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    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in the clear. So you do not need to worry about is any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
    • Thanks so much dx. I really am grateful for your advice Billy  
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Link/Kearns claimform - RBS Credit Card 2


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What is the claim for –

 

1. The claimant C claims the whole of the outstanding balance due and payable under an agreement referenced (16digits) and opened effective from 06/03/08 . 

 

2. the agreement is regulated by the consumer credit act 1974 cca, as signed by the defendant and from which credit was extended to D

 

3. D failed to comply with a default notice served pursuant to s87 1) CCA and by 26/10/21 a default was recorded. 

 

4. As at 17/11/21  the defendant owed Bank of scotland plc the sum of £5021. 

 

5. By an agreement in writing the benefit of the debt has been legally assigned to C effective 17/12.21 and made regular upon C serving a notice of assignment to D shortly thereafter. 

 

And C claims -1. 5021. 

 2.interest pursuant to section 69 county courts act 1984 at a rate of 8% per annum from 17/11/21 to 07/0323 of 498 and thereafter at a daily rate of 1.06 to date of judgement or sooner payment date 07/03/23

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  • dx100uk changed the title to Link/Kearns claimform - RBS Credit Card 2

please answer the missing questions

 

please Which Court have you received the claim from ? Name County Court

 

MCOL Northampton N1 ?

Manual Claim CCMCC (Salford) ?

New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?

 

Name of the Claimant ? Give answer here

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here

 

Date Of AOS: Give answer here

 

Date of defence filing: Give answer here

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) 

if your defence filing date falls on a W/End, you must file by friday @4PM

please answers the missing questions

 

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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pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

.

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............


use link financials welch address

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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Which Court have you received the claim from ? County court business centre

 

Name of the Claimant ? Lc asset 2sarl

 

Date of issue –  07/03/23

 

Date Of AOS: cannot remember but was last day again

 

Date of defence filing: not done yet apparently have till 4pm tuesday because of bank holidays 

 

I read on here to defend these?

 

have not seen cpr letter yet so will read now

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there are 100's of card claimform threads here with our std holding/no paperwork defence.

 

use our enhanced google search box

claimform card

or 

link claimform card.

 

coming here so late in the process with 2 claims days away from filing date is not fair on our volunteers

we cant afford to nursemaid everyone. our time is free we dont get paid.

 

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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Thank you 

all not purposely chosen to be this way and I truly appreciate any direction.

 

appreciate I’m late but thats what I have been dealt with circumstances that be.

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just duplicate everything the same for your 2 claims.

 

time to put up your proposed defence here ...PDQ for checking!

 

..................

 

i see you've also not answered these for this thread:

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here
 

Did you inform the claimant of your change of address? Give answer here

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

When did you enter into the original agreement before or after April 2007 ? Give answer here
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here
 

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. Give answer here
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here
 

Did you receive a Default Notice from the original creditor? Give answer here
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here
 

Why did you cease payments? Give answer here
 

What was the date of your last payment? Give answer here
 

Was there a dispute with the original creditor that remains unresolved? Give answer here
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here
 

:

 

 

 

  • Like 1

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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as i said our enhanced google searchbox on this very same page 

link claimform card

 

clickme^^

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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  • AndyOrch changed the title to Link/Kearns claimform no 2 - RBS Credit Card

Defence due today by 16.00pm same as your other claim...Good Friday and Easter Mon have no relevance on the court dates.

 

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

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

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  • dx100uk changed the title to Link/Kearns claimform - RBS Credit Card 2
  • 3 months later...

Open

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open

 

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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Hi all

they have written to me regarding this account opened in 2008.

they have the signed agreement which is below 

default notices, notices of assignment and copy statements all sent to me and attached 

 

hali1.pdf

 

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what is the status of the claim on MCOL?

can we have everything they sent in relation to this debt in ONE MASS PDF.

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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Share on other sites

do not need statements.

 

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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Share on other sites

use pdf reducer and merge websites in upload put it all in one mass file

else we'll be here all day downloading single files

what is the claim status on mcol too please

 

and post up the defence you filed please too.

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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