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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and 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.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant 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 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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A+L Card Debt sold to LINK


The Phantom
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Fred, you need to ask them to provide you with a "true copy of the executed agreement", this letter is in the templates library, Letter N. They have 12 days to produce, after which they are in default. If they do not provide it after 30 days, they have committed an offence and it will be difficult for them to enforce the debt. It is important that you do not misconstrue an agreement for the application form that they will most likely send. It depends on the age of your debt.

 

I would not have a problem with going for charges, despite the arrangement you have, it will only reduce the debt which is good for you obviously! So my advice is to go for it. There are plenty on here who are on DMP's who have reclaimed charges so get going as and when you have the funds! Get your SAR out a.s.a.p. and don't forget contractual interest - it makes all the difference.

 

Have you started a thread? If not, do so, as we can all help with your specific case!

 

Hope this helps!

 

Regards,

 

Corn x:)

  • Haha 1

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Yes, there is a standard template letter in the templates section you can send them

(letter N) send recorded delivery !

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Include the statutory fee of £1.- and wait. They have initially 12 working days after receipt of your letter to send you the copy of the original agreement. If they fail they are in default and should stop enforcing the agreement (i.e. stop chasing you for any money) ,if this default situation continues for another 30 days thereafter they have committed an offence which can be reported to TS and the OFT, FSA and also the Ombudsman I think. The agreement can then also not be enforced, i.e. you don't have to make any payments. However, if they find the agreement at any time thereafter they can enforce again, provided the agreement meets the prescribed terms as per the CCA

There are some very exhaustive threads about that topic on the site

for example

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html

http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply.html

 

There is an abundance of information regarding this issue, take your time and have a good read

;)

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Well done N, far better than my post!!! xxx:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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I was too slow - you beat me to it whilst I was still typing and looking for the relevant threads to read and copying their links

But at least we have both given the same advice and information so it should not be confusing.

Nothing is worse than getting two different replies to ones question :p

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Many thanks for your help. I will start a new thread on this once I start taking action against MBNA which will be soon. I've already started against Lloyds and have started a thread.

 

I'm proceeding with caution because I want to get it right and I'm not in a position to send off an SAR to all of my creditors. This is different though, because the cost of the CCA is much less and it's intriguing because if they can't supply the relevant data then they're in the cack. I'm going to the post office tomorrow to get some postal orders. I have plenty of time on my hands so I will definitely pursue them (and the others) for contractual interest.

 

One more thing. What is the best method for sending mail if you need proof? I sent my Lloyds SAR by track and trace but so far there is no information on it even though that was over 4 weeks ago. I'm not bothered, I have the proof of posting, but I wondered if there is a better way than this.

 

Many thanks to everyone for their help.

 

Fred.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I paid by cheque - it hasn't been cashed yet.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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My first post. MBNA. Sent and asks for the CCA. They replied within the 12 day limit but, only sent me the 'application agreement'.

As I understand, I need to address this with a 'now failed to comply' notice. Is this correct?

Sorry to jump in but I have been following it seems hundreds of threads regarding CCA's etc...

As Fred/B, I have a DMP with the CCCA. Until recently their (sold) my debt to (Debt clear recoveries&investigations ltd) Whom I CCA'd but received a copy back from MBNA.

Do I now contact the CCCS asking them to suspend payments.

Please let me know of my next course of action.

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Hi,

 

I haven't actually received anything from MBNA so not sure what you received and what it looks like

Have a read of this thread

http://www.consumeractiongroup.co.uk/forum/mbna/72811-mbna-properly-executed-agreements.html

Knowing about MBNA what I do I think what you have been sent is most likely also just an application made to look like an agreement, but read through the above thread and if necessary post with info on what exactly they sent you so people can have a ponder about it

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Hi Phantom

 

Thanks. Click onto the above to confirm whether its just an application number.

Did receive today the second part to the agreement. All the C/C agreement regulations plus statement of 28/03/2007.

 

See what you can make of it.

