Jump to content


  • Tweets

  • Posts

    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
  • 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
      • 161 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
  • Recommended Topics

MBNA/Restons CCJ/ CO


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

Thread Locked

because no one has posted on it for the last 3465 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

I would send them a letter saying that PLEASE DO NOT CALL ME IN THE FUTURE - ALL CORRESPONDENCE WILL BE MADE IN WRITING - IF ANY CALLS ARE MADE TO ME THIS WILL BE CLASSED AS HARRASSMENT AND TREATED AS SUCH....

Link to post
Share on other sites

  • Replies 1.3k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Told Forrester that, as I have already sent that letter, he said I was fully aware of the facts that these are telephone banking accounts and they will ring me as many times as they like.

They are not bank accounts, they are credit card accounts and that was the first I had heard of them being telephone accounts.

Link to post
Share on other sites

Next time this silly person calls you,

 

Simply tell them i no longer wish to discuss this account by telephone and i request all correspondence in writing

 

then put the phone down,

 

thats all you need to do with them

Link to post
Share on other sites

Did you approach the FOS? I did and got fobbed off with the explanation that they're 'perfectly entitled to do this'. Bit pompous for someone who's supposed to be protecting the consumer - spoke to me as if I was a child. :mad:

 

I still think there's potential in exploring the use of this tactic as a penalty charge... what do you think?

Any ideas on the penalty charge route?

Edited by phatram
Link to post
Share on other sites

Phatram

 

Your agreement looks like it's been scanned and put through OCR (Optical Character Recognition) software. If this OCR stage is disabled (check your settings) you should be able to obtain just a 'straight' scan; and be able to closely reproduce the original image, including small print.

 

HTH

Mac

  • 04/04/07 - £104 exit fee refund - Portman BS
  • Halifax Current a/c 20yr (closed) - in progress - all 20 years statements recovered!
  • Halifax Platinum Card 15 yr - Court Action Commenced - all 15 years statements recovered!
  • A&L Current a/c - You're next..

Write to your MP and

COMPLAIN about the ANTI-CONSUMER way in which the OFT Test Case is being handled!

Link to post
Share on other sites

This arrived today. Also received phone call from MBNA asking what I wanted them to do. I asked for them to simply comply with my CCA request, and that I will no longer discuss this on the phone.

MBNA Europe Bank Limited

Customer Assistance Department PO Box 30 Chester CH4 9FD

05 December 2007MBNA Europe - Credit Cards, Insurance and Business Credit Cards

 

INTENTION TO COMMENCE LEGAL PROCEEDINGS

You have not responded to our previous communication.

If you do not contact our office within seven days on 0800 028 0685 so we can set a reduced repayment plan, we will recommend that our solicitors commence legal action. This may result in the following action:

• A County Court Judgment being registered against you, this may affect your ability to obtain

future credit, or, if you are a resident in Scotland, a sheriffs court decree is entered against you

future credit applications you make elsewhere could be affected

And then one of the following actions:

Your employer being ordered by the court to make deductions from your salary through an

Attachment of Earnings or, if you are resident in Scotland, an Earnings Arrestnient.

A Bailiff being instructed following the issue of a Warrant of Execution to place a levy and

recover goods that you own to the value of the amount to be recovered, or , if you are a resident

in Scotland, an officer of court being instructed to execute an attachment over goods that you

own to reclaim the value of outstandings, or , if you are a resident in Northern Ireland an

Enforcement Officer being instructed to serve an Order of Seizure on you

A Charge being placed on your property which could result in any available funds being

distributed to MBNA following the sale of your property, or if you are a resident in Scotland, an

DO NOT IGNORE this notice, contact us IMMEDIATELY.

Our specialists are available to assist you on 0800 028 0685 Monday to Thursday Sam to 9pm, Friday Sam to 7pm and Saturday 9am to 1pm.

