Jump to content


  • Tweets

  • Posts

    • So, the two child benefit cap is going to (rightly or wrongly) be a big issue, with the care of kids undoubtedly taking second place to political point scoring  ... Some think that parents should be responsible for kids, and the state pay as little as possible else the parents will just use having kids (which they then neglect) as a means of income for them to spend on fags and booze. Some think that benefits should be effectively there for anyone whatever the circumstances.   So what do people think might be some sort of solution?   I think that both those stances are extremes,  and you can be sure of just a few things 1. Neither or any approach fits all affected. There are some who will abuse the system, just as there are some left in genuine desperate need. 2. None of its the kids fault, and how they are treated will have a large impact on our nations future.   So, despite the claims of 'it means only rich people can have kids' which is rubbish, I think the cap should stay. ... BUT that free school meals should be introduced for all state school kids:   Which would * ensure our nations children kids get fed at least one meal a day with the funds intended for that * be a significant incentive to go to school for the poorer kids at least - keeping many off the streets and away from bad company * almost certainly reduce problems and increase productivity in the classroom from irritable hungry kids (per stats)   Not a perfect solution by any means - but seems a positive move to me.    
    • and more positive change From next year, mobile phone, paid television and broadband companies must inform customers of any price rises at the point of sale. The changes, ordered by Ofcom, will come into force on 17 January and mean that any mid-contract price rises must be given “in pounds and pence” and in a “clear and comprehensible” way.   Taken a change of government to do it after years of bluster about it eh?   Mobile phone companies banned from hiking prices mid-contract based on inflation WWW.INDEPENDENT.CO.UK The new year plan ensures providers are transparent on prices at the point of sale  
    • Could he/ his partner set up a new internet bank account?  In his name ? It depends which country, I imagine. Most UK banks want proof of address and ID, probably more. If your friend/partner can use the house address and provide bills that could help. You would need to look at various online banks and see what their requirements are. Or there are expat accounts but I haven't looked closely at how they work. Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage) I'd have thought the DWP would pay to a new account, as long as the person they're authorised to deal with asks them and provides details. The international pensions people in Newcastle are pretty helpful.
    • HB - he has certainly given me a challenge ! I set a plan in motion. A refinance plan that would have enabled me to take time to sell one asset and sort out another for him.   The bank account blockage has hindered the plan.  His partner seems to think I can do everything w/o paying anyone for anything.  I don't mind helping - but it's not normal to clear out 2 properties, organize storage or sale of possessions, get properties ready for sale/ rent - w/o being paid.  He has the money to pay for things and services - and for my help - but the blockage prevents that. If the refinance plan could still be actioned then at least I would have some time to sell one asset.  Could he/ his partner set up a new internet bank account?  In his name ? Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage)
    • Unrest has claimed the lives of 32 people, after a policy on government jobs sparked mass protests.View the full article
  • 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
      • 162 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

Help & Advice required


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

Thread Locked

because no one has posted on it for the last 5965 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

:idea:

Pulled my head out the sand and just joined, spent time reading threads etc....hope i have posted in the correct place, and hope someone can guide me through the mess i am in.

 

Have other card/debts too, but got into financial 'doo doo' with a virgin C card, however it is obviously MBNA who funded it, that's who's been leaving threatening phone calls and sending those pink letters to me!!

 

I sent a letter (recorded) mid feb 08, no £10 payment included, requesting my statements, as a lot of debt is charges i know, and possible PPI, prob not even a correct agreement. They received and signed for my letter 18th feb. Just over a week later i received a letter dated 18th feb. Telling me my outstanding balance has now been sold to Equidebt Ltd-Equ, gives me equidebts contact details, phone.... tells me all enquires now regarding this account, including accurate balance information together with any future payments should be made directly to equidebt.

Signed by Mike Morrison.

 

Then late last week received letter from Equidebt, dated 27th feb, giving me formal notification that on 20th feb my MBNA account was assigned to them and they are now the legal owners (that mean they bought it?)

I must not make any further contact or payments to MBNA and to cancel any DD etc i may have set up with immediate effect.

 

They have given my 5 different ways to pay (that's nice!) and told me to contact them in the next 5 days to discuss repayment.

