pursuant to the Law and Property Act 1925 Section 136(1).

 

5. It is therefore at this time denied with regards to the Defendant owing any monies to the Claimant, and the Claimant is therefore 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 evidence of any breach and service of a Default Notice sec87(1) and subsequent Notices of Sums in Arrears sec86© 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.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant proves the allegation that the money is owed.

 

7. 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.

 

8. 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.

Edited by Andyorch
Tweaked points in red

Share this post


Link to post
Share on other sites

what about the cca?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

" The PRA group letter on the 12th said, that in response to my query (PAP form)

please find enclosed copy of statement of account from MBNA and a copy of the credit agreement (was an online application 2008) plus statements from the MBNA credit card (virgin). "

 

 

" The credit agreement copy sent to me was very brief with no signature etc. online application box ticked."


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 The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Yes that's right they responded to my CCA in the past and sent me a copy of the last 2 years worth of statements only (2011 to 2012) for virgin/MBNA, not all years, and a generic online application copy.

 

They also sent me recently a copy of a notice of assignment dated 2015 stating that my account was transferred to PRA.

Note that the Particulars of Claim state that my account was assigned to Aktiv Kapital in 2012 (not 2015).

I did not have any notice of that assignment.

So how do I know that PRA actually legally own the debt from 2012?

 

The concerns for my defence above are that:

 

Should I still include this point below, give that they PRA provided a copy of a generic online application and 2 years (only) of MBNA statements?

- or would there be a better defence for this

 

2.Paragraph 1 is noted. I have 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.

 

and is this defence point below valid given that they sent me notice of assignment to PRA group in 2015 but nothing regarding notice of assignment to Aktiv Kaptial in 2012 prior to that? Note that all assignments were requested in the PAP response.

 

4. Paragraph 3 is denied. I am not aware of any legal assignment to Aktiv Kapital Portfolio AS in 2012 or Notice of Assignment to Aktiv Kapital Portfolio AS in 2012 pursuant to the Law and Property Act 1925 Section 136(1).

Share this post


Link to post
Share on other sites

The assignment issue is still valid as you were not informed in 2012...they have to prove a legal assignment from MBNA to Aktiv...they refer to this in their pleadings.

 

With regards to the online application.....have you uploaded this...which post number ?


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 The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks Andy. Yes the PDF is in post #13 of this thread.

Share this post


Link to post
Share on other sites

T&Cs refer to a section 4...there isnt one disclosed.

 

Tick box to authenticate your signature unticked......I suspect this is a mish mash copy and paste and the only authentic part of the agreement is your tick box.

 

 

I have tweaked a few points in the defence above marked in red....rest is fine.

 

 

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 OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

That's great, thank you Andy.

 

Should I challenge the agreement in any way or leave the defence as is and only use the missing tick box and section 4 if it gets to the judge in the local country court as part of witness statements etc.

Share this post


Link to post
Share on other sites

Pretty much agree.... run with the above......you can elude to the reconstituted being incomplete and let then decipher whats missing in your witness statement...if it gets that far.


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 The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Is it best to submit my defence now ASAP or wait nearer to the 18th Jan to give PRA time to see if they respond to my CPR 31.14?

Share this post


Link to post
Share on other sites

as with other threads

it is better to wait.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

FYI, PRA have written stating they have received my defence and written to the court stating they intend to proceed with the claim. No dates yet.

Share this post


Link to post
Share on other sites

Allocation next stage .....await your N180 (Directions Questionnaire) and post here for further advice.

 

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 OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

N180 received today

Share this post


Link to post
Share on other sites

Use the following to complete on screen run 3 copies.(Court/Claimants Sol/File)

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

 

Yes to Mediation

Yes to small claims Track

State your local county court

1 Witness ...you

 

The rest is self explanatory.

 

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 OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks Andy but that link is not working?

Share this post


Link to post
Share on other sites

Fixed


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 The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

An update on this. N180s have been filed with the court, awaiting mediation. Not sure how long this usually takes to organise these days?

In the meantime, PRA have sent me a reconstituted default notice. With what look like a super imposed MBNA logo header on the default notice text. The word reconstituted added on top. They also supplied a 2012 letter of assignment to Aktiv Kapital (also looks fake to me) but the court might recognize it.

PRA have asked me to fill in a financial statement and make an affordable offer of repayment in the next 14 days otherwise they will continue to follow the court's directions.

Edited by torch1

Share this post


Link to post
Share on other sites

scan it up


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Let them continue to follow the courts directions...time for them to pay the hearing fee 😉


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 The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

how much would their hearing fee be?

I could only offer PRA £1 per month for life due to low part time salary and no assets. What documents does the court request when making the judgment on payment amount?

My family may be able to scrape together a F&F of an absolute maximum of 25% of the alleged debt to put this to bed. If so would that better now or at mediation given they don't want to pay the hearing fee.

Edited by torch1

Share this post


Link to post
Share on other sites

I think it would be helpful if you gave us more information. We need to know the whole story.

 


Share this post


Link to post
Share on other sites

£170.00 for claims up to £3K...I wouldnt worry about payment arrangements just yet...lets see if they proceed the full course


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 The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
8 minutes ago, BankFodder said:

I think it would be helpful if you gave us more information. We need to know the whole story.

 

Not sure what you want to know. I am working part time only due to illness and renting a room. Not in a good place financially.

Reconstituted Default notice is dated 2011.

Edited by torch1

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...