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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
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All MBNA Caggers Fight Against MBNA's underhand tactics


pompeyfaith
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hi

need a few quick answers and know we are all watching the thread

the phone is ringing again third time in least than 10 mins from barry from

mbna just hung up.and again and again

first call starts hi can i speak to xxx its barry from mbna

asked if its to make a booking no can i take down the phone number and get her to ring back , no i said and put down the phone

will so far i have had 5 calls the number is witheld the last one i told him

i have sent an harassement letter and to xxx off

i am really losing it with them now can they withold the phone number ?

and who do i contact regarding this

 

Almond...don't have all the answers but I tend to write something along these lines ...as I didn't know about the harrassment clauses at the time...

 

I refer to your continual refusal to communicate with me in writing, regarding my financial difficulties, insisting instead that I contact you by telephone.

Having recently taken advice on this matter, I should confirm that I consider you to be in breach of The Banking Code Guidance For Subscribers specifically in relation to clause 14.2 which states that:

 

“Where a customer requests that the subscriber deals with them in writing or e-mail (providing that facility is available) rather than by telephone, they will do so as long as the customer remains co-operative and in regular dialogue.”

Additionally, if you have a relevant disability, such as myself, you may consider it appropriate to add...

Furthermore, I consider your failure to make ‘reasonable adjustments’ to facilitate my access to your services to be in contravention of the Disability Discrimination Act.

 

 

Get a letter out to today headed COMPLAINT...and specifically name Barry as causing you undue stress and anxiety as a consequence of his harrassment. Just send it to their main address but head it as CUSTOMER COMPLAINTS. It will get to the right place (usually Customer Assistance Dept with MBNA) but it is important to identify your letter, in no uncertain terms, as a complaint.

Edited by WelshMam2009
Typography error - Inserted 'your' in letter

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

 

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will do just typing it up now but have missed the post

will send it recorded tomorrow, i have an email address shall i send an email

 

I wouldn't give them your email address as you may end up becoming too frightened to open up your in box!! Recorded tomorow should be fine... just switch off the phone in the mean time, if you can.

 

As an aside, I take it you have call screening. It's free with BT and we tend not to answer any withheld or unrecognised numbers in our house....although, in fairness, I can't recall the last call I had from them. Egg did mess up once and had to send me a grovelling apology though!!

 

Good luck!!

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

 

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what does this mean?

 

It's just a polite way of letting us know we've gone off thread!!

 

Have you started your own thread Almond?? If not, put your questions on mine (below) as I'm not overly bothered!!

 

 http://www.consumeractiongroup.co.uk/forum/mbna/182982-mbna-cca-help-needed.html#post1980207

Edited by WelshMam2009

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

 

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Here's mine

 

http://i375.photobucket.com/albums/oo198/hammond39/ResponsefromMBNA1.jpg

http://i375.photobucket.com/albums/oo198/hammond39/ResponsefromMBNA.jpg

 

Classic:D

 

They forgot to put "terms and" when they copied and pasted it.

 

Do you think the chief executive forgers in MBNA will get a bonus this year!!!

 

HH

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Here's mine

 

http://i375.photobucket.com/albums/oo198/hammond39/ResponsefromMBNA1.jpg

http://i375.photobucket.com/albums/oo198/hammond39/ResponsefromMBNA.jpg

 

Classic:D

 

They forgot to put "terms and" when they copied and pasted it.

 

Do you think the chief executive forgers in MBNA will get a bonus this year!!!

 

HH

 

If they are paid by the quality of their work, they should get zilch.

 

If they are paid by the quantity of their (alledged) cut and pasting, they will be minted (excuse the pun:D).

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Here's mine

 

http://i375.photobucket.com/albums/oo198/hammond39/ResponsefromMBNA1.jpg

http://i375.photobucket.com/albums/oo198/hammond39/ResponsefromMBNA.jpg

 

Classic:D

 

They forgot to put "terms and" when they copied and pasted it.

 

Do you think the chief executive forgers in MBNA will get a bonus this year!!!

 

HH

 

Know I've said this before, but since when did an application form (pre-contract) constitute an executed (post-contract) agreement anyway???

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

 

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I've had a "We are sorry we have not been able to send you a photocopy of the original for account xxxx, but hope you will find the enclosed copy { for another account} clear and easy to read and sufficient for your purposes. For the avoidance of any doubt, all of the necessary and prescribed terms are included in the agreement"

 

This is what they sent, everything seems to be there unfortunately, except it is hardly legible. If anyone could pick holes in it I'd be very gratefull. It was taken out in 1994 I did think they wouldnt be able to produce the goods.

