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    • good idea take some pix and put them in a PDF read UPLOAD dx
    • thread title updated moved to overseas debt forum. sadly as they are outside any UK jurisdiction upon DCA rules which state in the UK they must not call employers, there not alot you can do to stop these scammers. make sure you totally make private ALL social media twitter/facebook/linked in etc etc as there no-way for them to findout where you work otherwise so you must have a leak somewhere. find it. your employer details arent even legally available to UK DCA's so how have they found it out to date???  simply write to the BANK informing them of your correct and current address ALWAYS!!. if you want to arrange payment or not TO THE BANK ONLY thats upto you. never ever ignore a Statutory Demand a Letter Of Claim a Court Claimform. if if if any of those ever happen. till then ignore and rewash. dx    
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    • Hello All,  I’m hoping someone can help me urgently here. Firstly, I’d like to say I have read multiple other threads and have some what an idea of what I should be doing, however my case might be slightly different so coming with my own questions here.    my situation is I lived in Dubai and had a credit card and a loan, loan with HSBC and credit card with Emirates (or the other way round), I lost my job and was forced to leave the country as I was staying in the country on my companies visa.    since coming back, after a few years 2 different debt collections agencies have been approaching me (one being IDRW and the other J&P). I’ve never answered IDRWW and they constantly chase me by calling and messaging me and my employer. My current company is ok with this as I explained the situation but I’m soon to be joining a new company who definitely won’t be ok with being messaged and called. I’m afraid to continue to ignore them as they may message and calm the new employer as they have before and I’ll lose my job. However, it seems clear from these forums that dealing with the debt collection agencies is never a good idea. You shouldn’t agree to the amount or pay anything.    j&p caught me on my phone but I still haven't sent them any money or confirmed the amount they’re saying is owed, they keep pushing to pay off the “principal” amount by making monthly payments, from reading these forums it seems like if I make one of those payments (they have provided bank details for ENBD), then it’ll just be paying off interest and not actually clearing the principle debt and the bank won’t even approve receipt of payment or that it’s coming off principle.    this is my predicament as ignoring them might not be an option if they chase my new employer. Maybe there’s a way to ensure the debt collection agency don’t contact my new employer?? I don’t know? Massively appreciate peoples help here. Thanks, 
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MBNA/Restons claimform - old A+L Card **WON+COSTS**


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She refers to the latest T&Cs - were the orignal T&Cs sent? These originals form part of the agreement and should have been supplied with the response to your s78 request. If they didn't then surely they haven't complied with your s78 request and therefore are prevented from enforcement?!

 

Never had the original t and c's only some of them as refered to in post 763.

 

They did give me a copy of current t and c's at hearing for strike out for them failing to comply with my requests.

judge allowed to them to give it to me but did make note in his order that i said they were not in right form nor in the form of original document.

order.jpg

 

As for S78 see letter from Restons. They say it has no application in this matter !!!

 

Test2.jpg

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Never had the original t and c's only some of them as refered to in post 763.

 

They did give me a copy of current t and c's at hearing for strike out for them failing to comply with my requests.

judge allowed to them to give it to me but did make note in his order that i said they were not in right form nor in the form of original document.

 

 

The T&Cs in post 763 refer to section 4 and 11a - section 4 and 11a aren't on those T&Cs, so it is refering you to another document - not allowed, must be in one document:)

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The T&Cs in post 763 refer to section 4 and 11a - section 4 and 11a aren't on those T&Cs, so it is refering you to another document - not allowed, must be in one document:)

 

Thats what i thought. It aint looking too good for them. Surely they will notice they havent got a leg to stand on !!!

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Thats what i thought. It aint looking too good for them. Surely they will notice they havent got a leg to stand on !!!

 

They probably already know - they just think if they keep barrelling on, you will cave in or the judge will believe their guff:rolleyes:

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Thats what i thought. It aint looking too good for them. Surely they will notice they havent got a leg to stand on !!!

 

Only when they fall on their b*m :-D

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BCOBS

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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

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Hi fb,

 

What a load of tosh Restons\MBNA have sent.

