Jump to content


  • Tweets

  • Posts

    • Your page numbers should run through your WX and exhibits so im concerned its page x of 9.
    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
    • UK travellers have been turned away at airports because their passports are not valid for EU travel.View the full article
    • i think theres been MORE than amble evidence of that and am astonished that criminal proceedings haven't begun.
    • Yep, those 'requirements' not met to shareholders satisfaction seem to me to be: 1. Not being allowed to increase customer bills by 40% (of which well over 50% of the new total would NOT be investment) 2. 1 plus regulators not agreeing to letting them do 'things in their own time (ie carry on regardless)
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like

MINT (old RBS Advanta card)


Dotty50
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5049 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi this is my OH's card and have recently sent I & E due to a drastic income reduction and offered pro-rata payments.

 

There initial response was that as the account was up to date they couldn't action anything but would monitor it and pass to collections in due course.

 

In the meantime I sent CCA request to see what they would produce.

 

Now had a default notice (a bit of a strange one IMO) but it seems that is the only way they can look at reduced payments.

 

Here are both responses, any thoughts appreciated.

CCA - with deletions.pdf

Edited by Dotty50
Link to post
Share on other sites

i make 14 working days + 4 days 2nd class post the 11th may

thats 27days exactly

so i think the dn is ok

but i think they must give an actual date dd/mm/yyyy not xx dats from this letter.

 

the CCA looks good to sadly.

 

wait for the termination notice

that can only state arrears not the full amount outstanding.

 

if they do term for the full amount i think you only have to then accept the term and pay te arrears only.

 

there are lots of good threads on the in/outs on a dn

 

use our search in the blue bar above

 

dx

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... 

Link to post
Share on other sites

Right, hopefully removed everything now!

 

I am not convinced that they have to issue a DN as it normally is a condition of any agreement that they can terminate the account at any time or remove the facility.

 

I may take this issue up with them as we had to stop payments in order to get a reduced payment arrangement agreed, so the CRA should reflect an arrangement, not a Default IMO.

 

Monument did with mine last year, simply stopped the facility and I keep paying until it is closed. (Fat chance of that with the amount of interest they keep adding!)

DEFAULT NOTICE - with deletions.pdf

Link to post
Share on other sites

  • 2 weeks later...

Just a point of interest re the CCA and T+C's which presumeably are on the reverse? Are these the ACTUAL t+c's? I wonder, because the size of the printed sheet would appear to be wider and taller than the copy of the CCA.

In addition in my opinion, the documents are not clearly legible!

Link to post
Share on other sites

Hi Griffin,

 

It's unlikely that these t & C's would have been on the reverse, as you say, they are two different sizes, the front is just about legible with some reading glasses but only a little clearer then the scanned copy that I have uploaded.

 

I guess that IF they had the original, the reverse would have been illegible, hence the made up copy they have supplied.

 

I must admit that Mint (so far) have been the most co-operative to deal with since sending in details of I & E and a proposal of payment, we have had no phone calls whatsoever. But then they want payment ultimately.

 

Will post any developments.

Link to post
Share on other sites

Had two letters today as follows

 

1 - Account termination, dated 5/5 - Full payment of your outstanding debt is now required within 14 days. However, I note that you have made a request to repay the debt with low monthly payments. As the suggested amount is less than the required 2.25% payment, after 14 days your account will be transferred to our debt recovery office. You will then be contacted regarding the outstanding balance, in particular your request to make payments below the required 2.25% of the balance each month. Asked for card to be returned. Stated that interest will accrue at the contract rate.

Your account will be reported to the CRA's as a Default if repayment proposals acceptable to us have not been made within 28 days etc.

 

2 - Thank you for you recent letter blah blah

Your proposals for repayment are unrealistic in view of the outstanding liability to the Bank. However, the Bank is prepared to grant you a temporary concession in respect of your cc repayments and to accept the sum of £XX per month, in part payment of your required monthly payment for a period of six months.

 

Payment required within 14 days of the letter (dated 5th but not got till today 13th!) and regularly each month thereafter.

 

Interest charges on the account will be temporarily waived 28 days from the date of the termination notice, for this six month period.

 

I would also add that the concession does not in any way alter the T & C's of your card agreement with us or the total monies owed.

 

Statements will continue showing your current outstanding balance (I assume this will reduce accordingly?)

 

Whilst the Bank has accepted your proposals for repayment in accordance with the above terms, the Bank does not regard these as satisfactory. As stated in the TN a default will now be registered.

 

NO further action will be taken providing paid as required.

 

 

I think this is a result and my OH will start payments as agreed. At least the amount will reduce, all be it slowly but more of an incentive if no interest being added.

Link to post
Share on other sites

Just a point of interest re the CCA and T+C's which presumeably are on the reverse? Are these the ACTUAL t+c's? I wonder, because the size of the printed sheet would appear to be wider and taller than the copy of the CCA.

In addition in my opinion, the documents are not clearly legible!

 

It is likely that pg4 (conditions of use) was on the reverse of p3 (agreement/form) and pg5 and pg6 are a seperate piece of paper, a tri fold terms and conditions.

 

Looks like a very old version of everything, maybe they have better quality copies on request - although not sure whether quality has been lost when sent from them or when scanning by OP.

Link to post
Share on other sites

spark911 - look at the size of pg4 - it is larger than pg3 so it is questionable if that is actually the case.

pg3 and pg4 are the same assumeably A4 portrait on my computer

pg5 and pg6 are assumeably A4 landscape?

Link to post
Share on other sites

These docs look like the dodgy ones that Mint sent me when I asked for CCA (after my SAR)... the details noting credit limit and interest rate are 'made-up' by Mint - it says so. Does not say Adsvanta does it? Mint have admitted to me they no longer have the original cca but that does not mean they have lost it and that the debt is clearly mine etc etc! They also admitted to ICO eventually - after one big struggle - thatthey have no Advanta details whatsoever - nothing. zilch. Had same documents as you from them to comply with my cca.

 

Basically I now have two examples of them stating they do not have the original cca but they still deny this fact. Mine has been passed onto yet another DCA and have not paid anything for almost 2 years.

 

I would suggest you try to find out if they have a true Advanta CCA or not by doing a SAR. They will most likely then say they do not have to provide copy of the document.. and you may well find out they do not even have statements for last 6 years either - and they should.

Link to post
Share on other sites

Hi,

 

Termination letter received dated 5th May, which I think is just in on the remedy date (unquoted on DN) which gave 17 days. DN was dated 14th April, sent 2nd class.

 

Have sent payment off to them as arranged but have asked them to justify their reasons for registering a default, in view of an agreed arrangement, which is what I believe should be registered with CRA's

Link to post
Share on other sites

  • 2 weeks later...

Just to update this thread, 1st payment made under the arrangement as interest frozen for 6 months. So will leave this for now and deal with more pressing ones.

 

If they do try and play hard ball further down the line, at least no-one can say we didn't try.

 

I questioned the information being given to CRA's and they disagree, stating they would be irresponsible if they didn't update customers files to reflect their inability to pay! Ah well, doesn't really matter at the end of the day and at the moment, they are the only ones getting any money as they, IMO have answered the letters sent and not just bombarded us with template letters.

 

Thanks for all the postings on here, will post any updates as and when.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...