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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?
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    • 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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Providian/Monument/Barclaycard payment break plan **WON +£11k from Barclaycard**


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spreadsheet

FOS CQ

and a covering letter

job done

 

 

dx

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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'ppi covering letter'

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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  • 10 months later...
Hi Colli52,

 

Congratulations on your success!!

 

I am also owed money from payment break plan, my credit card was Providian then Monument and now Barclays. I am interested to know what your original letter to them contained, did you include details of your employment at the time? Did you provide them with a figure of money owed to you? Did you send in the questionnaire? Or did you simply just ask them to look at your account?

 

Sorry for all the questions but I have been meaning to sort mine out for a long long time but still not sure how.

 

 

so how is you claim going

 

dx

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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Thanks dx,

 

I still haven't got round to submitting my claim yet, was just looking for some advice from someone that has succeeded with the same scenario, perhaps Colli52 could answer on my thread

 

Thanks in advance

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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

  • 2 years later...

Hi, I have had to rejoin under a new username - this is my original thread

 

 

 

to cut a very long story short, Barclays have sent me a cheque for

 

A. refund of all monthly payments made to payment break plan

B.  refund of interest charged on pbp and account fees

C. 8% statutory interest compensation

D. refund of fees incurred due to pbp

E. income tax deduction

 

whilst I am happy that they have upheld my complaint, I thought that I would receive compound interest.......the compound interest spreadsheet calculation was almost double the offer.

 

Does this sound right in your opinion? 

 

thanks in advance

 

Disco_V_rescue

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I would say so yes but ofcourse only in the years they charged it not running till today.

 

can you drop n drag you cisheet here

and did you do a statint sheet for the years int was not charged?

their explanation is correct

 

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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thank you for your reply, i have changed the date on the cisheets to 22/04/2015 which was the point that pbp was cancelled on the account, it still amounts to more than they have calculated.......

 

I haven't done a statint sheet

24012001-23092004 int 1.583 per month.xlsx 23102004-23122005 int 1.666 per month.xlsx 23012006-18092014 int 1.873 per month.xlsx 20102014-22042015 int 1.870 per month.xlsx

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i'm not really sure why you have 4 cisheets

use an avg of the differing APR's you use and ONE CISHEET.

 

you also indicate you were charged this PBP every month

so why are there monthly amounts missing ?

 

so what have they offered?
 

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

I originally did them individually for each time the interest rate had changed, I understand now I should have used average,

 

the missing months are statements I cannot find in my files and were not included in the sar

 

I've attached the offer - 

IMG_1577.JPG

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wow £11k that's a good win.

they got everything right

they used a known figure when unknown months existed.

 

it puzzles me why you think its lower than what you calc'd??

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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thanks,

my cisheets were previously dated to feb of this year,

so the calculation was showing much much higher,

 

you earlier corrected me that the date should have been the point that they stopped charging me so i changed it to apr 2015 and got down to nearer what they have offered.......

 

however with the date changed to apr 2015 the cisheets combined add up to £10,234.49, where they have calculated £7,405.95 (section B on offer photo)........

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ok you've misunderstood how to calc things...

 

you don't make numerous cisheet at differing APR rates reclaiming the same PBP payments at differing rates, then add them all together!

not sure where you got that from

 

under the FOS reclaim calculation guidelines on their site, which are here in numerous threads and the stickies of this PPI forum,

for each monthly PPI payment [and you have years of missing months in your sheet]- which is where they've done it correctly by estimating the missing months]

 

you are entitled too:

the refund of any interest the payment has attracted that was charged by the original creditor until that ceased

8% statutory int from any time whereby the original stopped their int until the day they settle.

 

what you should have done is:

worked out an avg int rate for all the years the original creditor charged it whereby you paid or had paid PPI in previous years

used an avg of nearby known PPI amounts to guestimate monthly PPI payments where you had no data.

 

enter EACH PPI PAYMENT individually on its date in our CISHEET,

put their avg APR in cell D15

set the claim to date to the last date the original creditor charged their interest

...that will give you the total the original creditor charged you for PPI and at their interest.

 

if the original creditor ceased charging interest for whatever reason before the date of your claim

you are entitled to 8% statutory interest from that date till they settle.

 

you take the total from the cisheet

pop it into our STATINT sheet on the day/date following  the 'claim to' date on the CISHEET

 

that's gives you your total reclaim figure

 

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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I shall mark this won

as for PBP which was a devil to get out monument in the past -- this is a very important win.

 

glad we could help

 

please consider making a donation to keep us here to help others as we helped you get £11k.

 

dx

 

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... 

Link to post
Share on other sites

  • dx100uk changed the title to Providian/Monument/Barclaycard payment break plan **WON +£11k from Barclaycard**

thank you dx, the new title looks good!!  😀😀😀😀

 

I will certainly be donating as soon as the cheque has cleared as your help was very much appreciated, proof that you don't need to go to these claims companies to succeed, there are people like yourself willing to help and advise, taking up a lot of your own time, sorry for all the questions but we got there in the end!!

 

p.s. I have a couple more to dig out before the deadline 😉

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