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    • 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!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I have received a letter from Abbey saying that they cannot provide me with the info I asked for (SAR) because it is more than 6 years old, they have sent me some duplicate statements but they don't really show alot certainley not all the dates charges were applied on my account, so what do I do now? how can I claim charges if I don't know for sure how much and when they were charged???:confused:

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there is a thread somewhere where it states abbey have a/c details from 1920!!

i'd write again and remind them it is their duty to comply with your request by the specified timescale.

 

 

 

 

dx100uk;)

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 am having the same dilemma, a member on here also went to court and at the last minute abbey produced a peice of paper saying that they routinely destroyed things over 6 years old, trouble is, how can we prove that Abbey have them? They are stored by an external company called Ricoh, personally I cant understand why the judge just accepted this, there should be certificates of destruction, I would suggest you file a complaint with the information commissioner requesting certificates of destruction, it might take a few months but it might be worth it. Hope this helps

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I sent Abbey an SAR which they have not yet sent all the details, but today I received a statement from them showing that the outstanding balance had been written off, this is great but I have been paying this debt through a DMP to moorcroft for the past 2 years, so if Abbey have written it off will moorcroft still chase me for money? do I send Moorcroft a copy of the statement showing the debt written off? any advice would be great.:confused:

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well certainly i would not pay anyone anymore money on this debt.

but, does wriiten off, mean someone else has brought it, hence moorcroft.

what date was it written off?

if you have been payning mooorcroft money past this time, why and what for? get it back.

 

my thoughts lie with contacting moorcroft, tell them you want to know the opening balance they aquired from abbey then see if that corresponds with the abbey figure at write off. and what it stands at now.

 

i would not say you know it has been written off incase they try and pull a fast one.

 

my thoughts anyhow.

 

dx100uk: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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  • 3 weeks later...

I have received a statement from Abbey stating that the amount owing has been written off! am i able to reclaim any money I have already pay them through the Debt management company it went through?

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  • 3 months later...

I have today received SAR information, what do I do know to reclaim back lots of bank charges?

Abbey have already sold this account over to Moorcroft who are chasing me for the money, I wrote to M/C and enclosed my final bank statement from Abbey showing the balance at nil, they have written back saying that they are collecting on behalf of Abbey and it has to be paid, they have out my account on hold until 3rd Sept. What do I do know?:confused:

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Put in your claim with the court and let Moorcroft and Abbey know that you are indispute over this account and they will have to wait for the outcome. There are some good templates on this site (library) which should help.

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something really silly somewhere here.

you've been paying moorcroft for a debt that was written off by abbey.?

if that is the case, get it al back

seems like someone has been obtaining money under false pretences........

or in the words of the law .......... fraud!

 

go get 'em

 

dx100uk

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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don't forget you need to do a prelim & LBA before filing at court but you should still send the letter of dispute to MC & Abbey.

Can I just ask how far back the information you received went? your earlier post suggested it was further back than 6 years and ok, it took then 4 months to find it but worth waiting for....?

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