Jump to content


  • Tweets

  • Posts

    • Thanks. I often use this free site  https://www.sejda.com/compress-pdf  for work to compress PDFs. If it's no good, as you say, split it, and we'll do the biz at this end tomorrow. Knackered here - more in the morrow.
    • This is the covering email response (all personal details removed) - the pdf with all the info is 8mb - too big to upload - I'll need to split it and redact it tomorrow. Dear, We write further to your recent correspondence. We note from this that you have submitted a Request for Access pursuant to Article 15 of the UK General Data Protection Regulation (UK GDPR). We wish to confirm that the response provided below, and via the enclosed documents, concerns the Parking Charge referenced above. This data is provided on the basis that we note that you have already been identified as the registered keeper of the vehicle in question in relation to the dates of 22nd August 2023 and 11th September 2023 and therefore we can be satisfied, to the standard required, that the data collected and processed in respect of that vehicle on that date is personal data pertaining to you. We can confirm that your name and address were provided by the DVLA on 26th August 2023. This data was provided as you were identified as the registered keeper of vehicle in respect of a breach of the parking terms and conditions that took place within Mary Street, Carlisle on 22nd August 2023 Parkingeye can confirm that we issued a total of 5 items of correspondence to yourself to date prior to any further recovery or legal action. The address used was the address as held by the DVLA for the Registered Keeper of the vehicle. As no response was received to any of the correspondence sent, Parkingeye contacted a tracing agent to obtain any potential alternative address. To which end, an alternative address for yourself was provided and further items of correspondence were sent. Please note, whilst Experian are a credit referencing agency, no credit check has been undertaken in relation to this Parking Charge. We only utilise their tracing service in order to obtain alternative contact details. For clarity, personal data sent to our tracing agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. As Parkingeye did not receive any response to the correspondence sent, we entered into legal proceedings on 8th January 2024 in order to recover the outstanding sum owed for the Parking Charge and further costs were incurred. We can confirm that your name and address were provided by the DVLA on 15th September 2023. This data was provided as you were identified as the registered keeper of vehicle in respect of a breach of the parking terms and conditions that took place within Mary Street, Carlisle on 11th September 2023 . Parkingeye can confirm that we issued a total of 5 items of correspondence to yourself to date prior to any further recovery or legal action. The address used was the address as held by the DVLA for the Registered Keeper of the vehicle. As no response was received to any of the correspondence sent, Parkingeye contacted a tracing agent to obtain any potential alternative address. To which end, an alternative address for yourself was provided and further items of correspondence were sent. Please note, whilst Experian are a credit referencing agency, no credit check has been undertaken in relation to this Parking Charge. We only utilise their tracing service in order to obtain alternative contact details. For clarity, personal data sent to our tracing agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. As Parkingeye did not receive any response to the correspondence sent, we contacted our recovery agent in order to recover the outstanding sum owed against the Parking Charge. For clarity, personal data sent to our recovery agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. We can confirm, in line with s.(1)(h) of Article 15, that no automated decision-making or profiling, referred to in Article 22(1) and (4), has been undertaken in relation to personal data in this case. We note that Article 22 states as follows, “The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her”. We can confirm that you have not been subject to such a decision and that the processing falls outside the scope of Article 22. Any automated checks undertaken by Parkingeye in relation to ANPR data will only result in a decision not to issue a Parking Charge. Should the ANPR data we process indicate that a breach of the parking terms and conditions has taken place, any subsequent decision to issue a Parking Charge will require that data to pass through a substantial checking process that includes human intervention. Please note that the UK General Data Protection Regulation provides the following further rights:   •             The right to request from Parkingeye access, rectification or erasure of your personal data; •             The right to request from Parkingeye restriction of processing of your personal data; •             The right to object to the processing of your personal data.   Please note that some of these rights are not absolute and will only apply in certain circumstances. We will review each request we receive in respect of these rights. We do not have to agree with a request but if we refuse, we will still contact the data subject within one month to explain why. You also have the right to lodge a complaint with the Information Commissioner’s Office (ICO). For further information, please refer to the ICO website, www.ico.org.uk. You may also seek a judicial remedy. For further information about your rights as a data subject, plus information about the categories of data we process, data transfers, the legal basis for our processing, and the purposes of processing, please visit: https://www.Parkingeye.co.uk/privacy-policy/   Yours sincerely,   Parkingeye Privacy Team
    • Thanks to you both.  I'd guessed it was CCTV, but the creeps who sneak up and take photos of the vehicles also use time stamps. BTW TT98, what you have received is not a fine, you can never be clobbered for the statutory consequences of not paying a fine - because it isn't one.  It's an invoice, and they have the same right to sue you as you have the right to sue anyone as a layperson who doesn't pay you for an invoice.  It's just a simple civil matter about a "debt".  Nothing worse.
    • As Dave has already said there are Consideration periods and Grace periods to be taken into account when private parking is involved. Before looking at that the first thing is to check whether your PCN complies with the Protection of Freedoms Act 2012 Schedule 4 which regulates the private parking rogues. They were very good at twice quoting from the Act but they missed Section 9[2][e] (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges; They didn't do that so they have not complied with the Act which means they cannot pursue you as the keeper only as the driver which they said themselves when quoting Section 9 [2][f] . In addition they are supposed to quote the period of parking but instead given the times of arrival and departure of your vegicle which is not the same thing.Obviously their times  include the driving times to the parking place plus later from the parking place to the exit. So removing those times from your 15 minute overtime and that doesn't include extra minutes when your car was held up by stopping for pedestrians or other cars passing in front of you as well as returning the shopping trolley and possibly  queueing to get out of the car park. And that doesn't include children and or disabled people causing greater differences betwen their times and the actual parking period which is what is specified in the Act. It is perfectly possible that as much as fifteen minutes longer  could be taken in a larger busy car park compared to their spurious ANPR times. You may have noticed sating well done to you in his post. that was for two reasons. The first for giving us all the necessary details surrounding the alleged breach. the second well done was for not appealing a possibly giving away who was driving. As you the keeper is not responsible now for paying the PCN and Highview do not know who was driving they will have difficulty if the take you to Court since Courts do not accept that the keeper and the driver are the same person which is quite right considering that quite often family members often drive as opposed to the keeper as can loads of other people drive your  who have valid insurance motor policies. So don't worry even if you have to go to Court as the odds are in your favour and that's before we see the contract and Witness Statement which often give more ammunition against them.
    • Thanks. The way the court system works, with fixed costs included in the claim, means you have nothing to lose by fighting on. Give in now and you pay them their claim. Lose in court and you pay them their claim.  So why not fight? In fact were you to lose in court it's highly likely that the judge would increase the amount by their £25 hearing fee but then decrease it by disallowing the £70 Unicorn Food Tax they have just made up and added to the claim. It was however a mistake not to park in the far bay. But what about their negligence in allowing a disgracefully-parked vehicle to stay where it was and prevent your BB access? In any case, there is a long, long way to go before court.  A lot of these companies start a court claim in the hope that the motorist will wet themself and give in.  If a case is robustly defended and a decent Witness Statement produced, a good 20% of the time they drop the cases.  We'll support you all the way.
  • 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
      • 160 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 - Let battle commence / **DISCONTINUED**