 

Another case of Restons trying to salvage something from the wreckage caused by MBNA's lax approach to paperwork.

 

There's still time for Restons to send another little WS just before the hearing...........probably 4 days before, but it will only contain more rubbish that can be shot down very easily.

 

Just try to stay relaxed and let Restons tie themselves in knots.

 

Have a great weekend.

 

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Did I read paragraph 3 of diannes statement correctly as she appears to confirm that there was no binding agreement ???

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Did I read paragraph 3 of diannes statement correctly as she appears to confirm that there was no binding agreement ???

 

I thought we were on to something there as well, Josie.. however, I think it has something to do with the reduced payment arrangement FB had entered into with MBNA . Of course, I could be seriously wrong:)

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

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Who agrees that MBNA are s--- at scrutinising there documents lol blimey what a farce when will the MoJ realize that 99% of there documents are not worth the paper they are written on.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Did I read paragraph 3 of diannes statement correctly as she appears to confirm that there was no binding agreement ???

 

Cheers

 

Well that could be read a number of ways !!! From the original agreemnt? or by telephone or by letter

 

I did offer and make payments, and kept up to date then restons appeared and it all went t*ts up. So much so that the payments were made between the 2 DN's so the 2nd DN amount is wrong and they sent statement to confirm it !!!

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Hi fb,

 

What a load of tosh Restons\MBNA have sent.

 

Another case of Restons trying to salvage something from the wreckage caused by MBNA's lax approach to paperwork.

 

There's still time for Restons to send another little WS just before the hearing...........probably 4 days before, but it will only contain more rubbish that can be shot down very easily.

 

Just try to stay relaxed and let Restons tie themselves in knots.

 

Have a great weekend.

 

Cheers SS. The order did say exchange witness statements by 24/7/09 so lets see if it appears. No doubt it willl as they have this unique way of working such as forget what court ordered you to and send some guff when it suits.

 

At the moment I'm positive. The hearing is on the 7/8/09

 

Can anyone post some killer questions to ask Dianne from MBNA (if she turns up)

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OK FB, heres some thought,

Her point 2 in WS Where is the original if she has seen sight of it, surely they will bring it to court as ordered.

 

Boufonts point 5, you require strict proof of sending, not just some screen printed note.

6. If the claimant is contractually allowed to change things, wheres the original signed agreement that allows them to do so?

7. If you can prove the payment you made, this blows the Tu*d out of the water .

 

Where is the witness statement of the operator who issued the 2nd default notice? And of the operator who scanned your agreement originally? Have they provided evidence of the verification procedure & evidence of the date & reason why agreement was destroyed?

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Where is the witness statement of the operator who issued the 2nd default notice? And of the operator who scanned your agreement originally? Have they provided evidence of the verification procedure & evidence of the date & reason why agreement was destroyed?

 

Good point. The only statements i have had are posted up, so thats a question for Dainne from MBNA needs to answer.

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One week to go. In court on 7/8/09. Has anyone got any more killer questions for MBNA that will make them realise the error of theor ways. :)

 

I am sure if BRW is watching your thread, he will have a few for you to ask:D

 

At the moment though the only one I can think of is

 

Dear Diane/Restons/MBNA...

 

"Do you really, really want to continue with this .. or get mashed, pulblicly":D

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

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One question at first could be along the lines of ' So Diane, I can call you Diane can I? You state, under oath, the authenticity of the original document. Have you had sight of that document? Now now, its a yes or no answer, please dont waffle. Have you had sight of the original document?? Well why is it not here with you today?

 

Oh I could go on:p

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Good Luck, fairyblue, afraid I can't add much more than that. Make yourself a few notes to nicely remind the judge of various Acts/Laws/Cases. Remember they can't be expected to know all of the laws, especially within the Consumer Industry, and it's worth quoting a few from what I've seen :smile:

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Hi FB

 

They are just giving notice thet the bundle filled with Court will have the mentioned docs seperated,prob for ease and not filled in progression of case.Nothing to worry about FB but strange however.

 

Regards

 

Andy

We could do with some help from you.

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Fairbyblue,

 

The very best of luck with this.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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