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    • 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 02/01/2023 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 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, 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.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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PRA Claimform - old Newday Marbles Credit Card Debt


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Posted (edited)

Various issues took eyes of the ball regarding debts, have now received a claim form

New Day - PRA Group. 

I'm struggling to upload a redacted copy of claim form, but will sort. 

I have drafted a letter and got £1.00 postal order to request a copy of Copy Credit Agreement, is there anything else I can do. 

Thanks in advance. 

Edited by dx100uk
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  • dx100uk changed the title to PRA Claimform - old Newday Credit Card Debt

i  have update the thread title

please copy and paste the Q&A to a msg box here

also please use PDF and UPLOAD not use online sites like onedrive as that has all your personal details showing and you dont want pra finding you here nor you harvesting our pers details

links removed from post 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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Name of the Claimant ?  PRA Group UK Portfolios LTD

Date of issue ? 22nd February 2024

How many defendant's  joint or self ?  Self

What is the claim for – 

1.The claimant claims the sum of £5300 for the outstanding debt owed.

2.On 16/11/2021 the defendant entered into an agreement with NewDay Ltd for a credit card under reference (19 numbers).

3.On  25/05/2023 the Defendant defaulted on the agreement with an outstanding balance of £5300.

4.On 21/06/2023 the debt of £5300 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd

5.0n 30/12/2023.Notices of assignment were sent to the Defendant in accordance with S136 Law and Property Act 1925.

6.The Claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf

AND THE CLAIMANT CLAIMS 1. The sum of £5300

What is the total value of the claim?  £5800 (Inc court fee and legal representatives costs of£100)

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Had a letter before claim dated 27th November, told to respond before 01/01/2024 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

Did you inform the claimant of your change of address? N/A

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 April 2007 ? 16/11/2021

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

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Showing as defaulted

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

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. debt Purchaser

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes had one dates 23rd April 2023 

Why did you cease payments? Couldn’t afford them due to interest increase, cost of living and loss of income from self employment

What was the date of your last payment? 7th February 2023

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? Contacted MBNA my largest debt initially after they had increased the interest on my account to such a level that I couldn’t afford to pay it, they referred me onto PayPlan started the application contacted all my creditors to tell them I was sorting out an IVA. Did some further  research and came across this site and was advised to do own payment plan

 

Anyone ? 

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Tells you every stage of the process in the link you have already completed. Come back when you are ready to submit your 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 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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pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.

 then log in to the bulk court 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 the website
..
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]
...
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.
.use our other CPR letter if the claim is for an OD or Telecom Debt or Util 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]

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


 

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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  • 4 weeks later...

Documents finally arrived today from PRA group. 

New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature. 

This debt is not too old, so possible this is the true copy of agreement ? 

Not sure what my defence would be beyond irresponsible lending. 

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you need to urgently test if MCOL will allow you to file a defence on this one too..:frusty:

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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It letting me input text onto the defence section ? 

I am aware I have messed up here, but both claims only arrived at the end of February. 

I might add I've also noticed when i've been copying and redacting info from this documents that the credit agreement that looks like its been printed directly from a computer screen has (starts at page 15) the date April 2021 at the bottom of every page . The credit agreement was taken out on November  2021. 

It also says personal info has been removed on it and that info is in the welcome letter,

there is another credit agreement with my name, address and IP as signature on it, not sure if that counts as the welcome letter ?

Postal order payment was returned for CCA request for New Day.

Copy of letter 

Request for information New Day.pdf

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please dont use hosting sites that want/harvest email/pers details.

ive removed it.

upload the PDF here 

you need to get on done TODAY and file a defence by 4pm.., we can give that but we need the PDf of what they have sent.

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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 there's 57 pages for new day 

2024-03-27 PRA Newday Claim Docs.pdf

I have just filed a defence as a no CCA agreement provided etc, copied from your site ,the defence is in before 4:00pm.

I've got no idea if what they have sent is a genuine copy of a CCA agreement for this account, even if it isn't hopefully it will buy me some time to negotiate a payment with them and stop the CCJ

This defence is filed and served without prejudice.....etc 

 

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hope you didnt file that..:frusty:

its from 2009 and a very old and useless utter twaddle embarrassed defence.

use one from THIS YEAR OR LAST...100's here.

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

also i dont know how you are doing you PDF's but they are huge!!

scan each page as a JPG picture

redact it

then use THE SITE LISTED IN UPLOAD

to convet jpg to PDF

then use the PDFmerge website.

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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  • dx100uk changed the title to PRA Claimform - old Newday Marbles Credit Card Debt

The free pdfcompressor is really buggy on my computer, it keeps telling me to download McAfee software. I had to unistall it to get rid of the prompt ? 

I was using Adobe to compress the files before, obviously not very successfully. 

I have rescanned the documents. 

2 separate ones, 

1. Has the letters, default notices in it. Named.

2. Has copies of the credit agreements they have sent me. Named

 

 

New Day Letters Default etc-compressed.pdf Copies of Credit Agreements Received-compressed.pdf

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which is why we say and list those online sites , you dont need to download anything!!

so you've filed that useless defence?

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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dont think so. you were over a week late as it is.

poss with this claim, it might be best to try and mediate a consent order when/if dq n180 happens before court.

they appear to have all the card.

NOA,DN,Agreement.

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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