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    • Hi   I hope this is the right place for this post. I dont know a great deal about eviction so I'm seeking some expert advice if possible 🙂 My daughter has received a 6 months section 21 notice which, as she has just given birth to my granddaughter, has caused her stress hence me trying to help her out. Today the landlord has also asked for one months notice if we do manage to find her another place. Is this correct? She currently has a fixed term notice that ends in february and I assume she'll then go on a rolling contract so I'm assuming that it is 🙁 TIA 
    • If I have the correct local authority check these links :    https://www.richmond.gov.uk/services/roads_and_transport/roads_and_road_works/road_and_pathway_maintenance   https://www.richmond.gov.uk/services/roads_and_transport/roads_and_road_works/road_and_pathway_maintenance/road_and_highways_obstuctions   second link has the following :   Builders' skips – check if a skip is licensed before reporting Scaffolding or hoardings Builders materials Temporary works including traffic lights - check if temporary works are scheduled before reporting Overhanging tree branches, hedges Mud/debris on the road Mixing concrete or mortar on the highway Unauthorised vendors or traders Encroachment of highway boundaries * Discharge of water onto the highway Blocking "Rights of Way" Plants and bushes Illegal signs
    • I would challenge all the way ! Check one of my posts as I had a similar issue with my local authority , tree branches and bush covering sign. Took photos same day and a week later lo and behold the branches were cut back. Not my issue the council does not maintain the highways. Looking at your photos how could you tell there were any lines? Of course the council threw it straight back so I appealed and went to the next level and submitted my photos as evidence , they backed down then although still did not admit defeat and stated it as a goodwill gesture... I got some great advice on here so don't be stressed or worried follow the guidelines on here. Either way they are going to try to force you to pay so don't give the @$$ holes an easy ride....
    • Morning Caggers. Hope everybody is safe and well.   Ok will try to make this brief as possible !  Got an early xmas gift from Minster Bay watch in York while working on a site on a retail park, Vehicle overstayed max period (2 hours) . Basically had a short contract with the NHS delivering and installing IT equipment to one of their offices based on the retail park above one of the retail stores. The signage stated two hours max parking , spoke to receptionist who said he would put me on the exclusion list while I was there. Basically has me entering at 8.12 and exit at 15.00 ( to grab some lunch )  although I was there until 6.30pm at night still working. So in theory 8.12am till 18.30pm To add into the mix the car I was driving was just purchased on the 7th Nov and the charge letter dated 10th Nov so again in theory the transfer of ownership was not in my name then , I notice on letter it states we may have obtained your details from DVLA. I actually got the V5 today stating acquired vehicle on 7th Nov   So in the letter column on left is as follows:   Charge notice no ***** Date of contravention - 10/11/2020 Vehicle reg - My current vehicle Vehicle make - - Current vehicle Vehicle model - Current vehicle  Charge value - £100 Date of issue - 20th Nov  Location - Heslington Retail Park - York - YO10 5LA   I have attached a pic of the main body of the letter they are of course offering a discount of £60 ....how jolly nice    So best course of action?   1) Tell them I was driver\owner but working for the NHS with proof of site visit and exemption and lay it on thick about being NHS worker?  (although I imagine it won't make a difference)  2) Deny all knowledge as technically I was not the owner at that point and ask them to prove it  3) Totally ignore and wait for the toilet paper...sorry threat o grams?   I have now left that contract but still have my NHS badge as proof of employment   Thanks NTD...
    • Fraudsters are using the details of firms we authorise to try to convince people that they work for a genuine, authorised firm. Find out more about this ‘clone firm’. View the full article
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R Vs MBNA


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Hi Folks,

 

Here is my 1st letter to MBNA

 

12th January 2009

 

MBNA Europe Bank Limited

PO BOX 2001

Chester Business Park

Chester

CH4 9WZ

Dear Sir/Madam

 

Re:− Account/Reference Number

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

Here is their response:

 

ZERO RESPONSE

 

Here is my 2nd letter to MBNA:

 

02nd February 2009

 

MBNA Europe Bank Limited

PO BOX 2001

Chester Business Park

Chester

CH4 9WZ

Dear Sir/Madam

 

Account/Reference Number

Re: my request under the Consumer Credit Act 1974

 

I wrote to you via recorded delivery on 14th January 2009 requesting a true copy of my Credit Card Agreement with you under the Consumer Credit Act 1974. To date this request has not been fulfilled. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter dated 14th January 2009.

 

Unfortunately, it would appear my request remains outstanding. As no response has been sent following my request I am unable to ascertain if I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 28th January 2009 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, or administer any further charges to the account. Additionally, you are not entitled to register any information regarding this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

In summary. I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

Here is their response:

 

MBNA101.jpg

 

MBNA11.jpg

 

MBNA21.jpg

 

MBNA31.jpg

 

MBNA41.jpg

 

MBNA51.jpg

 

MBNA61.jpg

 

MBNA71.jpg

 

MBNA81.jpg

 

MBNA91.jpg

 

MBNA111.jpg

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I had the same rubbish from them re: my virgin card, I sent a letter headed formal complaint and addressed it to the company secretary @ their registered address... in this I said I wasnt happy with my s78 response and demanded my agreement under S78..

