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    • Thanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe concenquences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points?
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
    • Please go back and read my message posted at 10:27 this morning @jk2054. I didn't say that I wasn't going to provide documents, only that I will upload them to an online repo that I am in control of, and that I would share links to these. You shall still be able to read and download them no different from if they were hosted here. And, the issue I have is not so much with hosting, but using an online pdf editor to create a multi-page pdf, again I have discussed this that same message.
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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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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.
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      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
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All MBNA Caggers Fight Against MBNA's underhand tactics


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BRW

 

Hello Folks!

 

Here's the skinny on s173:

 

Time to shove s173 up MBNA's pipe I think, then all have a little word with the OFT while MBNA's eyes are watering.

 

Cheers,

BRW

 

My eyes are watering just thinking about it :lol::lol:

 

Should I volunteer as I've had the relevant paperwork???

 

Absolutely:cool:

 

Original quote by underdog

 

Maybe wait for termination before pointing out their errors?

 

 

Original qote by SB100I'm in no real rush to commence my new career as a crash test dummy :wink:

 

Caution is good:D

 

 

Original quote by BRW

 

Very good point.

 

OK, hold fire Caggers, wait until you can see the whites of their eyes, then let rip in s173 volleys. :grin:

 

Perhaps we could renew the call for a Mass MBNA massacre :lol::lol:

 

 

A question asked.. "has anyone received a termination letter from MBNA"

 

It doesnt appear so.. People seem to receive threats of this, but as far as I can see, the only way to tell if this has happened is the way in which Fairyblue found out.. by chance.. by looking at the communications log received in the SAR.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170484-fairbyblue-mbna-restons-court-57.html#post2212677

 

:D

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I just followed my own suggestion above and discovered that DCRI are actually MBNA!!

 

Am I the only one who didn't know this!! lol:p

 

Yep, they certainly are. I had a letter of them the other week saying my debt with MBNA had been placed with them. Now today have had a card in an envelope from Allied International Credit saying that any payments must be made to them. Wish they would make their minds up !!

The contact name on card is... wait for it Mr A Dickey :lol:

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Originally Posted by WelshMam2009

I just followed my own suggestion above and discovered that DCRI are actually MBNA!!

 

Am I the only one who didn't know this!! lol

 

Nope, I didn't either wm:D

 

Kind of explains why they haven't been in touch again after I told them to talk to MBNA though:lol:

Time flies like an arrow...

Fruit flies like a banana.

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Subbing to this, as just CCA'ing MBNA in respect of VIP &Virgin cards.

 

I HAVE a photocopy of the original form I signed and returned for the Virgin card, as it was my first credit card - so lets see what comes back....

 

Mike

 

Please keep us updated on what you receive, Mike. If they send you anything that deviates from your original copy, it could have huge implications:D

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Regarding MBNA asking for the full balance, doesn't Schedule 1 or 3 of the Enforcement, Default, Termination regs 1983 allow them to ask for the full balance, provided their letters are in the correct form and they have a right under CCA74 section 76 or 98? (Sending a Default Notice under section 87/88 isn't the correct form).

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Please keep us updated on what you receive, Mike. If they send you anything that deviates from your original copy, it could have huge implications:D

 

 

I know - was tempted to let them know in the CCA request that I had a copy of the original letter, but then thought better of it - let them dig a hole and all that...

 

Mike

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Regarding MBNA asking for the full balance, doesn't Schedule 1 or 3 of the Enforcement, Default, Termination regs 1983 allow them to ask for the full balance, provided their letters are in the correct form and they have a right under CCA74 section 76 or 98? (Sending a Default Notice under section 87/88 isn't the correct form).

 

 

Section 76 doesn't apply -

(6) Subsection (1) does not apply to a right of enforcement arising by reason of any

breach by the debtor or hirer of the regulated agreement.

 

and neither does 98:

(2) Subsection (1) applies only where—

(a) a period for the duration of the agreement is specified in the agreement,

...

(6) Subsection (1) does not apply to the termination of a regulated agreement by reason of

any breach by the debtor or hirer of the agreement.

 

and both have the same other restrictions as 87/88

 

H

 

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I know - was tempted to let them know in the CCA request that I had a copy of the original letter, but then thought better of it - let them dig a hole and all that...

 

Mike

 

Definately! Never warn them that they are about to step into a bear trap; just sit back and relish the carnage:D

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Please keep us updated on what you receive, Mike. If they send you anything that deviates from your original copy, it could have huge implications:D

 

My SAR revealed the same A&L application form as the copy I had retained.

 

However, it may be worth bearing in mind that it seems to be the MBNA agreements themselves which may be contentious as opposed to the bought accounts. The application forms for the latter appear to be retrieved from the original OC.

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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Subbing to this, as just CCA'ing MBNA in respect of VIP &Virgin cards.

