Jump to content


  • Tweets

  • Posts

    • Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
    • My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
    • I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • JK: Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have. Thanks DX, I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week
  • 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

MBNA CCA request from Australia


jaystar2020
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5605 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

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

  • 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'
Link to post
Share on other sites

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

Link to post
Share on other sites

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...