 

They sent a 2nd reply with a very illegible microfiched copy of an agreement slip, methinks they have shredded a vitally important legal document :mad:

 

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I'd send a subject access request, and ask specifically for the consumer credit agreement, as it doesn't look like they have anything.

 

Was this originally with MBNA or did they buy it from another card?

 

Have I not already made this request in either of my 2 previous letters?

 

Is there a template for such a request?

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What they have sent may well be compliant under s 78 as a 'true copy' so further requests under s 78 are not needed.

 

I would try PT's letter which is a little different than the norm (adapt it to suit your needs and don't bother with the £1 again):

 

Dear Sir/Madam

 

Re:− Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxxxx

 

With reference to the above agreement, I require that you provide me a true copy of the credit agreement

 

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed together with a copy of current terms and conditions and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement of account as laid out also within Section 78(1).if there weren’t any terms and conditions then please confirm this in your response

 

I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974.

 

I note that section 172 outlines that statements by creditors are binding where made under inter alia section 78(1) and I take this to be that any reply made in response to this request is binding upon you. Therefore you should ensure that all documents request are supplied. Any missing documents will be considered not part of the agreement and could therefore affect the enforceability of anything you send.

 

I understand that Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt

 

Should you fail to comply with my request as outlined above, I shall consider the account in dispute. I am aware that where a creditor fails to supply the requested information the creditors rights to enforcement are restricted until such time as they comply. I am also aware that there are certain terms that are required to be within the “Agreement” and should these terms be mis-stated or not present the agreement can be rendered unenforceable in law.

 

Notwithstanding the above, I note that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) at Regulation 3 allows the Signature box and signature to be omitted in a copy document but the copy document must contain all the terms off the agreement contained within the signed executed original document

 

I respectfully request that you provide a copy of the original agreement signed by myself that you hold on file and while I accept that you can omit the signature box for the purposes of compliance with my request, you will be aware that any challenge to the agreement in court would require the signed copy of the original agreement. If you still reject this, please provide clarification on the status of the Original Credit Agreement and confirm either that you hold the original signed agreement on file or a copy of it on microfliche or that you no longer hold the file

 

Also please provide details of who I may address a subject access request to under the Data Protection Act 1998 section 7 so that I may obtain a copy of the original agreement should you fail to forward a copy in respect of this request

 

Therefore I look forward to receiving this information within the time frames as indicated above

 

Yours faithfully

 

XXXXXXXXXXXX

 

It's already been two weeks since they said they would get the original and you haven't received it so i would try this approach.

 

When was this card applied for initially?

 

For future reference here are some relevant acts to throw at them later:

 

s61 CCA - Signing of agreement:

(1) A regulated agreement is not properly executed unless—

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

s127(3) CCA:

(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

Wilson v Hurstanger:

 

"...Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under section 61 that all the terms should be in a single document, and backed up by the provisions of section 127 (3), ensure that these core terms are expressly set out in the agreement itself:

they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them."

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi Folks,

 

My continued thanks and gratitude to those that assist me in my posts - It is very much most welcome

 

Here is another letter received from MBNA today:

 

MBNA20Feb0911.jpg

 

MBNA20Feb0921-1.jpg

 

MBNA23Feb0911-1.jpg

 

MBNA23Feb0921-1.jpg

 

MBNA23Feb0931-1.jpg

 

whats their game? Letter as posted above still warranted??

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Difficult for me to call either way to be honest. They have come up with what looks like the other side of the signature form.

 

Could this be on the back or classed as a separate document i wonder.

 

As it states 'Financial and Related Conditions' I would suggest you look at this post:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html#post1894949

 

And here:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html#post1897679

 

Hope someone with more specific knowledge on this can pop by for you to clarify matters.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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My own view is this is a seperate document that they have 'attached' shall we say to the front of my original

Not sure how business reply works - but surely it would have a franking mark where it had been stamped?

 

I cant recall the document - but will hunt for the original - I assume if they have 'attached' it then this is highly illegal and is fraud?

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  • 2 weeks later...

So if I understand correctly, when you fold that over with the address on the front the t&c's will be on the back- with the application form on the other side?

 

I can't see that being ethical / sensible, even for MBNA. Furthermore, I'm sure one would remember an 'envelope' with the t&c's clearly open and visible on the reverse side?

 

It does, however, look convincing- and similar to what they sent me except for the addressed side of the 'envelope'

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Getting 4 or 5 phone calls a day from these now

Am getting a little scared about it all and being to wonder if it is theright thing to do

 

Can somebody please review this thread and console me that I am at the right point and no further action is needed at this point

 

thanks

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I would post a link to post 8 (permalink) of your thread to this one:

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

And see if people like PT2537 will have a peek and give an opinion.

 

The financial and related conditions looks like it has the Prescribed terms although in my view it's a question of whether or not it can be demonstrated the the signature page is on the physical reverse of that page.

