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    • https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/page/4/#comments https://www.consumeractiongroup.co.uk/topic/404240-arrowshoos-spc-old-newday-aqua-credit-card-debt-claim-dismissed-no-dn/page/4/#comments default notice win  https://www.consumeractiongroup.co.uk/topic/407490-meiii-cabotnolans-spc-claim-old-yorkshire-bank-loan-2nd-claim-dismissed/  
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    • With regard to your question on post 207 if you bring in the points that I made on the validity of the contract they are supposed to have with Peel holdings then mention that there are already doubts about the validity of the contracts that are being used by the PPCs and the OPS is a classic example. Once you are on there you should then try and get your other point in after that.   if it is in connection with the extra charge of £60 remind the Judge that the charge has been defined by many Court across England that the charge is an abuse of process which was covered in PE v Beavis at point 198    " The charge has to be and is set at a level which enables managers to recover the costs of operating the scheme"  IE the £100 charge covers all their expenses so nothing should be added.   as their WS claims an extra £60 that could be judged as perjurious since it is an additional sum that should be known by VCS and the author of the WS as a double recovery. Especially as they have already lost in Court for the same reason.   Another cause to prove that they do not comply with their Code of Conduct. file:///C:/Users/User/Downloads/CamScanner%2008-05-2020%2016.34.59.pdf  Byelaws are statutory not arbitrary as their WS said on no .42 .   Best of Luck.   The above URL does not work but this one does http://forums.National Consumer Service.com/index.php?showtopic=133001    [20.1 is where  VCS  lost then 20.2 where they appealed and lost again . But read the whole thread as it may help you in other ways too.
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    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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All MBNA Caggers Fight Against MBNA's underhand tactics


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Red letter day for me from DLC...so why did I burst out laughing??!! :confused:

 

Decided you lot are a really bad influence on me and you all must learn to take these bankers and their allies seriously!! ;)

 

So there!! :p

 

Well if they ever start acting correctly and stop talking through their trousers, I might be able to take them seriously;):)

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Not sure if this should be a new thread or what?

 

I sent MBNA (virgin) a CCA request on April 20th with £1. No reply just phone calls and e mails for payment .

Then follow up letter 12 days later. Same result , nothing other than phone calls.

Informed the account manager that she should refer to the letters and the account was in dispute.

She became very animated ,said no record of letters and hung up.

Today a letter came saying they have no phone numbers for me and if I do not call them within 10 days they will take action to recover in full ,register default etc

 

what action should I now take, any pointers appreciated.

 

thanks in anticipation and hope I am not hijacking?:confused:

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Did you obtain Royal Mail proof of delivery for your CCA requests?

 

If they have in fact received your request they are now in default of the Act by virtue of s.78(1) and may not enforce the agreement pursuant to s.78(6) and you should write to tell them so.

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So far MBNA have written to me and "withdrawn my credit line" (??) and again advising they have "placed a restriction on the account".

 

Nothing else (apart from standard replies to CCA requests and SARs) ;):cool:

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Battler, hope you are one, they will do all they can to get you to talk on the phone, if you do, record or at the very least log them. They insist in all their various forms of Terms & Conditions that if you want to terminate the agreement it can be done in WRITING, so don't let them tell you they are a telephone bank.

 

ps. you were in the right thread, we just get delirious from time to time, I wonder why :cool:

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Thanks AA,

the letters were sent recorded delivery,so I will track them.The account manager was told about them and that it was now in dispute, yet the latest letter has no ref. to any of this.

Can they default me, if they say they never had them and deny the calls.

 

Fun Time! Thanks for the help.

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We've both had the same letter Battler! Actually I think its the second one of these I've had but I haven't bothered to check yet. I'm interested in any answers to the questions you posed as I'm at a similar stage with them.

 

Readers may like this quote from their latest letter:

 

"Customers who do get into financial difficulties usually talk to us and the problem can be resolved to our mutual satisfaction".

 

Their specialists are available 9 to 5 Mon to Friday apparently. I thought they were open evenings and weekends too? Have I been moved up a tier so I get the boys that only work 'office hours'?!

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Can anyone advise, does the creditor have to sign a credit card agreement ?

 

Yes, although this can take the form of a stamped signature and date. If they dont sign it its not a properly executed agreement but its enforceable by a court.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Thanks AA,

the letters were sent recorded delivery,so I will track them.The account manager was told about them and that it was now in dispute, yet the latest letter has no ref. to any of this.

Can they default me, if they say they never had them and deny the calls.

