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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Head honcho at MBNA is


EricTheRed
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Excellent. Do we have an email addy for this guy? Ive just sent an invoice to the individual( i am being really polite here )at A+L responsible for our A+L/MBNA card. If they are going to use my time up I expect them to pay for it. I will let viewers know of the outcome.

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Shane Flynn

MBNA Europe Bank Ltd

Chester Business Park

Wrexham Road

Chester

CH4 9FB

England

 

Tel: + 44 (0)1244 - 672251

Fax: + 44 (0)1244 673402

Email: [email protected]

 

 

 

Robin Russell - Chief Corporate Finance Officer

MBNA Europe Bank Ltd

Chester Business Park

Wrexham Road

Chester

CH4 9FB

England

 

Tel: + 44 (0)1244 - 672251

Fax: + 44 (0)1244 673402

Email: [email protected]

 

 

Donna Pumfrey - Solicitor

MBNA Europe Bank Ltd

Chester Buisness Park

Wrexham Road

Chester

CH4 9FB

England

 

Tel: + 44 (0)1244 672 002

Fax: + 44 (0)1244 672 044

Email: [email protected]

 

 

I suppose a letter to Donna Pumfrey to get her opinion on whether the charges are legal or not would be a good idea.

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i have been at loggerheads with mbna for months. shane flynn is no longer their ceo as he made £11m personally last year and has gone and left the company. The new guy in charge is michael rhodes whose email address is [email protected] . Oh and by the way, if you would like a telephone number direct to his office, you could try 01244 672040 and one of his right hand men or women will deal with your query. He also has voicemail on this number out of hours !

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  • 3 weeks later...

It would appear that the person dealing with Penalties at MBNA is-

 

Mr. Steve Bailey

Head of Customer Advocate Office

MBNA Europe Bank Limited

PO Box 1004

Chester Business Park

Chester

CH4 9WW

 

This is the person at MBNA who is signing the MBNA stock letter offering the "Goodwill" payments in respect of the Unfair penalties.

 

You might also like to send a copy of your complaint/ Request for the refund of charges to-

 

Customer Satisfaction Department

MBNA Europe Bank Ltd

same address as above

 

Thanks

angry cat

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  • 3 weeks later...

I just spoke to someone at the Customer Advocate Office and they said that becasue of the OFT saying that £12.00 was acceptable they are no longer going to pay the full amount of charges back to anyone.

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  • 2 weeks later...

I seem to remember the wording from the OFT was that they would not automatically deem a charge fair because it was £12 or lower. Stick to your guns and get it all back.

 

My offer was from Gareth Tunnicliffe, but the letter was from Steve Bailey.

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  • 4 weeks later...

Reply from DPA Letter addressed:

 

MBNA EBL

Customer Assistance Dept

PO Box 30

CHESTER

CH4 9FD

 

Gareth Tunnicliffe is the boy though, popular throughout most of these threads and I was advised to speak to him, sounds like MBNA are actually playing the game and sorting things out quite quickly!:shock:

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Just wondering if anyone knows when you are applying on MCOL, what address do you put for MBNA to take them to court?? With the banks you use your local branch's address.

 

Cheers

CG

HSBC - Default Judgement - £4892

HSBC, PA 29/3/06 LBA 12/04/06

HSBC, Court Claim Filed - 26/04/06

Lloyds - Claim - £625

Lloyds PA sent 16/05/06

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