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    • Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
    • Just be careful with your language on what you post here - Keep it above board Lets see what you send to the big boss. 
    • I made that payment on 13th Feb, then it all went down hill. 
    • Massive potentially that payment has been made in some form as accompanying evidence to your financial difficulties.  And yes, but add some more zing to the email if it goes to the CEO - You need to make them understand what they have done. And telling the CEO  / MD of the biz what their actions have done to you - It adds to the complaint weighting.    
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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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    • 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

MBNA Successes


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Took MBNA to court via Conkers solicitors and had all £2900 wiped from the credit card. Card shut down but be aware if you have debt on your card and you claim back excessive charges etc they will only pay themselves, so still ended up shelling out solicitors costs.

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Hello and Welcome,

 

Well done on your 'win', you would have been better off joining this site and doing it for yourself, could have saved you a few bob.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Agree there, every success, is a good success ;)

 

Thanks for letting us know.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 4 weeks later...

Congratulations JD...are you able to briefly outline your case/argument and grounds for judgement?

 

MBNA are one of my bug bears so I've interested to discover their flaws and also, if any notice is being taken of the Rankine case (where applicable)

 

Many thanks if you're able to help...

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

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  • 9 months later...

Hello All..

I am new to this site and i feel it is really useful.I recently got a cca from MBNA but i am not sure whether this is enforceable.They send me a copy of the appplication form for the credit card with my signature showing consumer crdit agreement on the top.Is it an enforceable credit agreement??

 

Meny thanks in advance

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  • 2 months later...

If you read MBNA –v- Thorius that might help you. After reading this case I think the application form that MBNA have provided is not enforceable..

 

I am sure someone expert will come soon and elaborate on the enforceability of the application form..

 

In the meantime plz do read MBNA –v- Thorius (in the Newcastle-upon-Tyne county courtlink3.gif, September 2009)

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  • 8 months later...

Hi,

About 8 months ago, I requested MBNA to send me all the agreement quoting section 78 of the consumer credit act 1974. I have just received a letter from them which states:

 

We enclose a copy of original agreement together with a copy of the agreement currently in placea and signed statement of the account'

Unfortunately the copy of the agreement that we have retrived is incomplete, and at the moment, we are unable to provide a complete copy.

While we try to locate this we confirm that we will not issue court proceeding against you to recover the amount owed to us. However, please be aware that you should continue to make payments to your account, this is because your debt continues to exist and has not been extinguished, so you continue to have an obligation to pay us. As such, we are entitled to contact you to request payment if you fall behind on your payments. We are also entitled to report your repayment patterns to Credit reference Agency, including where appropriate, registring a default against your name, this has recently been confirmed in two high court decisions: McGuffick V RBS & Carey V HSBC.

 

---------- Please advise me how do I move ahead in order to get rid this debt! after receiving above letter from MBNA CC.

Thanks,

Aaron

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