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

Thread Locked

because no one has posted on it for the last 5082 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

CCA Letter sent, recorded delivery of course, 11/11/08

 

 

 

 

 

Letter received from MBNA having been posted by them 9/12/08

 

 

 

Image0001-1.jpg

 

Image0002.jpg

 

 

As can be seen none of them contain a signature, plus the covering letter by Bez Shaw, states "We are sorry we have not been able to send you a photocopy of the original....", I presume this is because they haven't got the original or are they playing their cards close to their chest?

Edited by Mightyacorn
Link to post
Share on other sites

  • Replies 148
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

  • 2 months later...
  • 1 month later...

Hi MA,

 

Umm, terms and conditions and current ones at that (this is obvious from the £12.00 default charges). Are you able to advise, what year this account was opened ?.

 

IMHO, I would send the following letter to the OFT, provided by Bankfodder. Amend the draft to show that this is from the Original Creditor rather than a DCA. Include copies of the current terms and conditions that MBNA have provided you with.

 

OFT will reply that they are unable to investigate individual complaints, they will however also include in their reply what the company is supposed to provide. They will also send you a form asking you to sign and return in the event they receive sufficient complaints to start an investigation. Obviously you do need to sign this, but do so in a way that is totally different from your normal signature and keep a copy of the page for your reference.

 

http://www.consumerforums.com/resources/templates-library/50-complaint-in-respect-of-dca-threat-re-expired-debt/101-complaint-in-respect-of-invalid-cca-agreement.html

 

HTH

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

Link to post
Share on other sites

Thanks CB, will do. I think I opened the account at least 10 years ago.

 

I have decided to go down the SAR route, because everytime I ask for documents relating to one account number they send me ones pertaining to another account number. So I have SAR'd them listing all the account numbers they have sent me. I've only sent one £10 postal order though.

