Jump to content


  • Tweets

  • Posts

    • Thanks London  if I’ve read correctly the questionaire wants me to post his actual name on a public forum… is that correct.  I’ve only had a quick read so far
    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
    • Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
  • 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

CCA from MBNA is it valid? Please help.


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

Thread Locked

because no one has posted on it for the last 5627 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

Received, via Cabot, a 'copy' of my CCA.

 

On the page where the signatures are I notice that I have signed in two boxes, they [creditor] don't appear to have signed anywhere at all.

 

There is also a bar-code type stamp and under it, on all the pages, is the text 'APPLICATION FORM'. Not sure if that's significant.

 

The purported terms and conditions appear to be on seperate pieces of paper and are also attached via photobucket.

 

They also sent a load of statement type documents through that seem to be just that - statements but the list is not complete.

 

Any ideas anyone?

 

th_scan0002.gif

Link to post
Share on other sites

Sorry, can you explain re the above? Are you say that they have posted/sent me current T&C's? The section with signatures on does look to be somewhat separate from the rest of the document - or am I being overly optimistic?

Link to post
Share on other sites

I cant say for sure, but yes it looks like those T&C may not be from the agreement they say you signed, or are a newer version, I cant read the signed page to see if they are tied in any way.

 

The signed document on its own is not enforceable, as it appears the prescribed terms where elswhere, the question is where? if they where on the reverse that could be enough to make it enforceable, but of course MBNA would have to prove they where part of the signed document

Link to post
Share on other sites

Other points.

 

Where is their signature?

 

All that they have sent me would not fit on 1 sheet of paper.

 

Since when has a credit limit been placed on an application form? Surely, thet determine that when and if your application is successful?

Link to post
Share on other sites

I have a similar agreement and those are the present terms and conditions. The prescribed terms need to be within the four corners of the agreement anyway and not referred as separate terms and conditions. The very good news is that the default notice they issued is also defective. They have not allowed 14 clear days for you to remedy after service (2nd working day after the date of the letter) But you should not mention it to them and wait to see if they take you to court based on that notice. It would characterize the termination of the agreement and they would not be able to issue another DN and would be in a legal limbo. A defective DN is fatal and no prescribed terms within the signed part of the agreement prevents them to legally enforce this debt in court

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/145452-stayingcalm-abbey-no-cca.html

 

Have a look at link above. It will make you aware of what to expect from MBNA &Cia also has very good explanations about defective DNs. My guess is that next thing you will get is a letter from Restons solicitors.

Edited by tiokim
Link to post
Share on other sites

Agreements that are not signed by the creditor but only the debtor are enforceable by way of a court order only. However in order for a court order to be granted the agreement would need to contain all the prescribed terms. These prescribed terms need to be within the four corners of the agreement and not in another document entitled terms and conditions.

 

It would be difficult for them to demonstrate that the terms and conditions they have supplied are within the four corners of the agreement, particularly as they appear after the signature box.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

I have a similar agreement and those are the present terms and conditions. The prescribed terms need to be within the four corners of the agreement anyway and not referred as separate terms and conditions. The very good news is that the default notice they issued is also defective. They have not allowed 14 clear days for you to remedy after service (2nd working day after the date of the letter) But you should not mention it to them and wait to see if they take you to court based on that notice. It would characterize the termination of the agreement and they would not be able to issue another DN and would be in a legal limbo. A defective DN is fatal and no prescribed terms within the signed part of the agreement prevents them to legally enforce this debt in court

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/145452-stayingcalm-abbey-no-cca.html

 

Have a look at link above. It will make you aware of what to expect from MBNA &Cia also has very good explanations about defective DNs. My guess is that next thing you will get is a letter from Restons solicitors.

 

Thanks for confiming what i thought tiokim

Link to post
Share on other sites

You could send this one recorded -

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

 

You had until (date here) to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute . Whilst the matter is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

Link to post
Share on other sites

You guys are all stars, thanks.

 

Sent the docs to a friend of mine who's training in a solicitors office as a debt specialist.

 

He also agrees that what they've sent is no more than an applocation form.

 

Will keep you updated.

Link to post
Share on other sites

hello bladeboy

 

very interesting cca, i got the same as you well it looks like that tiny bit of paper and small writing and i disputed with mbna and now sent me a final letter and referred me to fos, so i am,

 

am subscribing to your thread and if you want to see mine check out the mbna journey headed

 

take care

 

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

Link to post
Share on other sites

Blimey Von Greenbach

 

that is small to read, ive sent you my letter that i sent off to one of my creditors when i couldnt read what i was sent , i dont know if this will help you - sent it via private message

 

my humble opinion is that the regs do state it should be readable and legible and i also got that from trading standards when i visited them so its worth something to dispute,

 

let me know your thoughts and sorry bladeboy for inputting this on your thread,

 

off to bed now good night to all

 

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...