 

mbna0013ccaedit.jpg

 

mbna0013ccapt2edit.jpg

mbna0013ccaedit.jpg

mbna0013ccapt2.jpg

Edited by griffin036
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That's what I got for 1 of our accs. way back in .......... and most people on here have reacted favourably :p

 

Quote:

Originally Posted by AA99 viewpost.gif

MBNA Acc.1. This is what I got :confused:

http://i390.photobucket.com/albums/o...ecforCCA-1.jpg

 

They have admitted they don't have a copy of the original that bears your signature. I'd be very happy if I were you:-)

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hi

just wanted to say so sorry i was getting stressed with the calls and knew we were all watching this thread , so won't do it again

 

Almond, don't worry:) I've posted on your other thread with a few ideas.

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

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Since receiving that agreement I had a letter from MBNA saying here's the current terms but "we are unable provide you with a photocopy of the original".
That means they have tried to comply with the CCA in sending you the current terms, which are required as part of the documents needed, but are attempting to tell you this is all they need to send.

 

To actually comply they have to send a copy of either your actual agreement, or one that is identical in form and content to what you would have signed (ie from the same time as when you opened your account), along with the historical terms.

 

They will however not accept that this is not complied with now, and my guess would be that you get the standard 'sod off, we're perfect' letters when you try and tell them they're wrong.

 

The interesting bit in their statement is the 'unable to provide you...' one. Does this mean they actually can't copy it as they don't have it, or simply that they haven't had a good look for it??

 

Have you tried SAR'ing them yet? If not, get one out, including a para that specifically asks for the agreement and anything that goes with it (I have one with this in if you would like a copy).

 

I've had a "We are sorry we have not been able to send you a photocopy of the original for account xxxx, but hope you will find the enclosed copy { for another account} clear and easy to read and sufficient for your purposes. For the avoidance of any doubt, all of the necessary and prescribed terms are included in the agreement"

Griffin, I reckon the same applies to your letter, but they've attempted to tell you that the account you've asked for the agreement for is enforceable because your other account has the prescribed terms. (I haven't actually looked properly at your agreement so I'm not saying it does have them on, I'm just following your lead with that one!)

 

If both accounts were taken out at the same time, chances are they have complied with the Act as this is probably what you would have signed. That doesn't mean it's enforceable though, as again, does the line that they can't provide you with a copy mean they can't find it or haven't looked properly yet?

 

If they want to enforce they need to show the actual agreement, or copy of it. Section 78 only goes so far for them too, so saying that this other one has the terms on it does not mean that a) they have your other agreement, b) that that agreement is signed by you or c) that it has the prescribed terms on it.

 

Again, I think an SAR is the way to go.

Time flies like an arrow...

Fruit flies like a banana.

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Griffin, I reckon the same applies to your letter, but they've attempted to tell you that the account you've asked for the agreement for is enforceable because your other account has the prescribed terms. (I haven't actually looked properly at your agreement so I'm not saying it does have them on, I'm just following your lead with that one!)

 

If both accounts were taken out at the same time, chances are they have complied with the Act as this is probably what you would have signed. That doesn't mean it's enforceable though, as again, does the line that they can't provide you with a copy mean they can't find it or haven't looked properly yet?

 

If they want to enforce they need to show the actual agreement, or copy of it. Section 78 only goes so far for them too, so saying that this other one has the terms on it does not mean that a) they have your other agreement, b) that that agreement is signed by you or c) that it has the prescribed terms on it.

 

Again, I think an SAR is the way to go.

 

Lexis - I reckon the reason why they havent got it is because the account was originally opened with GE Money in 1997 and taken over by MBNA in 2001. The agreement they sent was taken out in 1994. So I'm not too concerned with the account they cant find the agreement for , more as I say trying to pick holes in the one they have sent.

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heres what i recieved from mbna.....abbay credit card

 

http://i727.photobucket.com/albums/ww279/kaz446655/abbeyccafront.jpg

 

http://i727.photobucket.com/albums/ww279/kaz446655/abbeyccaback.jpg

 

and the best from alliance and leicester....

 

http://i727.photobucket.com/albums/ww279/kaz446655/aandlfront1.jpg

 

http://i727.photobucket.com/albums/ww279/kaz446655/aandlback.jpg

 

and yes the quality is that bad im not sure if it is printed in english or not.

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