Yours sincerely

 

Martin Supple

Head of Prc-litigation

TO MAKE A PAYMENT CALL 0800 028 0685 TO PAY WITH A DEBIT CARD.

Link to post
Share on other sites

I have had no further contact from MBNA until this arrived today.

MBNA Europe Bank Limited

Customer Assistance Department PO Box 30 Chester CH4 9FD

05 December 2007 MBNA Europe - Credit Cards, Insurance and Business Credit Cards

INTENTION TO COMMENCE LEGAL PROCEEDINGS

You have not responded to our previous communication.

If you do not contact our office within seven days on 0800 028 0685 so we can set a reduced repayment plan, we will recommend that our solicitors commence legal action. This may result in the following action:

• A County Court Judgment being registered against you, this may affect your ability to obtain

future credit, or, if you are a resident in Scotland, a sheriffs court decree is entered against you

future credit applications you make elsewhere could be affected

And then one of the following actions:

Your employer being ordered by the court to make deductions from your salary through an

Attachment of Earnings or, if you are resident in Scotland, an Earnings Arrestnient.

A Bailiff being instructed following the issue of a Warrant of Execution to place a levy and

recover goods that you own to the value of the amount to be recovered, or , if you are a resident

in Scotland, an officer of court being instructed to execute an attachment over goods that you

own to reclaim the value of outstandings, or , if you are a resident in Northern Ireland an

Enforcement Officer being instructed to serve an Order of Seizure on you

A Charge being placed on your property which could result in any available funds being

distributed to MBNA following the sale of your property, or if you are a resident in Scotland, an

DO NOT IGNORE this notice, contact us IMMEDIATELY.

Our specialists are available to assist you on 0800 028 0685 Monday to Thursday Sam to 9pm, Friday Sam to 7pm and Saturday 9am to 1pm.

Yours sincerely

Martin Supple

Head of Prc-litigation

TO MAKE A PAYMENT CALL 0800 028 0685 TO PAY WITH A DEBIT CARD.

I have written to them to say that they have not complied with my CCA request.

Link to post
Share on other sites

well, looks a pretty standard letter, im just a little concerned that we dont have a scan of the agreement they sent merely the text printed on the thread as its a little difficult to say catergoricaly that its unenforcable without being able to view the real thing minus the personal details etc. is there any way that someoen would be able to scan this doc so we can take a look at it?

 

 

regards

paul

Link to post
Share on other sites

I cant read it so I 've asked them to send a copy that is legible, when that arrives I will scan and post it.

Ignore that!!!

It should've been on my husbands thread !! Sorry.

 

They have yet to send me a copy of my agreement, everything they have sent I have scanned and posted on page 1 of this thread.

Link to post
Share on other sites

yeah its just the text format,thats my biggest worry. its better to look at a photobucket document than one using text

 

that said it doesnt appear from what you have is a credit agreement since your name and address is nowhere on it nor are there any signatures etc

 

as far as it goes, like i said its a standard letter so once the 12 working days plus the 30 days have expired, a call to trading standards is in order i think

 

if you do have access to a photo image scanner, it would be helpful if you could produce photo scans of what they send

 

 

regards

paul.

Link to post
Share on other sites

Now that MBNA have sent a letter stating that they intend to commence legal proceedings, why not send them Curlyben's excellent letter requesting full disclosure of documents under the CPR?

 

Since they are obliged to disclose any document that they intend to rely upon in Court, they will have to either produce a copy of the original agreement, or confirm that it does not exist, in which case they have provided you with your defence.

Link to post
Share on other sites

Account In Dispute

 

Dear xxxx,

 

I acknowledge receipt of your notice of intended legal action sent by your company on xx/xx 2007 which was received on xx/xx2007.

Please be aware that any proceedings will be extremely vigorously defended and that a counterclaim will be made against ** DCA **. I am unable to respond further at this time, since you have given me inadequate information to investigate the claim. Please note that under the Overriding Objectives, you have a duty to act reasonably at all times.

