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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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My Cca From Mbna Please Look


ANDREAMOUR
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sounds to me like thats the best copy they can put together, i would love to see what they produce in court?

If you feel I have helped please tickle my scales;)

 

 

MBNA - Ongoing

Egg Loan - Ongoing

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sounds to me like thats the best copy they can put together, i would love to see what they produce in court?

 

 

I think it is else they would have sent it me by now.

I defo dont think that copy will stand up in court.

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subbing..not an expert but there are plenty on here so don't worry i'm sure someone will come along soon.

To make it easier can you post a detailed list of whats happened so far such as May 2000 took card out

April 2001 couldn't pay etc

 

It makes it easier for someone to give you the best advice.

 

Also how long after the non payment have they sent you these letters (include this in the description)

Edited by Talbot
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If you feel I have helped please tickle my scales;)

 

 

MBNA - Ongoing

Egg Loan - Ongoing

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To make it easier can you post a detailed list of whats happened so far such as May 2000 took card out

April 2001 couldn't pay etc

 

It makes it easier for someone to give you the best advice.

 

Also how long after the non payment have they sent you these letters (include this in the description)

 

Thanks Talbot.

I took the card out in June 2003

Its been up to my limit for a while and id been making the minimum payment each month.

I kept up the payments right up until Nov 2008 when i hit financial difficulties..

A friend of mine mentioned about cca and said i should ask for mine

so i called mbna and they sent it out after about 2 weeks Dec 08..

I didnt know what i was actually looking for until i came on here.

I had the usual reminders off mbna that i was behind on payments up untill feb this year when i had a threatogram from optima.

I wrote to optima and explained about my illegible cca..

Then i wrote to mbna and asked for a better copy of my agreement and i sent them a written cca request with the statatory £1 (thought it was best to have a paper trail)

After that i had a few letters from them saying to contact them because they ant to help! lol

Then they wrote back saying its the best copy they have and they have supplied me with everything that they have to and that they are in the right im wrong and pay the money back..

Thats about it up until last week when i received the last 2 letters

Edited by ANDREAMOUR
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Hi,

 

I only got that letter last week but at the moment I do not have any intention of writing back to them as they state in the letter that they will not enter into any correspondence and I can't be arsed lol.

 

Dave

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Lol

Thats what stumped me..

What can you write to somebody that isnt interested in anything you write?

 

Your not really writing for their benefit though... if this ever gets to court look at the paper trail you have provided and look at the lack of response from them:-)

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Thanks pmw1971,

 

I hadn't thought of that. Looks like I will be dusting off the typewriter again lol.

 

Andrea: I get the impression that we have nothing to worry about at the moment as the ball is still in their court. Maybe some more nasty letters to come but I for one have been phonecall free for the past couple days.

 

I think their next step will be some type of default notice as they seem to ignore the "in dispute" letters.

 

Keep us posted.

 

Dave

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  • 2 weeks later...

haha the muppets..

 

"You were supplied with a copy which you should have retained for your records"

 

Err this is a supposedly a sophisticated financial institute which for reasons only they can explain they decided to scan agreements, not bother quality checking the scanned images and then shred the original documents..

 

Go figure MBNA!

 

relevant section to quote to them

I am entitled to receive a true copy of the Agreement and such true copy must be easily legible. What you have sent is not a true copy, nor easily legible. It is hard to read due to poor quality copying of a copy.

 

This is contrary to the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)

 

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

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It seems that mbna really dont take any notice of anything we tell them.

Had a letter from them today..

I also had a letter from the financial ombusman about the complaint i have made against mbna i need to fill in a form and that will set the ball rolling...

Heres the letter from mbna

 

wtt4d4.jpg

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Hi Andreamour

 

All I can say is what a bunch of ignorant arrogant barstewards.

 

I truly hope things get sorted soon...I get the feeling MBNA staff don't communicate with each other let alone the customers they should harder.

 

MBNA you FAIL

 

Squidward

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  • 3 weeks later...

Had this through earlier this week and today i had a post card from them stating they will be visiting me at home next week!

This is a bit worrying...

Are they allowed to come to my house?

Can i stop them from coming?

Does any 1 know?

 

2565xki.jpg

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Hi Andreamour

 

I'm not 100% sure but I thought they had to give you 14 clear days to remedy the default i.e something like default will be registered on **date** if you don't fulfill your obligations " not just " in the next few days"

 

IMHO Scare tactics!

 

Someone will be along with a lot more experience soon

 

Squidward

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That is not a default as required under s87 of the act, however it could be a warning sent after a default notice has been issued... have you received a DN prior to this... [i've only had time to briefly scan the thread]

 

If this is what they rely on as a default notice then they are in for a big big shock if it ever gets to court.

 

S.

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Nope you are correct this is a new thing required by the CCA2006 regs that gives you a statement of arrears.

 

If you have not received a DN and have had a threat of a Default Notice put on your record in the next couple of days! if they dont receive a payment then it might be worth doing a subject Access request to get all the information they hold about you.

 

You'll need to specifically request a copy of the default notice and ALL manual intervention in the account.

 

If they have produced a default notice they'll have a notice of it in the info you receive back although they probably wont be able to produce a copy of the actual DN.

 

Unfortunately this can take up to 40days for them to respond and if they carry out the threat then you will have a default on your record albeit wrongly applied as you have not received the DN and can put them to strict proof its been delivered if it ever gets to court.

 

S.

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Thanks shadow

I will give it a couple of days and see what they do.

The fos are dealing with my case at the moment so i may let them know about the latest threatogram....

 

Definitely and if they are not aware of it tell them you have not received a default notice prior to this "letter"

 

Best of luck.

 

S.

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