 

I HAVE a photocopy of the original form I signed and returned for the Virgin card, as it was my first credit card - so lets see what comes back....

 

Mike

 

 

Thats great ! Out of interest is it enforcable ?

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i have the comms log but i would not have a clue where to look as none of it makes sence to me

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 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Pompey, in the MBNA comms log, near the end of it, you will probably find something like "Charge Off Code A" and "Sold to xxxx".

 

If you want, I can scan up ours that has the termination so you can see what you are looking for?

 

H

 

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Hi All

 

Just a silly question, does the charge off come before they issue a default notice or is it the other way round?.

 

Gaz

 

Charge-off is them writing the balance off against tax, so it is them giving up on regaining the balance, so could be argued as a form of termination...

 

 

GIven this, Chargeoff should come after the expiration of the Default Notice HOWEVER, MBNA have a habbit of charging off before issuing a Default Notice, then sell part way through the Default Expiry to a company that could not run the account.

 

H

 

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Charge-off is them writing the balance off against tax, so it is them giving up on regaining the balance, so could be argued as a form of termination...

 

 

GIven this, Chargeoff should come after the expiration of the Default Notice HOWEVER, MBNA have a habbit of charging off before issuing a Default Notice, then sell part way through the Default Expiry to a company that could not run the account.

 

H

 

And if Securitised, they do not own the debt?

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I have a virgin account that was charged off in early 2008,when i asked why i had not received a default notice they stated in a letter that they didnt need to issue a DN to charge off the debt they only issue DN's when they take legal action.

 

What a bunch of monkeys they are.

 

GG

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Hello H!

 

Charge-off is them writing the balance off against tax, so it is them giving up on regaining the balance, so could be argued as a form of termination...

 

GIven this, Chargeoff should come after the expiration of the Default Notice HOWEVER, MBNA have a habbit of charging off before issuing a Default Notice, then sell part way through the Default Expiry to a company that could not run the account.

Absolutely.

 

Charging Off before a Default Notice, with no intention of selling the Agreement to another bank capable of keeping the Agreement going, is a pretty clear indication that they have no intention of allowing the alleged default mentioned in the Default Notice to be remedied.

 

Put another way, it is quite acceptable for one bank to sell an Agreement to another, if the latter is simply going to take on the running of the Agreement with the Consumer.

 

Like, say, A&L, Amex or Abbey Cards being sold to MBNA, where it was mainly a change of Logo, the Cards just carried on as before.

 

So, MBNA could, in theory, sell their Cards to CapitalOne and, provided CapitalOne kept the Cards running, then it would simply be a bank to bank handover. A Default Notice could be issued by MBNA, and within the 14 days the Agreement could be sold to CapitalOne, and within the 14 days be remedied by the Consumer, thereafter the Card carries on as if no Default Notice had been issued, and the Consumer ends up using the same Agreement but with a CapitalOne Logo on Statements and on the next Card issued.

 

However, in that situation, I'm not sure that MBNA would Charge Off the Debt. But it's possible. If, for example, the Agreement had a £10k Debt on their books, and they sold it to CapitalOne for £5k, then they would be entitled to enter the £5k below the book value as a loss upon sale, and they may well be able to call that a Charge Off.

 

The key I think is therefore who they sell the Debt to. If to another bank wholly capable of keeping the Card going, then Charge Off would not then be Termination.

 

But if they sell to a DCA, who is wholly incapable of keeping the Agreement going as it was before, then I'd argue that Charge Off in that context would be Termination, as MBNA clearly had no intention of allowing any Default Notice to be remedied, either by them, or by the DCA who they will know cannot keep the Agreement running.

 

One thing seems certain, in that situation, the Agreement has changed dramatically. But, has it been Terminated? I would think so, but others may have other views.

 

Is there a legal definition for Charge Off? Any Accountants out there?

 

Cheers,

BRW

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Charge-off is them writing the balance off against tax, so it is them giving up on regaining the balance, so could be argued as a form of termination...

 

 

GIven this, Chargeoff should come after the expiration of the Default Notice HOWEVER, MBNA have a habbit of charging off before issuing a Default Notice, then sell part way through the Default Expiry to a company that could not run the account.

 

H

 

 

Hi Heliosfa

 

Thanks for explaining that, just that MBNA charged off mine 0n the 31.12.2008 give me a DN on the 9.1.2009 remedy date 26.1.2009 then sold it on the 21.1.2009.

 

Gaz

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Hi Heliosfa

 

Thanks for explaining that, just that MBNA charged off mine 0n the 31.12.2008 give me a DN on the 9.1.2009 remedy date 26.1.2009 then sold it on the 21.1.2009.

 

Gaz

 

Maybe the Tax man would be interested in those dates. Clearly charging off before the year end, yet still persuing and operating the account in new financial year, if indeed December is their year end.

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