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter before action should have included the following information:

4.3 The claimant's letter should —

(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

(b) enclose copies of the essential documents which the claimant relies on;

© ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

(For many claims, a normal reasonable period for a full response may be one month.)

(d) state whether court proceedings will be issued if the full response is not received within the stated period;

(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

(g) draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.

I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers

to force all parties to comply with the practice direction.

I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim.

To enable me to investigate this claim I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

If you fail to disclose this information, I may apply to the court under Part 18 and part 31 of the civil procedure rules.

I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

 

Request for disclosure;

I request that you send me information vital to investigating your claims, including:

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual

intervention in relation to my account formerly held with ** CREDITOR **.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you will seek to rely upon in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

Please note, I will respond to your claim in full within 14 days of your providing this information. I must advise you that if the information is not forthcoming, or if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity to settle this matter amicably.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

Yours Faithfully,

 

 

allow me :)

 

 

thats the letter which i believe SP is referring to

Link to post
Share on other sites

This has just arrived.

 

 

 

 

Abbey credit card

PO Box 30

Chester Business Park

Chester CH49FD

Telephone: 08000 683 558

 

 

 

05 December 2007

Dear Mr xxxxxxx

INTENTION TO COMMENCE LEGAL PROCEEDINGS

You have not responded to our previous communication.

If you do not contact our office within seven days on 0800 068 3558 so we can set a reduced repayment plan, we will recommend that our solicitors commence legal action. This may result in the following action:

A County Court Judgment being registered against you, this may affect your ability

to obtain future credit, or, if you are a resident in Scotland, a sheriff's court decree

is entered against you future credit applications you make elsewhere could be

affected.

And then one of the following actions:

Your employer being ordered by the court to make deductions from your salary

through an Attachment of Earnings or, if you are resident in Scotland, an Earnings

Arrestment.

A Bailiff being instructed following the issue of a Warrant of Execution to place a

levy and recover goods that you own to the value of the amount to be recovered, or,

if you are a resident in Scotland, an officer of court being instructed to execute an

attachment over goods that you own to reclaim the value of outstandings, or, if you

are a resident in Northern Ireland an Enforcement Officer being instructed to serve

an Order of Seizure on you

« A Charge being placed on your property which could result in any available funds being distributed to us following the sale of your property, or if you are a resident in Scotland, an inhibition being placed on your property.

DO NOT IGNORE this notice, contact us IMMEDIATELY.

Our specialists are available to assist you on 0800 068 3558 Monday to Thursday Sam to 9pm, Friday 8am to 7pm and Saturday 9am to 1pm.

Yours sincerely

 

Martin Supple Head of Pre-litigation

TO MAKE A PAYMENT CALL 0800 068 3558 TO PAY WITH A DEBIT CARD.

The Abbey credit card is issued by MBNA Europe Bank Limited.

MBNA Europe Bank Limited is authorised and regulated in the UK by the Financial Services Authority and subscribes to The Banking Code. Registered Office: MBNA Europe Bank Limited, Stansfield House, Chester Business Park, Chester CH4 9QQ. Registered in England Number 2783251. Abbey is a registered trademark of Abbey National pic. To improve the quality of our service, we will monitor or record some phone calls.

 

MBNA595V01/05

Link to post
Share on other sites

Already done that but they seem to ignore such things.

I am doing all this to be as awkward as possible after they put up my VIRGIN card interest rate to 34.9%. I am checking they have done everything properly and intend to cause them as many problems as I can.

This rate rise only happened after I successfully claimed back charges last year.

http://www.consumeractiongroup.co.uk/forum/mbna/111016-mbna-virgin-credit-card.html

I am fuming about this, its just a rip off.

Since my last victory against them, there have been a few late charges on my account so my next trick is a new SAR and also fighting the amount they say I owe them.

Link to post
Share on other sites

Oh thats the letter alright l remember it being posted on my droyds thread.

 

I think that is why they are ignoring me.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...