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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
    • 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.
    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   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 ? After   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...) ? Yes, but amount differs slightly   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. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   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? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Penalties for not paying by direct debit


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i like your logic! lol

 

can I assume your mother does exist? if so then no doubt some expense and effort is incurred passing these funds around, however, if it is just some ink on a page and the same people sitting at the same desks or same electronic signal is sending the funds to their account then how is costing them £4.50 or £10 or whatever?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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The report said "Last March, Trading Standards described the charges as "outrageous" and "unjustified" but BT said it cost more to process non-direct debit payments and that those customers were also more likely to forget to pay."

I pay my bill, in cash, on time. But I have to pay this extra charge incase Joe Bloggs down the road pays late?? And the judge accepted this? :confused:

 

Why should I be penalised because other customers may pay late? I understand they are then subject to yet another fee, but you get my drift...:-D

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slightly off topic but contains an interesting remark

Broadband prices could soar as BT fights to charge higher line rental fees

16/04/2008

 

BT is currently tied to Ofcom’s Universal Service Obligation, which concerns "access" and "inclusion". Ofcom’s USO requires that BT make telephone line rental cheap and affordable for low income customers, and the abolishment of non-direct debit bill payment charges.

I am aware of the USO but must admit have never read it.

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I have - but the BT 'special' services like the 'Low User Rental Rebate' and ' Supportline' are all available and have never added additional fees for late payment or payment choice.

 

The BT price soaring is a red herring, as the USO does not include BB (never has) and those with the aforementioned discounted lines will find they are actually not allowed BB from BT or any other supplier (unless they have cable access).

 

BTs 21CN initiative is going to be the testing ground, as they have told OFCOM that the USO does not apply to this, and there is no way they are going to have their 21CN forced oin them as a USO, only to have to open it up to competitors, and in a way I agree with them.

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A woman took BT to court over the not paying by direct debit and lost - apparently, BT could prove that it costs them £4.50 (or what ever it is) to process payments

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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OK, so here's the Ofcom report detail:

 

"

Where non-direct debit charges are not obvious (and

so not part of the headline price) charges can be

assessed for fairness. This would mean that only direct

costs can be included. We do not consider this can include

additional costs relating to bad debt.

Where non-direct debit charges are obvious (and so

are part of the headline price)

it is competition, not regulation, which should

determine the level of the charges and ensure that they

are fair."

 

What a farce. How about "the price quoted is the price you pay" so that *all* headline pricing is available to everyone, which of course still offers the company the possibility of offering a discount for a specific payment method. But no, that would be waaaay too simple, and it would allow customers to easily compare prices.

 

So, Ofcom says the charges have to be fair and reflective.

 

Does that actually *mean* anything, or are Ofcom just a bunch of casual observers who produce reports?

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it was a bit more complicated than that and tbh BT didnt have to prove anything as she went about it the wrong way!

 

 

Oh, I see, really?? Hmm....well then, maybe we should try and do it the right way? :) Give me a PM to discuss if you like?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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I've had an offer (need your help now!), and you are welcome to review my original PoC, though it would be fair to note that there were late fees included meaning the claim as a whole was more likely to succeed.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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How do we get onto the "light user" or the "stay in touch" schemes - I've searched the BT site, but apart from a throwaway line about their existence I can't track down any more about them.

 

I believe (could be wrong though) that these schemes are no longer available to new customers since the arrival of 'BT Basic', which is their new 'social responsibility' tariff....

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Finally got a response from the Irish Consumer Council over the outlawing of charging dissimilar amounts depending on the payment method used. As noted earlier, and on their website;

 

Credit card surcharges to be outlawed

 

this was to be outlawed from 1st May last year as part of the Consumer Protection Bill (2007). The Agency tells me that due to representations from commercial interests, this section of the Bill was dropped pending a formal consultation from all interested parties. This has NOT as yet taken place, and as such now remains with the country's government department for these issues. (Department of Enterprise Trade & Employment). I've put a call in to see what the status is - and whether this wan be retro-fitted to the existing Act, or required a new Bill - effectively starting from scratch.

 

UPDATE:

 

DETE - Minister Martin seek views on proposal to prohibit ‘credit card payment surcharges’

 

and the consultation;

 

http://www.entemp.ie/publications/commerce/2007/consultationpaper48&49Aug07.pdf

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Does anyone know which bank BT banks with?

Andrew

ASI Industries = As i in does tries!

 

As i in does tries!: My definition.

I will try, i may never succeed in the goal, but at least by trying i have a greater chance of success than never trying at all!

 My opinions are my own & occasionally may offend, but it is not my intention to cause offence in the first place!

