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About theHotHead

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  1. Dicky, its not that easy though, I get calls from so many random numbers, some withheld numbers, land lines, mobiles and because I am self employed I MUST answer every call, I can't turn work away, I am struggling at the moment, so inevitably I answer a call from MBNA on a number that I don't recognise and usually ALWAYS when I answer the phone I greet the caller with my name as a sign of professionalism. So I can't just end the call as soon as I hear its MBNA, maybe I should but I don't have that character/personality in me to do that. I'd love to know why they are now bending over backw
  2. Thanks Haggis, I tried to read through a few cases but .... I didn't find out anything .. mostly because it seems the judge's comments and those of the legal teams seems to be in an entirely different English !!! How on earth do people learn to talk like that ?!!! Anyway .. I'm about to default, I've got the offer of a partial settlement on the table which I can't accept because I don't have the cash and they are also offering to put me on a payment scheme .. which prevents me getting a default which in all honesty I don't want because next year I'd be looking to buy a house. I'm st
  3. Merry christmas all and a splendid New Year for tomorrow !!! I've had a couple of phonecalls from MBNA asking for my decision regarding a partial settlement they offered of just under half the outstanding balance. I don't have the dosh right now, for peace of mind I would accept the offer to make the whole thing go away, so I did some research. A partial settlement seems to be a complete waste of time as there will still be notes on my credit file that affect me in an adverse way. In essence I am a month away from getting a default and it's been suggested by them that I pay a small a
  4. Otter - it's this greed which has thrust many of us into the situation we are in. I have no idea how my original credit limit of £5K shot up to £11K !!! I never asked for a higher limit. The bank's greed has created the credit crunch which has affected us all now, many of us not unwilling to pay our bills simply cannot - the banks have no problems in upping the interest rates to make things worse. Quick to raise them when the BoE do but slow to drop them when the BoE do ! Then WE pay yet again to bail out these greedy silly bankers with our taxpayer's money and we have cretins a
  5. Thanks Dicky !! I have noticed this, that people are worried about the judge thinking they are just trying to get out of a debt they don't want to pay but, isn't the law the law, I mean, irrespective of someone's motives, if an agreement is not enforceable by law then it isn't enforceable, surely the judge's job is to determine the legality of each case not the motive behind them. So what I want to know is can a judge dismiss a case based on someone's motives because ... that makes no sense to me, what does that have to do with the law ?!!!!
  6. I know the charges are extortionate, but I was trying to play Devil's Advocate. At the very best they could make the argument that they were out of pocket as a result of honouring a DD for me, fair enough. But sending me a letter telling me they cannot pay a DD and then charging me £38 is NOT justifiable in any way shape or form, unless they hired a champion racing Eagle or a Peregrine Falcon to deliver the letter to me with scones and a cup of tea from the Ritz !!! I did a rough check of my charges over the last 6 years and its around £3k, mostly when I was a student and most of tha
  7. Thanks for that Ida ... My head is about to explode now ... so much info to read. The jist of a lot of the cases I skimmed through were no cca produced or faulty DN served etc etc. I didn't actually find anything related to my scenario, I am not at the DN stage yet. I will try to read some more of the successes listed tomorrow.
  8. Thanks Scott. So this High court ruling, does that cover ALL claims, I mean, like I say, I'm not bothered that I got charged a hefty amount because the bank honoured a DD for me that took me over my allowed borrowing, but I am bothered that I won't be able to get back money for charges pertaining to DDs that the bank didn't even pay !
  9. Hello all. I'm not sure what is what regarding bank charges, I never really understood the entire argument. I requested my bank charges back from Nat West last year and my request was put on hold much like everyone else. But as far as I see there are 2 issues: 1) Fairness of unauthorised borrowing charges 2) Fairness of being charged for DDs/SOs that were not even honoured. The first issue I don't really have a problem with, granted being charged £38 everytime they honour a DD/SO that takes me over my agreed limit is a bit steep, but I can accept that. What I don't accept
  10. Dicky .... "do NOT mark the letter without prejudice", what does that mean ?? Thanks
  11. Hiya. Most of the successes that I looked at regarded bank charges not enforceability and the enforceability successes were down to companies not having CCAs etc, none of these scenarios matches mine. My CCA is pretty much missing the same conditions as the example at the end of the sticky thread that I linked to, so if anyone has an opinion on that example or if they have won/lost due to missing conditions in the Prescribed Terms, I would like to hear from you. Cheers.
  12. Hello all, I was just curious to know if anyone had actually won due to missing conditions referred to in the Prescribed Terms. There is a Sticky in this section called a guide to Enforceability I think, written by Steven, at the very bottom user pt2537 states that the example CCA was not properly executed and mentions conditions in the Prescribed Terms that were not present on the form: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html My CCA has 4 or 5 of these omissions and I was curious to know how strong a case I wou
  13. Good morning all. I recently had a call from MBNA telling me of an offer to settle the account as it stands to prevent any defaults or CCJs, I am looking for work and so I am unable to pay anything to anyone right now anyway, but the offer was for just under half of what is outstanding. To be honest I'd take that. Problem is ... like I say, I am not working and the dribs and drabs I am getting from doing bits and pieces for friends just about pays the mortgage alone and nothing else. Because of this I haven't signed as unemployed - because I do have some money coming in. What a
  14. Got my SAR back within the 40 days, had a look through it, there seems to be nothing additional that would constitute a properly executed agreement. I am getting messages to my mobile phone from hidden numbers, it comes up as "Please Read" and the message asks me to contact them. Also, they are sending me emails from random people@bankofamerica.com telling me to contact MBNA. These people are a joke ! As it stands I don't believe MBNA have a properly executed agreement, they are doing all sorts of sly things to get in contact with me. I placed the account in dispute and told the
  15. I got my SAR back, I am self employed but they have me down as working for a company, the company I was contracting with at the time. I must've given them that info for them to have it, but as I say, its incorrect - I was not employed, I was self employed. Is there much use in going ahead with a PPI claim ?? It would've been my responsibility to make sure they understood hat I was self employed I guess ...
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