 

Fun Time! Thanks for the help.

 

I had a letter from the VP categorically stating they had not received 4 letters I'd sent. That'd be the four letters sent recorded delivery, signed for by them at the offices, and that were included in the SAR I'd received not long before getting her blatantly lying letter...

 

Do not trust MBNA. Always send recorded delivery at least, and track it after a couple of days to make sure it's got there. If you find it has been delivered, see if it was before or after the account manager said it was there - if it's before then add that into your next complaint letter!

 

One last thing is I would strongly recommend (if you can afford it) getting a recorder for the phone. Argos do a basic mp3 version for about £30 which we have which is fine, or if you can afford it I've heard nothing but good things about the Truecall sold on here for about £100.

 

You don't need to tell them you're recording the call (they must tell you as a protection for them against you getting abusive etc towards them - they are considered a professional business so are assumed to be telling the truth/staying calm etc), it does mean though that you end up with some very interesting snippets to keep/use against them. If you ended up in court you couldn't use the actual recording as it's done without their knowledge, but you can make a transcript of it and have the tape their just in case the judge wants to hear it:) Just make sure you get them to say their name and the company they are calling from (and if you've asked for no phone calls, if possible get the name of the manager who's on who authorised your number on their list!)

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

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Hi Folks,

 

Just to let you know that we have just received a cheque from MBNA for the remainder of our charges (including contractual interest) :D:D:D

 

Accompanying the cheque is the usual 'we don't accept that we are in the wrong' type letter, however paying up in full speaks for itself doesn't it!

 

We're not going to go mad with the money as we intend to use it all to pay bills etc, but it's certainly put a huge smile on our faces this afternoon - that and the fact that our gorgeous Son is coming home from uni for the weekend:D

 

Anyway, I couldn't have done it without the help received from everyone here, so a big thank you to you all.

 

Just need to get on top of all the others now - Lloyds, Swift, Sainsburys, M&S etc etc.....

 

Regards,

 

A very happy Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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We've both had the same letter Battler! Actually I think its the second one of these I've had but I haven't bothered to check yet. I'm interested in any answers to the questions you posed as I'm at a similar stage with them.

 

Readers may like this quote from their latest letter:

 

"Customers who do get into financial difficulties usually talk to us and the problem can be resolved to our mutual satisfaction".

 

Their specialists are available 9 to 5 Mon to Friday apparently. I thought they were open evenings and weekends too? Have I been moved up a tier so I get the boys that only work 'office hours'?!

 

Yep ,Thats the letter!

So, I intend to send a copy by return, registered of course, and see what happens.

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well done Landy! big congrats!

I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.

 

Victories:

Abbey (OH) - £680 ..... Barclaycard (OH) - £2200 ..... MBNA (OH) - £1800 ..... Shop Direct (OH) - £220

Brunell Franklin (a.k.a. Conkers) - Out of "contract" & no charge

:D

 

In Progress:

MBNA (OH) - PPI & bad default with premature termination

Capital One (OH) - ~£800 Penalty Charges

Suzuki Finance/Blackhorse (OH) - Commission, Unlawful removal, PPI, Charges

 

A Lightbulb Shop - "loss of bargain"

 

If i've helped, please feel free to hit the star ;)

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well done Landy! big congrats!

 

Hi Heliosfa:)

 

Thank you! I will update my thread later and give a timeline of my claim in an effort to help others in their fight. In the meantime everyone should keep on at them as this proves they're not such a hard nut to crack as I had thought!

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Well done Landy! Will read your update later :)

 

Thanks AA!

 

Have updated my thread, so hopefully it will give other MBNA peeps an idea of the process I went through:D

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Congratulations Landy on your success against MBNA.

 

Gaz

 

Hi Gaz,

 

Thanks for the congrats! Unfortunately it doesn't end there though as there's still PPI to get back (with the FOS) and OH has another account with them too - so it's still a work in progress. However, just to have achieved one success feels great:D

 

I've noticed one or two people getting some money back off them, so I'm just hope this is the beginning and everyone else here will soon be as fortunate!

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Thanks AA!

 

Have updated my thread, so hopefully it will give other MBNA peeps an idea of the process I went through:D

 

Regards,

 

Landy x

 

Please post a link, you have so many threads :eek::D

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Basa48 Have you had a reply yet regarding your letter in post 834 would be interested to know as were at similar stagesx

 

Yeh ... got a letter threatening "Legal Action". The date for action was a little while ago!!

 

But I'm pretty sure it wasn't as a response to my letter.

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