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Hi Raymond, so thats Hong kong & Shanghai Banking Corporation (HSBC)!?

Andrew

ASI Industries = As i in does tries!

 

As i in does tries!: My definition.

I will try, i may never succeed in the goal, but at least by trying i have a greater chance of success than never trying at all!

 My opinions are my own & occasionally may offend, but it is not my intention to cause offence in the first place!

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Barclays, even better, did you know that it costs BT & Virgin Media 15p (at standard corporate fees) to receive each and every automated transaction including Direct Debits, Transcash, BACS, CHAPS!

 

However those standard corporate fees could be negotiated right down to zero with the turnover that either BT or Virgin Media have.

 

Go to Barclays main site, click commercial +20m: click Trade & cash solutions, scroll to bottom of page, second last item on left hand side is Our Charges click on that, then download the Barclays Business tariff.pdf.

 

This is only part of the research that has been ongoing for the last year or so.

Andrew

ASI Industries = As i in does tries!

 

As i in does tries!: My definition.

I will try, i may never succeed in the goal, but at least by trying i have a greater chance of success than never trying at all!

 My opinions are my own & occasionally may offend, but it is not my intention to cause offence in the first place!

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In the content of an email I sent BT about several things, I maentioned the penalty charges for non DD payment, the actual response was

(quote)

"With regard tp paying with the BT Card, the only charge would be the Direct Debit Charge as you will not be paying by Direct Debit. As BT payment method is by Direct Debit, if you do not pay the full amount on time then you will be charged|Direct Debit Penalty Charge and the non payment penalty charge"

 

So there we are, I make no apologies for the grammar, but its official , BT do regard the charge made for NOT paying by direct debit as a penalty

 

So if your account was in credit at a bill time, and the amount covered this bill you would be charged £4.50 Sounds like theft to me !

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Barclays, even better, did you know that it costs BT & Virgin Media 15p (at standard corporate fees) to receive each and every automated transaction including Direct Debits, Transcash, BACS, CHAPS!

 

However those standard corporate fees could be negotiated right down to zero with the turnover that either BT or Virgin Media have.

 

Go to Barclays main site, click commercial +20m: click Trade & cash solutions, scroll to bottom of page, second last item on left hand side is Our Charges click on that, then download the Barclays Business tariff.pdf.

 

This is only part of the research that has been ongoing for the last year or so.

 

I doubt the fee would go down to zero. But then I doubt the fee is actually much more than 0.01 per transaction thanks to turnover.

 

Actually it seems that the penalty charge for non-DD payment is £12 per quarter. It works this way:

 

Day 1 - bill arrives, dated 7 days ago

Day 3 - payment due date

Day 6 - late payment reminder letter

Day 10 - £7.50 late payment fee

 

This quarter we paid within 2 weeks of receipt of the bill (it's logistically almost impossible for a BACS payment to get there by the due date, even if paid immediately on receipt) and got the "we're adding the late charge" letter, which of course we won't be paying.

 

We're sorting out a new line now and just waiting for BT to terminate the contract themselves by cutting us off.

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I received my bill on Friday, the deadline was Saturday. Apparently took two weeks to arrive...

 

Perhaps it would be worthwhile setting up a new thread for people to post the date of the bill, and when it actually arrived, so we can see how widespread this is...?

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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Virgin Media Billing - The Consumer Forums

My TW / VM billing history.

 

BACS Consumer / business Direct Debit FAQs

The true facts about D.D.

 

Barclays Business Banking : Our Charges

 

RBS | Business Current Account

Note the Free automated tariff (basically an internet based account).

 

As for the mail that is late i have done quite a bit of research already and know possibly what is happening, but i am not yet ready to break the story as i still need to confirm a few basic facts.

 

AnimalMagic, remember that you have 7 Bank Days starting from the day after you receive your bill if paying by other means and 10 BD for D.D, also have a look at BT's T&C's about defining the date you must pay by, RBS it means "payment will be backdated to the day you paid it", HBOS it means "payment must be paid at least 3 BD before the due date"!

 

Mark_Blackpool, spare a thought for us poor VM users at £5 per month regardless and when we get a red invoice it automatically adds a £10 late fee, at least for me the late fee is unenforceable as i pay 1 month in advance at their standard terms.

Andrew

ASI Industries = As i in does tries!

 

As i in does tries!: My definition.

I will try, i may never succeed in the goal, but at least by trying i have a greater chance of success than never trying at all!

 My opinions are my own & occasionally may offend, but it is not my intention to cause offence in the first place!

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The late fee may be unenforceable, but giving them an ongoing monthly paymenty in advance of the due date helps their overdraft, not yours. Ass to this the £5pm non DD fee that this doesn't stop, makes this of limited use.

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