 

Apologies for the long post but needed to get it all down, i need my details & statements as i think it may well be unenforceable (i applied on-line in Jan 2006).

 

I smell a rat already because of the dates, i think MBNA sold out on me because they knew i was onto something with my request, i have proof when they signed for my letter 18th, but equidebt say's they bought it on 20th Feb what do you think? what should i do next????

 

Please help if you can, thay have made my life a complete misery (not unique) it appears with this low life company, i wanna kick butt!!

 

Thanks, hope it hasn't bored you!!

Link to post
Share on other sites

Firstly, cancel all payments to MBNA as tehy say.

 

MBNA are still rsponsible for sending statements from before the sale. So sendd them a proper S.A.R - (Subject Access Request) (ie quoting s7 of the DAta Protection Act 1998 ) with the £10. Don't specify just statements - tell them you want a copy of all information of which you are the subject (including statements).

 

Next send Equidebt a request under s78(1) of the Consumer Credit act 1974 for a copy of the executed agreement for the 'alleged debt'. Send them £1.

 

Equidebt have 12+2 days to comply with this request. If they don't comply in that time you may find this thread interesting/amusing/compelling

  • Haha 1

 

 

Link to post
Share on other sites

Ok, have posted SAR off to MBNA and made the other request to Equidebt, used postal orders as decided if i was paying money off accounts i'm pretty sure they'd accept a postal order, i think MBNA would accept blood!!

 

done registered post, now the waiting game, will keep posting on here with any news!

Link to post
Share on other sites

I'm chatting to myself now lol, anyway came across something interesting, my account numb is different on a lot of letters from MBNA, and also Equidebt has a slightly different account number on letter, i only have the 1 debt (with them!) so what does that mean??

 

thankyou!

Link to post
Share on other sites

Steven, i have another ?

I don't have a cheque book, will i be able to do postal order for the £10 and £1?? Thanks!

In fact postal orders are better as they don'ty have your signature on. I should have said, don't sign the CCA request letter - just print your name.
I'm chatting to myself now lol, anyway came across something interesting, my account numb is different on a lot of letters from MBNA, and also Equidebt has a slightly different account number on letter, i only have the 1 debt (with them!) so what does that mean??
THat they are incompetant? ;)

 

It will be interesting to see what numbers are on the stuff you get from your 2 requests.

 

 

Link to post
Share on other sites

Thanks, I didn't put sig on letters:) I am learning from reading threads on here!! Feels great, like an army on your side!

 

Is is 40 days (SAR) after they signed for letter, and 14 days for the CCA when they signed for it?

Link to post
Share on other sites

For SAR - 40 days from when they signed for the letter or when it was deemed to be recieved (2 days after posting first class)

 

For CCA -12 days from when they signed for the letter or when it was deemed to be recieved (2 days after posting first class)

 

 

Link to post
Share on other sites

Well, as above Equidebt signed for thier CCa on 4th March.

Just received letter off them dated 5th March as follows:

 

Creditor -Equidebt Ltd

Previous creditor - MBNA Europe bank Ltd

account - blah blah blah

Balance - blah blah blah

reference - blah blah blah

DEFAULT NOTICE IMPORTANT PLEASE READ

This notice served under the terms of the consumer credit act 1974.

according to our records you have defaulted on the following payment(s) which are detailed below:

 

Current arrears amount:£**** Date due for payment : 19th March 2008

 

Important i call blah blah........I have 14 days from this default Notice to clear the full outstanding arrears to prevent a default being recorded against my credit file.

 

Sorry to go on, can't scan letter so wanted to include it all (including the caps) i wasn't shouting!

So are they playing dirty now they've received my CCA request, and i don't get the arrears amount they say i defaulted on as it says they are due 19th march??????

 

Look forward to some opinions on this one???????????Thanks.

Link to post
Share on other sites

Do you think Equidebt are just trying to scare me??

 

Recently had a call, number retained asking for the home owner, very abrupt and slammed phone down when i said it was a rented place, i think someone's checking me out??

Link to post
Share on other sites

i think you just have to wait until the 12 days are up and see what Equidebt come up with. You could always write back tomorrow and remind tham of their obligations and that, if they don't come up with a valid CCA, then the default notice is unlawful. (contrary to s78(6) of the CCA 1974)

 

 

Link to post
Share on other sites

MBNA sent me this today dated 05th March:

 

Thankyou for contacting us. Your subject access request has been passed to me to respond to.