Link to post
Share on other sites

  • 4 months later...

Right, five months down the line, a couple of stays in hospital, and I'm bac in action.

 

Did SAR and MBNA sent me a load of paperwork, mostly printouts and, to me, mostly goobledegook.

 

There was however a document which I assume to be my agreement :-

http://i461.photobucket.com/albums/qq331/mightyacorn2008/MBNA/AgreementEdited.jpg

 

The first thing I notice is there is no 'other party' signature, am I right in thinking that BOTH parties have to sign the agreement for it to be enforceable?

 

Secondly there is no credit limit, does it have to have a credit limit stipulated? or does the 'we will notify you from time to time' cover this?

 

Whilst examining the SAR return, I get a letter from Lewis Debt Recovery:-

http://i461.photobucket.com/albums/qq331/mightyacorn2008/MBNA/Lewis.jpg

 

As there was no statements etc. I wrote back to MBNA with a LBA :-

http://i461.photobucket.com/albums/qq331/mightyacorn2008/MBNA/LBA-6-7-09.jpg

http://i461.photobucket.com/albums/qq331/mightyacorn2008/MBNA/LBA-6-7-090001.jpg

 

And I then write to LDR, with 'Account in Dispute' letter:-

http://i461.photobucket.com/albums/qq331/mightyacorn2008/MBNA/Lewis0001.jpg

 

That was in July, then I get a letter from Howard Cohen:-

http://i461.photobucket.com/albums/qq331/mightyacorn2008/MBNA/cohen.jpg

 

And then this morning a County Court Claim Form issued on 14th September.

 

I now need help please.

 

I've already replied using moneyclaim, and indicated that I disagree with the claim.

 

Any advice please.

Edited by Mightyacorn
Spelling and corrections
Link to post
Share on other sites

Hi Mightyacorn now you have court paperwork maybe your thread needs moving to the legal section by the site team. Have you had a Default Notice terminating this agreement? It would be useful for more experience caggers then to check it over for you along with your agreements uploaded.

 

You are right in thinking both parties have to sign the agreement for it to be enforceable. When I was in court in July the solicitors in my case on behalf of MBNA tried this on with me saying the priority req form as well as my signature contained the claimants (it did not) he tried to make out that the sticker (barcode) over my priority request form is where the signature of theres would be but without the orig (not brought to court) how will we know that though????? I also said it contained no prescribed terms/CLimit either and along with other things (DN probs) round one went to me.

 

Have you posted a CPR 31.14 yet now. See this if not http://www.consumeractiongroup.co.uk...eal-their.html

CAG NEEDS FUNDS PLEASE DONATE AS MUCH OR AS LITTLE WHERE POSSIBLE

http://www.consumeractiongroup.co.uk/paypal.php?go=donate

Link to post
Share on other sites

Hi Mightyacorn now you have court paperwork maybe your thread needs moving to the legal section by the site team. Have you had a Default Notice terminating this agreement? It would be useful for more experience caggers then to check it over for you along with your agreements uploaded.

 

You are right in thinking both parties have to sign the agreement for it to be enforceable. When I was in court in July the solicitors in my case on behalf of MBNA tried this on with me saying the priority req form as well as my signature contained the claimants (it did not) he tried to make out that the sticker (barcode) over my priority request form is where the signature of theres would be but without the orig (not brought to court) how will we know that though????? I also said it contained no prescribed terms/CLimit either and along with other things (DN probs) round one went to me.

 

Have you posted a CPR 31.14 yet now. See this if not http://www.consumeractiongroup.co.uk...eal-their.html

 

Thanks Mydog,

Yes, I have a DN sent by MBNA, received in May. I have just noitice DN dated 8th May, gives me until 25th May, to remedy, yet Cohen's alledge debt assigned to them on 21st May.

 

I have not yet posted a CPR 31.14 yet, but we know from experience that Cohen's will not respond to it.

 

Should I report MBNA/Cohen's to OFT and ICO seeing as how they have not, in my opinion, complied with SAR request?

Edited by Mightyacorn
added material
Link to post
Share on other sites

The DN dates may be fine HOWEVER I believe if an acct is terminated but they sell the debt on during the 14 day period then the acct was termininated on the faulty DN as it left you no time to remedy the default notice with them.

 

Cohens are the solicitors though right? so arent they just acting on behalf of MBNA and not a debt credit agency themselves in having it assigned to them!

 

CPR 31.14 does have a clear and valuable part to play so I would certainly have a read up on that thread now that legal action against you has started should you want to pursue the inadequate credit card agreement route.