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you should be able to edit your own post

 

click edit button in bottom right hand corner of the post and then delete the link to photobucket

 

you may then want to begin your own thread in the MBNA section so as not to avoid confusion - you'll have a better chance of people helping you with your own thread - as this thread belongs to The Phantom and their battle with MBNA

 

good luck

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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Good morning everyone

Have just had my mail and a letter from LINK saying they are now the current OWNER of the outstanding debt as MBNA has assigned it to them and they require the full amount immediately and any payments has to be made to them (not to MBNA)

They are advising me to take legal advice on this matter and / o phone them on *********

I will send them the CCA letter stating I do not acknowledge any debt to them (which I don't as they bought an unenforceable debt anyway)

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Good morning everyone

Have just had my mail and a letter from LINK saying they are now the current OWNER of the outstanding debt as MBNA has assigned it to them and they require the full amount immediately and any payments has to be made to them (not to MBNA)

They are advising me to take legal advice on this matter and / o phone them on *********

I will send them the CCA letter stating I do not acknowledge any debt to them (which I don't as they bought an unenforceable debt anyway)

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Good morning everyone

Have just had my mail and a letter from LINK saying they are now the current OWNER of the outstanding debt as MBNA has assigned it to them and they require the full amount immediately and any payments has to be made to them (not to MBNA)

They are advising me to take legal advice on this matter and / o phone them on *********

I will send them the CCA letter stating I do not acknowledge any debt to them (which I don't as they bought an unenforceable debt anyway)

 

Hi Nicole, yes do that, it has shut my DCA up for a while. Any news from MBNA? Am very much looking forward to seeing what they come up with to support the application form.:rolleyes:

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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HI i have only had a short aqainteance with link via Mbna. They wrote to me last year and I stated that i was still waiting for mbna to confirm that they were going to credit my account for their unlawfull charges. I havent heard anything since from them or mbna. If they keep persisting after this stand firm and throw everythingyou have at them.

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I am also still waiting for MBNA to refund approx £300.- in unlawful charges, but when I requested to see the original agreement they never sent it, so they rendered the agreement unenforceable and then had the nerve to simply sell it to Link. So will see if LINK can provide an original agreement if even the original creditor wasn't able to

I have no intention of making life easy for them in any way

:D

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Hi Nicole

You've got more than me from MBNA - I haven't heard a dickie bird from them since I sent my CCA request and then my CCA default letter - I think they're busy at Chester Towers.

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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I think they must be - the agreement became unenforceable 05.04.07 (12 + 30 days) , they sold it 10.04.07 to Link

I have informed TS which are supposed to look into it , but haven't heard anything from them either

To be honest, I don't even know what "complaint" MBNA's letter is referring to, I had so many issues with them:

- s85 non compliance (never heard anything from them with regards to it, and as they didn't deny it and I served them with a default notice, they must have accepted it :D

- CCA s77/78 defaulted after 42 days, letter sent to their legal department informing them payments would stop

- refund of unlawful charges of approx £300.-, they offered £75.- - I declined

nothing heard since

 

So their letter could be with regards to any or all of the above, it made no reference, so I haven't got a clue. Their promise to give me a full response within so many days is rubbish anyway, as that time has come and gone as well without any further correspondence

 

So I am concentrating on LINK now who have crept out of the woodwork and have sent them a CCA last week-end

 

I suppose they will reply with a standard letter telling me

a) they don't have to supply the original agreement as the original agreement was terminated by the original creditor

b) the fee for supplying it is £5.-

That is what other people have told me anyway, so I am waiting for that standard letter now ;)

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Got a letter from MBNA today regarding my charges claim.

They blah blah on about that I agreed to the terms and conditions and I am expected to adhere to them and on they go for about half a page, but then they say as a goodwill gesture they will be telling LINK to reduce the outstanding amount by another £192.- (with the previous refund they have allegedly credited to the account that would make the refund complete) However, as I haven't had a statement from MBNA for a while nor anything from LINK I don't know if they really refunded it or not.

They go on to say that they won't remove any defaults.

They have still not sent any agreement as requested and the debt is long unenforceable but they don't appear to care much about it.

Anyway, as I am dealing with LINK now and have CCA'd them I will leave MBNA for now and concentrate on the issue with LINK. As MBNA has defaulted and didn't produce the agreement I trust LINK won't come up with anything either and then they can shoulder the consequences of CCA non compliance.

They have so far not responded to my CCA request

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  • dx100uk changed the title to A+L MBNA in default ref SAR + CCA + s85 but selling debt anyway
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