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    • Awesome. thanks for your very quick reply Dx! 
    • looks om to me  let andyotch check it over due by Friday 4pm.   any paperwork you hold , you keep to yourself! its for the fleecers to provide it all again now. but gives you something to compare their copy n paste too..   as for the assignment Hoist whatever is all the same DCA group, simply using diff names. nothing to do with cap1.  
    • a client is equally responsible for the actions of their dogs.    
    • Could someone review the defence I have prepared please?   please note I have got a copy of an old default notice from 2007, but have asked them to provide me with a copy, does this need to be taken into account on my defence statement? I don't have a copy of an assignment notice from Cap One to HPH2, just one from HPH2 to HFUH2L, but was HPH2 Cap One? If I have these 2 documents, but no original agreement can I still use this as a defence?    1. This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. 2. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. 3. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). 4. Written notice of the assignment has been given. 5. The Claimant claims 1. The sum of 294  2. Costs   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. Paragraph 1 is noted and it is accepted insofar that I have had financial dealings with Capital One Bank (Europe) Plc in the past, but I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant. On the 27th November 2019 (both sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request to Howard Cohen and Co. Solicitors and a Section 78 request to the Claimant Hoist Finance UK Holdings 2 Ltd to gain further details. Both have been signed for as received but the claimant has yet to comply.   3. Paragraph 2 is denied I am unaware of any service of a valid Default Notice pursuant to the consumer credit Act 1974   4. Paragraph 3 I am unaware of any alleged legal assignment or Notice of Assignment from the Claimant.   5. It is therefore denied the Defendant owing any monies to the Claimant, the Claimant must provide evidence of assignment/balance/breach requested by CPR 31.14, 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 nature of the breach and service of a valid default notice; (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;   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. 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.   8. 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.   Thanks, Molly,  
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Fred Bassett

Fred Bassett v MBNA

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I've never written to Wescot about this, at least not since Arrow took it over, but I did see them off when MBNA owned it. For the moment, I'm just going to play dumb and give Moorcroft the run around to see how heavy they get. So far on this account, I've seen off Iqor, AiG, Aegis and Wescot.


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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Was it in Alphabetical order ?

 

Aegis

AiG

Iqor

Wescot

 

Or did they perhaps just stick a pin in a list :lol:


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Was it in Alphabetical order ?

 

Aegis

AiG

Iqor

Wescot

 

Or did they perhaps just stick a pin in a list :lol:

I have had the exact same letter this morning. I paid for a company called Credit Clear 2 years ago to take care of the sar request etc. I did get a copy of my agreement and CC said it was unenforceable but they are now asking for more money to act for me on a even though

I was told would never have to pay anymore. I refused to pay again but now getting worried about this action.

The account was opened in 2000! What do you think I should do?

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I have had the exact same letter this morning. I paid for a company called Credit Clear 2 years ago to take care of the sar request etc. I did get a copy of my agreement and CC said it was unenforceable but they are now asking for more money to act for me on a even though

I was told would never have to pay anymore. I refused to pay again but now getting worried about this action.

The account was opened in 2000! What do you think I should do?

 

Best thing to do Mulberry is to start your own thread on this one - you'll get all the relevant advice.

 

Regards.

 

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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Was it in Alphabetical order ?

 

Aegis

AiG

Iqor

Wescot

 

Or did they perhaps just stick a pin in a list :lol:

 

Hmmmm.......

 

Mine went by:

 

Debt Clear Recovery & Investigations (MBNA)

Credit Solutions Ltd

Aegis

Restons

Wescot

 

and after some delay back to

 

Wescot - appointed by Global.

 

David

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So yours went D C A R W, or as we all prefer to put it, DCAs R W anchors!

 

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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Hi Fred,

 

Didn't see that!!! Pretty accurate though

 

david

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I've just had a letter from Debt Managers Ltd, when it was supposed to be Wescot, and, they're sending a doorstep collector all the way from Edinburgh!!


L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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There were a couple of famous bodysnatchers in Edinburgh, many years ago - Burke and Hare.

 

They'll be employing Burke, I expect.

 

Sam


All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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Got thread going about MBNA selling ours to Moorgate ! must have got the best deal as they have sent all letters and no probs atm as the amount is same as last statement from MBNA themselves and payment through dmp with no change requested :)

 

hope you all get sorted :)

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I've just had a letter from Debt Managers Ltd, when it was supposed to be Wescot, and, they're sending a doorstep collector all the way from Edinburgh!!

 

That's a long way to go for somebody to tell you to get stuffed.


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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When are they due to arrive Fred ? ( probs won`t though ) .

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If they're coming all the way down from Edinburgh Fred, just ask them to bring down some sliced sausage, white pudding, haggis, McIntyres morning rolls and clouty dumpling .................. ooops and some macaroon bars! :lol:

 

Impecunious! :-)

 

You can take the girl out of Edinburgh but ............................

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It's not me they're after, it's Windywoo. In reality, they would probably find some local lackey to do it and I bet whoever that turns out to be doesn't have their heart in it - and that's if it even happens at all.


