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    • I'm sending back to plea guilty and not appear in court. Nothing to add really. Then complete the form where it ask for my finances, monthly income, employment status and monthly out goings.  
    • What we need to see is all the original paperwork  That would include the pre contract information and the original HP Agreement  Post it up and I will have a good look over it at the weekend  It really hangs on the wording as to whether it’s a scrapage adjustment /discount on the price of the car( that is how some schemes worked) Every manufacturer had their own version  Have you sent VW a SAR?
    • Wrong as usual Jugg    Did Michael Cohen Commit Perjury In The Trump Trial? WWW.ZEROHEDGE.COM ZeroHedge - On a long enough timeline, the survival rate for everyone drops to zero Michael Cohen. He still has one day of cross examination ahead of him on Thursday. With the government resting after Cohen’s cross examination, I believe that an honest judge would have no alternative but to grant a motion for a directed verdict and end the case before it goes to the jury. Judge Juan Merchan will now have to give the full measure of his commitment to the rule of law. Given the failure to support the elements of any crime or even to establish the falsity of recording payments as legal expenses, this trial seemed to stumble through the motions of a trial. Michael Cohen was only the final proof of a raw political exercise. For critics, some of Cohen’s answers appear clearly false or misleading. Like their star witness, the prosecutors have shown that they simply do not take the law very seriously when there is an advantage to be taken.
    • So to sum up. 1.  You & your friend did the right thing on 28 December and are in the right legally. 2.  You are in the early stages of the threatening letter cycle.  We've seen these letters quite literally over 10,000 times.  For the moment your friend has nothing to worry about. 3.  No-one will turn up at your friend's door. 4.  If months down the line this got to court, you would win.  It's blatant disability discrimination.  Some time back I looked through the results of Excel v Caggers court cases, well we won 85% of the time, and you would be 100& certain to win. But this is the bit that you won't like ... 5.  Excel don't care that they are legally in the wrong.  They want your money.  They will go on and on with their letters hoping you'll give in. 6.  They are also the most litigious of the private parking companies and it's perfectly possible, months hence, that they will take your friend to court.  You have to be prepared for this.  They would lose.  But they don't care about the losses since, sadly, presumably so many people are afraid of court and so give in and pay.  7.  We will of course support you all the way!
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CCA REQUEST TO MBNA my journey by Maz


angel_1
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Hope you can folow these sums???

 

sparkie

 

If a default charge is added to the balance of say £25

The first month interest compounded would be £2025 plus 2% ===£40.50... ..==£2065.50 next month

£2065.50 plus 2% ==£41.31 ====£2106.81 the Act says that simple interest must be applied to the default sum of £25.

The creditor would have to show on your statement this calculation

Balance £2025 contract interest on £2000.………..£40.00 balance £2040

£25 Default charge interest at 2% ===0.50p Balance owing £2065.50.……. Next month it would have to show

Interest 2% 0n balance of £2040 ==£40.80 £2080.40 plus £25.50 ===£ 2105.50 plus 0.50 = £2106.00

 

Instead of £2106.81 people might say its only 81p extra ...not worth arguing about ….but this is only 1 month on one agreement but remember this increases every month and soon you would be paying £2 to £ 3 a month more than you should be.

Consider how much money a credit card bank makes on the thousands who are late…..10 thousand late payers in I month they have made £8000 more than they are legally entitled to

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hiya Sparkie

 

i can see what you are now saying, my head hurts though, but of course its like when you say save, you earn more interest on the compounded part, so interest on interest,

 

is my reasoning becoming a bit clearer, for myself, all i know is that if they have done this, of course the debt increases as months go, as interest is put on interest,

 

so something i must get clearer on, wont havemy pc for the next couple of days but will be back later in the week

 

many thanks def food for thought, i love learning all about this stuff,

 

thanks, done you a tickle...ciao for now maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hiya Sparkie

 

i can see what you are now saying, my head hurts though, but of course its like when you say save, you earn more interest on the compounded part, so interest on interest,