 

Under section 7 of the Data Protection Act 1998 as per your request for statement information, please find this information enclosed.

 

We have provided this information to you free of charge on this occasion.

 

signed Rachel Claridge, Assistant Vice president

 

Well all i have is a sheet of paper, my surname and account numb, they have just printed the late fee charges a few at £25. before it had to be reduced to £12, totals £242, in charges. Shows a few adjustments where they charged me, and no doubt under duress and being hassled i have paid so they show has being credited back.

 

So what next, they haven't returned my £10 postal order, this seems to be a crap excuse for a full list of statements etc............is this normal?

Whats my next move?:confused:

Thanks for any advice you can give me.

Link to post
Share on other sites

It is a real pity you arent able to scan the documents in, especially the default notice. Are you able to take a credible photograph of the paperwork and upload them for people to see.

 

You mentioned above that there were 2 numbers being used. MBNA use the 16 digit number which is across the card and they also issue an account number which is totally different which can be used when contacting them .

 

From what I understand, they are not allowed to default you or chase you for payment until they provide the proper documents you require.

 

Hopefully one of the people 'in the know' will be along shortly to help you. xx

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

MBNA sent me this today dated 05th March:

 

Thankyou for contacting us. Your subject access request has been passed to me to respond to.

 

Under section 7 of the Data Protection Act 1998 as per your request for statement information, please find this information enclosed.

 

We have provided this information to you free of charge on this occasion.

 

signed Rachel Claridge, Assistant Vice president

 

Well all i have is a sheet of paper, my surname and account numb, they have just printed the late fee charges a few at £25. before it had to be reduced to £12, totals £242, in charges. Shows a few adjustments where they charged me, and no doubt under duress and being hassled i have paid so they show has being credited back.

 

So what next, they haven't returned my £10 postal order, this seems to be a crap excuse for a full list of statements etc............is this normal?

Whats my next move?:confused:

Thanks for any advice you can give me.

 

If they havent returned your postal order then they havent provided the information free of charge and you want what you asked for. Are you able to tell if they have taken it off what they alledge you owe them ?.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hi, sorry for the delay (housework!!)

erm no way of knowing, they just gave me a printed A4 sheet with the dates/amounts they charged me, that's all. The debt was sold as soon as i started asking questions, which is why i think it's a duff non enforceable account? should i write another S.A.R telling them to use postal order they already have?

Link to post
Share on other sites

Coffeesupper.. I am bumping your thread. Someone in the know will pick up on it soon I should think :)

  • Haha 1

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hi, sorry for the delay (housework!!)

erm no way of knowing, they just gave me a printed A4 sheet with the dates/amounts they charged me, that's all. The debt was sold as soon as i started asking questions, which is why i think it's a duff non enforceable account? should i write another S.A.R telling them to use postal order they already have?

You could send the DPA non-compliance letter from the templates library
  • Haha 1

 

 

Link to post
Share on other sites

Hi, Coffeesupper,

 

The default notice that you have been sent is not legal because it contains charges. Your statement from MBNA proves the charges so also proves the default notice is not legal. This is definitely in your favour because a properly executed default notice has to be sent before legal proceedings can commence.

 

As for the agreement, it's looking good for you, in that they haven't produced anything so far that can be enforced by a court. If MBNA know the agreement is unenforceable, they wil drop it like a stone, to any bottom - feeding DCA that comes along, in this case 'Equidebt'.

 

Stick to your guns and don't let them intimidate you - YOU ARE IN THE RIGHT, not them!

 

BAE :)

  • Haha 1
Link to post
Share on other sites

You are very welcome. Thank you :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hello,

Just got in post waiting for me from Equidebt with regards to CCA :

 

Confirming my letter and £1 payment.

 

'' A request has been placed with our vendor for a copy of the Consumer Credit Act document'' the account has now been placed on hold until this matter has been resolved, no further collection activity will occur untill this matter is resolved.

So they have bought the debt without all the details it seems ( typical from reading various threads on here!), do they still have 12+2 days from my request to come up with a valid credit agreement?

 

Thanks for any answers;)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...