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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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MBNA CCA request from Australia


jaystar2020
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Hi All,

Tomorrow brings up day 14 after my CCA request to MBNA and another. These were sent and tracked by a co-combatant in the UK, however my MBNA address is in Australia.

 

Does the 12 +2 apply regardless of international circumstances?

 

Am I also correct after much reading here that I am being too kind, and could simply ignore the remainder of the (1K debt )(am now on full interest and years of occasional charges)??? Perhaps offer them a settlement?

 

Next payment is due 22 Jan, I will allow this time for the CCA to appear...any recommended next step?

Also, this agreement is 7-8 years old - does this have any relevance?

Many many thanks,

J2020

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I believe, though I've not had any dealings with MBNA, that it is extremely unlikely they will come up with a compliant agreement, especially one that old.

Regarding the time limits, I would think that as the letter was sent from the UK you should just allow a few extra days for the agreement to be sent to Oz, but I've never seen that question discussed before.

Next step is up to you. You can start issuing account in dispute letters, which in my experience serve only to prompt a thorough search for your agreement, or you could just stop paying and wait for them to contact you. The other option is of course to just carry on paying as you are.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thanks reallymadwoman, advice appreciated.

 

Yes have consulted many posts here, and come to that conclusion...the law is on our side, so will give them fair time, then...nothing!

Seems it's best not to stir things up, or forewarn 'them', so will await the communications, then send a suggestion that account is in dispute.

 

I will play the SAR ace after that...

 

J2020

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  • 2 weeks later...

Hi All,

 

Today 6/1/09 recieved a letter and a copy of my original MBNA Classic Card Application from 2001, with my signature on it.

I will get this scanned and post it here soon, but a couple of pointers initially could be helpful:

 

Letter states 'Thanks for your request. In accordance with sect. 78 etc, we enclose a copy of the credit card agreement (original and current) including applicable terms and conditions, and statement. If anything needs clarifying etc...' K. Ofuu pp Ben Shaw, Compliance Dept.

 

OK - enclosed is:

p1 - MBNA Classic Card Application Form, code at base is NS010911/N-8392-1

p2 (the reverse of p1) is a page of blurb for MBNA 'Confidence', 'Service', comparisons with other cards, and a long side column of Financial and Related Conditions (which might be legible with some magnification).

Code at base of page is LA-8392-1.9/14.9-10-01-C

 

p3 - is a letter from Sean Humphreys - 'Please find enclosed a copy of your current t &c. You can view your account online etc etc'

There follows 3 x pages of t and c's, form no: NDI001-AAAJ.

 

They have then added copies of most recent statement.

 

 

Does this initially mean anything to anyone? It is clearly an 'application' form...

 

I have about a week to get decisive about this.

 

Many thanks,

J2020

Edited by jaystar2020
Added information: At top 'Credit Agreement Regulated by the CCA 1974'
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I had to have a chuckle...

reading through the alleged, accompanying t and c's (on the back?..) there is no mention of penalty fees should I fail to pay according to their demands. Can I therefore write to them and request the refund of ALL these fees over the years, in light of this? I can imagine the reply...

J2020

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Hi All

(and Slick123, Thanks for the tip re requesting CCA...)

 

A few days ago I received a reply from MBNA

Thought I had posted details, but thay are not here???

 

OK

 

It is similar to

http://www.consumeractiongroup.co.uk/forum/mbna/177617-can-someone-check-cca.html

Covering letter - http://a.imagehost.org/0951/img024.jpg

 

Credit Agreement http://a.imagehost.org/0449/img025.jpg

 

Reverse of Agreement http://a.imagehost.org/0659/img026.jpg

 

Same deal - MBNA application is not co-signed by MBNA, Terms column is on reverse No mention of default fees.

It clearly says 'application', and also 'A Credit Agreement', not 'Card Agreement'.

They did reply with this within the 12 days, seems thay have a reply strategy going?

 

The signature box - am I agreeing to be bound by the Agreement, or the Consumer Credit Act?

 

The Application suggests by signing I am bound by the T's and C's...there is no mention of where these are to be found, or that they are overleaf. In other words, I signed an application, and did not have the Conditions, and many of the Terms, to hand at the time of signing. How is that fair?

 

Anyhow, no scanner at present, but any help greatly appreciated.

 

J

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