 

is my reasoning becoming a bit clearer, for myself, all i know is that if they have done this, of course the debt increases as months go, as interest is put on interest,

 

so something i must get clearer on, wont havemy pc for the next couple of days but will be back later in the week

 

many thanks def food for thought, i love learning all about this stuff,

 

thanks, done you a tickle...ciao for now maz

 

 

Cheers mate ....it is exactly what you say its interest upon interest ....but they can't apply it to default sums and that includes stuff they add on court claims as further default charges etc, and charge compiud interes on those... that now breaches the New CCA 2006 and would be considered unlawful

 

sparkie

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yeah it now kinda makes sense. May need to read it a few more times for it to make full sense.

 

Have a tickle for it tho.

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!!'.

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  • 4 weeks later...

Hiya Maz,

 

just to give you a heads up (since we seem to be on similar tracks), I got a threatening letter from Optima solicitors today, threatening a charging order and order of sale on my home - well merry christmas to them too:rolleyes:

 

Kind regards,

Underdog

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do they place charging orders on council propertys cause i want cap 1 to threten me with that.

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!!'.

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SPLAT - just landed!

 

Hi GM, I think they would have a job to get the council to cough up for you. Surely a charging order is taken on the property owned by the 'debtor' and I expect the 1st charge holder (mortgage co) would have to agree to it i.e. there would need to be some equity in da hose.

Comments welcome from any one who's had one of these imposed

 

H & H

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well iam in a council property and as a result of some debts that are unenforcable i am being told i will have a charge placed on the property i live in when i laughed and said good luck i was told this is no laughing matter you need to pay ur debts i advise it was a laughimg matter and continued laughing adviseing them that despite a cca request the OC has admitted no cca and as result they cant do anything which is trying to enforce a debt but in reality any type of court action is them enforcing the debt. I then hung up. I failed to tell them they cant place a charg on a house that does not belong to 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!!'.

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Gr8 GM

 

Good to keep an ace up ur sleeve!! ;)

 

The shock :eek: of sudden loss may make em think twice b4 takeing the next person to the cleaners.

 

like to see their faces when you tell them, can u record the conversation?

 

some answering machines have a call record.

 

Have a good day

 

H & H

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No cant record as i have only got a mobile but i am looking into recording equipment so i may be able to soon.

 

I will keep everyone updated as and when.

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!!'.

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No cant record as i have only got a mobile but i am looking into recording equipment so i may be able to soon.

 

I will keep everyone updated as and when.

 

You must have the software for the mobile phone, can't you download all your messages to your pc.:)

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yep i can but i cant download phone calls as i cant find the button to record whilest in a call.

 

i am sorting the recording problem out tho.

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!!'.

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  • 1 month later...

hiya all just a bit of update

 

i got a letter stating that they will sell my debt of one of my lower mbna cards if i dont contact them by the end of jan as they have tried to assist me in the past 6 months - what with the shoddy copies of the cca and then stopping me with my complaint and told me to go to fos, who i think wont do anything now ive read loads of threads

 

so my dilemma is now ask to view the copy of the cca agreement myself so i can sure they have a fully executed agreement,

 

or let them default me and sell the account on

 

or how if anything should i do right now ?

 

many thanks i feel time has come to take the bull by the horns on this one now

 

 

catch up laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hiya all just a bit of update

 

i got a letter stating that they will sell my debt of one of my lower mbna cards if i dont contact them by the end of jan as they have tried to assist me in the past 6 months - what with the shoddy copies of the cca and then stopping me with my complaint and told me to go to fos, who i think wont do anything now ive read loads of threads

 

so my dilemma is now ask to view the copy of the cca agreement myself so i can sure they have a fully executed agreement,

 

or let them default me and sell the account on

 

or how if anything should i do right now ?

 

many thanks i feel time has come to take the bull by the horns on this one now

 

 

catch up laters angel x

Hi Angel!