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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It's not me they're after, it's Windywoo. In reality, they would probably find some local lackey to do it and I bet whoever that turns out to be doesn't have their heart in it - and that's if it even happens at all.

 

Can't wait!!:madgrin:


L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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Can't wait!!:madgrin:

 

Even from here I can tell that you're bricking it.


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've been getting a lot of letters from DCA, I went off the rails about 18 months ago after a breakdown. I went on some what a blur which i am not proud of!

 

I took a load of pay day loans, maxed credit cards, overdrafts loans. I would say over 10,000 in total - not all at once.

 

I got my self sorted out and after 6 months i tried contacting some of them offering payment plans, a total of 9 creditors which i could spare 200 a month.

Most of them wanted more and would not stop the interest so my payments wouldn't go anywhere. I said i'll got to CAB and they said fine.

After a month or so, i went through a debt relief company and they tried again they would not freeze anything and my payments would go no where.

 

I told them to stick it and i've returned most of the post unopened. All the way through this i have been doing some research. DCA don't have the power to do anything, they can send who ever they like to the house but again they can't do anything unless informed by law.

You can revoke any invite to your property so they can be done of trespassing.

 

The biggest find was debt being sold, they act on the law of property 1925. However, they still don't have a leg to stand on and they will keep pushing you to make a new agreement with them which is then legally binding.

 

In T&C's it does state that the creditor may pass your debt to a DCA to chase this... "pass" is the key word.

For credit consumer rights act, there is no agreement between you and the purchaser of the debt. no signed contract, this does not always have to be the case but you have never agreed anything with that company or companies, no T&C's and all 3 parties need to have an interest in the debt

\what you will find on your credit report is that the original debt has been paid so they no longer hold an interest in you.

 

I have a lot of letters i have already used, if anyone would like me to post them i will

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i've been getting a lot of letters from DCA, I went off the rails about 18 months ago after a breakdown. I went on some what a blur which i am not proud of!

 

I took a load of pay day loans, maxed credit cards, overdrafts loans. I would say over 10,000 in total - not all at once.

 

I got my self sorted out and after 6 months i tried contacting some of them offering payment plans, a total of 9 creditors which i could spare 200 a month.

Most of them wanted more and would not stop the interest so my payments wouldn't go anywhere. I said i'll got to CAB and they said fine.

After a month or so, i went through a debt relief company and they tried again they would not freeze anything and my payments would go no where.

 

I told them to stick it and i've returned most of the post unopened. All the way through this i have been doing some research. DCA don't have the power to do anything, they can send who ever they like to the house but again they can't do anything unless informed by law.

You can revoke any invite to your property so they can be done of trespassing.

 

The biggest find was debt being sold, they act on the law of property 1925. However, they still don't have a leg to stand on and they will keep pushing you to make a new agreement with them which is then legally binding.

 

In T&C's it does state that the creditor may pass your debt to a DCA to chase this... "pass" is the key word.

For credit consumer rights act, there is no agreement between you and the purchaser of the debt. no signed contract, this does not always have to be the case but you have never agreed anything with that company or companies, no T&C's and all 3 parties need to have an interest in the debt

\what you will find on your credit report is that the original debt has been paid so they no longer hold an interest in you.

 

I have a lot of letters i have already used, if anyone would like me to post them i will

 

A good summary Robbo95, I think also it would be a good idea to post up your letters as it could well be use to many.

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Hello robbo, This is very interesting and takes a bit of the sting and threat away, so there is every chance that stressed people may avoid a more serious illness!Yes please post any letters, Many thanks Ro

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I actually had a call from Moorcroft today. I couldn't believe it - mainly because it came through on my hub phone and I've never given that number out to anyone. I refused to go through the security questions, but I did think long enough to ask the woman on the other end of the 'phone "does this mean your call is valid even if not listened to by me"? She didn't have a clue what I was talking about.


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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does this mean your call is valid even if not listened to by me"? She didn't have a clue what I was talking about.

 

:lol: like it!


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So all things considered, my wife and i have been put at a huge loss over the years, by MBNA Stealing money from our accounts under the guise of PPI Now they have sold the resulting dept to moorgate, who have employed ( i gather ) Arden, who keep phoning and which we ignore! we are still paying MBNA the token payment they accepted, What advise in view of Robbo's post above would you give ? To keep paying MBNA and not enter into an agreement with Arden? We are a bit at a loss as to the best option, if we have one! We have yet to try and claim back PPI from MBNA, The damage they did by their irrisponsible behaviour has a huge knock on effect to any small business, yet this seems to be totally disregarded. Any advise please? i would have dearly liked to have seen copies of Robbo's letters, but he appears to not have been on line for sometime! regards Ro

Edited by ro284

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Ro, best advice to be honest would be to start a separate thread on this. There are plenty of people on the forum who could advise you on PPI. Unfortunately, I'm not one of them!

 

Regards.

 

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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Sorry to jump in your thread Fred. Regards Ro

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