 

The SAR, you mentioned you have received printouts already so I gather this will be in response to the SAR you requested on the accts so why do you think they have not complied with your SAR request?

CAG NEEDS FUNDS PLEASE DONATE AS MUCH OR AS LITTLE WHERE POSSIBLE

http://www.consumeractiongroup.co.uk/paypal.php?go=donate

Link to post
Share on other sites

The DN dates may be fine HOWEVER I believe if an acct is terminated but they sell the debt on during the 14 day period then the acct was termininated on the faulty DN as it left you no time to remedy the default notice with them.

 

Cohens are the solicitors though right? so arent they just acting on behalf of MBNA and not a debt credit agency themselves in having it assigned to them! No the account was assigned to CL Finance, Cohen's are acting on their behalf.

CPR 31.14 does have a clear and valuable part to play so I would certainly have a read up on that thread now that legal action against you has started should you want to pursue the inadequate credit card agreement route.

 

The SAR, you mentioned you have received printouts already so I gather this will be in response to the SAR you requested on the accts so why do you think they have not complied with your SAR request? Because they haven't sent everything I requested, there is no statements for instance despite the fact that I specifically asked for them

 

Give me a minute and I'll upload a copy of my SAR and a sample of what they have sent.

Link to post
Share on other sites

Will wait to see your samples.

 

If assigned to CL Finance then they have not given you the 14 days before assigning it naughty naughty. Have a look at this thread in your forthcoming actions it should help you with whats ahead. upto the eyeballs v CL Finance No CCA IN COURT ** Help **

CAG NEEDS FUNDS PLEASE DONATE AS MUCH OR AS LITTLE WHERE POSSIBLE

http://www.consumeractiongroup.co.uk/paypal.php?go=donate

Link to post
Share on other sites

Give me a minute and I'll upload a copy of my SAR and a sample of what they have sent.

 

 

You might want to edit this as it has your personal name on it? This looks like the sort of info I was sent on my SAR request.

 

If we can ask a MOD to post your thread to the legal section by pressing the red triangle lets hope you gain more experienced caggers going forward with this.....:)

CAG NEEDS FUNDS PLEASE DONATE AS MUCH OR AS LITTLE WHERE POSSIBLE

http://www.consumeractiongroup.co.uk/paypal.php?go=donate

Link to post
Share on other sites

Will wait to see your samples.

 

If assigned to CL Finance then they have not given you the 14 days before assigning it naughty naughty. Have a look at this thread in your forthcoming actions it should help you with whats ahead. upto the eyeballs v CL Finance No CCA IN COURT ** Help **

 

It may be 'naughty naughty', but why? Is there somewhere where it actually says "illegal", "unlawful", "not complying" etc. please?

 

I am well aware of the tactics of Cohen having run into them before.

Link to post
Share on other sites

Thanks Mydog,

Yes, I have a DN sent by MBNA, received in May. I have just noitice DN dated 8th May, gives me until 25th May, to remedy, yet Cohen's alledge debt assigned to them on 21st May.

 

I have not yet posted a CPR 31.14 yet, but we know from experience that Cohen's will not respond to it.

 

Should I report MBNA/Cohen's to OFT and ICO seeing as how they have not, in my opinion, complied with SAR request?

 

Was the DN issued May 2009 ?. If so, then the date for remedy is out.

 

The 8th was a Friday, therefore the earliest it could have been received had it been posted Royal 1st class would have been the 12th. Sending either UK Mail (1st or 2nd style) Royal Mail 2nd class would have left even less time.

 

Assigning an account prior to the remedy date of the DN IMHO, amounts to termination of the account with the original creditor. The account was also in dispute, and according to OFT Guidelines, this kind of activity is a no no.

 

Those examples of data from your SAR one of them is the comms log which apparently can be quite useful. Check all the paperwork you have against it date wise. Did the DN date correspond with the entry on the log, etc. You might also check to see if they officially terminated the account prior to assigning it over and again... do the dates match.

 

I will try and find someone who has experience in interpreting them look in on you.

 

Having set Cohens on you after your advising them of your health issues seems to me to be something you may well be able to bring up with the OFT/FOS.

 

Can you please let us know exactly what the POC say :) and what was the date of issue. Thanks.

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

Link to post
Share on other sites

Thanks CB,

Looking through all the paper work from them, MBNA's covering letter regarding the SAR is dated 2nd June, 2009, but all the printouts are dated 30th April, 2009, and there is nothing after that date. So cannot check DOA, amazing when you think my SAR was only posted on 25th April.