Yes it is not always easy to know what to do for the best.I am sure that they will not bee keen on you asking to see your original copy and cant imagine they will be setting up an appointment!:Dsome people trying that CPR31.16 thing but im a bit worried that once thats started you are sort of pushed into takeing court action thing against them if they dont comply. Though maybe a good idea to do and one i would certainly do if they started takeing any legal action against me'At moment i am doing a less formal thing with my crap one account and just sent an ordinary letter just simply requesting that i be allowed to view their original at their head office but not doing that legal cpr31,16 thing just making a simple request,It will be interesting to see what crap one response will be! Perhaps you could write a similar letter to MBNA! :grin:if it only winds them up and worries them its worth it and if they have got something to show you at least you know where you stand. But somehow i dont think a invitation will be winging its way to your address!:grin:but then it will be still worth it just to worry them:grin:and if they ever take things further at least you will show judge you tried to resolve matter without using court time by asking them to look at original CCA! but MBNA would not coperate!:grin:and then if it got to them seriously threatening to take you to court you would not have anything to loose by getting advice on here on how to hit them with a CPR13.16 request as well!:grin:to make them legally show you they have a properly executed CCA or to admit they have not!Perhaps we could make it an official outing for the mbna fan club! when MBNA set your appointment up!and we all come with you and have a little party outside their offices!:grin: luv from sunflower:)xxxx

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi, Subbing to this, as I'd be also interested to see the replies to your above questions angel_1.

 

Although I have received a cca from MBNA, its illegible (so small print), and terms and conditions on separate sheet, and its an application form. I'm also wondering wether to reply or just wait for them to sell it on.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/178139-taz11-mbna-enforceable.html

 

 

regards

 

Taz11

Edited by Taz11

Taz11 v NatWest/Triton: Unenforceable :D

Taz11 v BOS: Unenforceable :D

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Perhaps we could make it an official outing for the mbna fan club! when MBNA set your appointment up!and we all come with you and have a little party outside their offices!:grin:

 

Don't forget my invite :D

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Yes i will have to hurry up and get a request to view my MBNA alleged CCA as well !Perhaps i can arrange it on same day as Angels and we can view them together,:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Don't forget my invite :D

Hi AA99 and Undedog!

We will not forget your invites!LOL,I am looking forward to a day out in Chester!:Di will supply the wine.I am a bit dissapointed with Crap one as they dont seem to take up peoples requests for invites to see their alleged agreements they seem so confident they have!:Dso looks like i am going to be done out of a day out to view my Crap One one but i am sure MBNA will be more obliging!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Still waiting for MBNA to send my invite after I asked them if I could view my agreements at their office ! :D

Hi Cosalt!

Oh no! Dont say MBNA are going to do us out of an excuse to have a get a Cag together outside their offices as well as Crap One! I am dissapointed!:rolleyes:

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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  • 1 month later...

well a bit of a update

 

received a dn from them, i will try and post up tomorrow now

 

as id sent them a letter again only in writing and complained about calls

 

they have now sold my debt on, and this is the end of the matter as far as they are concerned and to go to fos

 

well i think that must be my priorty tomorrow

 

however, i hope anyone else has any other ideas, would appreciate it [b]The Front copy of cca is in post 94[/b]

 

off to bed now but be back bright and early in the morning

 

good nite all laters angel x

Edited by angel_1

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi AA99 and Undedog!

We will not forget your invites!LOL,I am looking forward to a day out in Chester!:Di will supply the wine.I am a bit dissapointed with Crap one as they dont seem to take up peoples requests for invites to see their alleged agreements they seem so confident they have!:Dso looks like i am going to be done out of a day out to view my Crap One one but i am sure MBNA will be more obliging!:D

 

That's very generous of you to supply the wine - you do realise I drink mine by the half gallon?;):lol: I suddenly sense my invitation being forgotten afterall, lol:D

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red wine or whiskey will be fine for me but i am fussy with both so will bring my own

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!!'.

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