 

Also on 30th April is an entry on the Transactions Prinout stating 'Charge-off adjustment'.

 

POC :- The claimant's claim is for the sum of 2170.00 being monies due to the Claimant under regulated credit agreement between the defendant and MBNA Europe Bank Limited under reference *********** and assigned to the claimant on 21st May, 2009 notice of which has been given to the defendant.

Link to post
Share on other sites

 

POC :- The claimant's claim is for the sum of 2170.00 being monies due to the Claimant under regulated credit agreement between the defendant and MBNA Europe Bank Limited under reference *********** and assigned to the claimant on 21st May, 2009 notice of which has been given to the defendant.

 

Subbing with interest........ Gun the jumping comes to mind :D

Link to post
Share on other sites

Thanks CB,

Looking through all the paper work from them, MBNA's covering letter regarding the SAR is dated 2nd June, 2009, but all the printouts are dated 30th April, 2009, and there is nothing after that date. So cannot check DOA, amazing when you think my SAR was only posted on 25th April.

I smell a rat here, how convenient for them to halt the logs before May commenced, my SAR took almost the 40 days to arrive & if thats std practice you should have had the printouts at least up to whenever they terminated at least???

 

Also on 30th April is an entry on the Transactions Prinout stating 'Charge-off adjustment'.??

 

POC :- The claimant's claim is for the sum of 2170.00 being monies due to the Claimant under regulated credit agreement between the defendant and MBNA Europe Bank Limited under reference *********** and assigned to the claimant on 21st May, 2009 notice of which has been given to the defendant.This was before the date you were still to remedy with MBNA & as CB has confirmed is a no no.

It would be interesting to know if there is a way you can re-qualify this SAR data up to April plus why they have this charge off adjustment on the 30th April when the acct was still with them till 21st May!

 

I hope as CB said somebody who has more knowledge on SAR can advise & interpret it more for you soon.

CAG NEEDS FUNDS PLEASE DONATE AS MUCH OR AS LITTLE WHERE POSSIBLE

http://www.consumeractiongroup.co.uk/paypal.php?go=donate

Link to post
Share on other sites

I'd ensure the DJ by way of the court manager sees a copy of Cohens correspondence.....leave it as close to hearing date as possible though so its still fresh in their mind - no DJ likes to see a decision being made for him/her. Cohens must think they're judge, jury and the other.

Link to post
Share on other sites

It would be interesting to know if there is a way you can re-qualify this SAR data up to April plus why they have this charge off adjustment on the 30th April when the acct was still with them till 21st May!

 

.

 

 

Or, indeed, if they 'charged it off' on 30th April, how could they default me on 8th May ???????

 

 

Looking for advice on this one please.....

Link to post
Share on other sites

Thanks CB,

Looking through all the paper work from them, MBNA's covering letter regarding the SAR is dated 2nd June, 2009, but all the printouts are dated 30th April, 2009, and there is nothing after that date. So cannot check DOA, amazing when you think my SAR was only posted on 25th April.

 

Also on 30th April is an entry on the Transactions Prinout stating 'Charge-off adjustment'.

 

POC :- The claimant's claim is for the sum of 2170.00 being monies due to the Claimant under regulated credit agreement between the defendant and MBNA Europe Bank Limited under reference *********** and assigned to the claimant on 21st May, 2009 notice of which has been given to the defendant.

 

Or, indeed, if they 'charged it off' on 30th April, how could they default me on 8th May ???????

 

 

Looking for advice on this one please.....

 

The POCs are extremely vague so you wont be able to put in a fully particularised defence.

 

I think the "charge off" issue was covered in the threads of Fairbyblue and zhanzibar. I cant recall if it was something to do with tax or indeed indicative of termination.

 

Of course if it was the latter, then they most certainly shouldnt have issued a DN cos there was nothing to issue a DN on. I dont know how charging off for tax purposes then issuing a demand for money would be accounted for.

 

supasnooper or IveGotNoMoney would be the peeps to ask and at the moment, they dont seem to be online.

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

Link to post
Share on other sites

Sorry I cant be more specific as to where to find the answer to the question re the charge off.. but you will definitely find it in this thread.. after post 300

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170484-fairbyblue-mbna-restons-court-47.html

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

Link to post
Share on other sites

Sorry I cant be more specific as to where to find the answer to the question re the charge off.. but you will definitely find it in this thread.. after post 300

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170484-fairbyblue-mbna-restons-court-47.html

 

 

That is some thread, CB, but at least I'm lookin in the right place.

 

Now need to put together a defence, anyone assist please?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...