 

I notice it says 'credit agreement' and not 'credit card agreement'. The seriousness of that omission i have yet to see put into practice effectively but what i have recently been stating is (others may have a view on the correctness of it):

 

"The documentation you have supplied refers to a Credit Agreement and not a Credit Card Agreement as strictly defined within the Consumer Credit (Agreements) Regulations 1983 SI 1983/1553. Therefore it is invalid for any purpose linked to a Credit Card account."

 

A good letter to send re phone harassment:

http://www.consumeractiongroup.co.uk/forum/cooperative-bank/186121-advice-needed.html#post2049885

 

A useful post re how to deal and log calls for future proof of harassment:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/126112-telephone-harassment-letters-not-5.html#post1537888

 

If you are struggling to pay or have stopped payments because you can't afford it then that's reason enough. Dodgy or valid agreement is immaterial compared to priority debts and keeping a roof over your head.

 

I would also raise the issue of being treated fairly (under the Banking Code) in respect to difficulties/worries/stress you are under. (It will be good to show later that you requested such ethical treatment and they didn't adhere to it - re calls in particular.)

 

I would call the National Debtline as i have found them quite friendly and reassuring in the past personally:

 

National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Sorry. Top right of each post window (next to the number of the post). Click where it says 'permalink'. That will change the address of the page in the address bar.

Copy and paste that to another thread and anyone who clicks on it will go directly to that post (not the beginning of the whole thread.)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 1 month later...

Hi Folks,

 

Latest 2 letters from MBNA. "nd one has frightend us a little - is it true?

 

 

MBNA15Mayletter11.jpg

 

MBNA15Mayletter21.jpg

 

Would appreciate if some kind soul would take a look at this thread to ascertain if it is enforceable and if we are at the correct point with everything in place

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Did you get PT's or Stevens view on the agreement post 8?

 

I would say that, in my view, you should assume that the agreement is valid until someone very knowledgeable points out otherwise as i know they look separate on the computer screen but if one page is the reverse of the other i could well be accepted by a Judge.

 

I am unfamiliar with charging orders so won't comment on that specifically only to say that if they were going to do it they would have done it already and their letter is an attempt to scare you into payment.

 

I'll ask CB to stop by and have a look and give some advice...

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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mercman, I have been asked to pop in and give some advice.:)

 

The documents provided to you are similar to others on the forums and are the subject of much discussion.

 

The 1st page, clearly states Priority Request form and bears no prescribed terms.

 

The 2nd page, it is very hard to believe that the Financial & Related conditions would have been on the form in that position because it would have been visible when returning.

 

The terms and conditions you were sent are current, certainly after 2006 when the OFT made the Credit card companies reduce their default charges.

 

All the other letters you have been sent where they have advised you that you are about to be Defaulted at the CRA and they notice you are a home owner are typical of the scare tactics this American company will use to intimidate.

 

The actions they have stated they MAY take can only be taken if and when they proceed to litigation.

 

If you have stopped payments then it is almost certain that MBNA have started to record late or non payments at the Credit Reference Agencies. You have not received a Default notice which is totally different and a precursor to termination and any further action ie litigation or DCA involvement.

 

I would advise you to send a Subject Access Request to MBNA. They should provide you with information regarding your account within 40 working days. Chances are, they will only provide you with a similar copy of the agreement/application. But who knows. From statements you will be able to see if default charges have been applied to the account. You can find a template letter for that here

 

You will need to send a postal order for £10.00

 

You could resend the "questionable agreement" letter which is here

 

Other template letters for telephone harrassment, etc can be found in the link in my signature. MBNA are very persistent so you will suddenly discover you are bombarded with letters such as you have already received. If you have given them access to your phone numbers, they will phone you from all over the world.

 

I would suggest you have a good read round other threads and see how other CAGers are progressing.

 

In theory, whilst MBNA are in breach of your CCA request, they shouldnt be behaving as they are. But they will.:(

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CB,

 

Many Thanks for taking the time to respond to my multitude of questions, it is greatly appreciated

 

I will send them a SAR letter today

 

your response has eased our fears greatly

 

Regards

 

 

Merc

 

mercman, I have been asked to pop in and give some advice.:)

 

The documents provided to you are similar to others on the forums and are the subject of much discussion.

 

The 1st page, clearly states Priority Request form and bears no prescribed terms.

 

The 2nd page, it is very hard to believe that the Financial & Related conditions would have been on the form in that position because it would have been visible when returning.

 

The terms and conditions you were sent are current, certainly after 2006 when the OFT made the Credit card companies reduce their default charges.

 

All the other letters you have been sent where they have advised you that you are about to be Defaulted at the CRA and they notice you are a home owner are typical of the scare tactics this American company will use to intimidate.

 

The actions they have stated they MAY take can only be taken if and when they proceed to litigation.

 

If you have stopped payments then it is almost certain that MBNA have started to record late or non payments at the Credit Reference Agencies. You have not received a Default notice which is totally different and a precursor to termination and any further action ie litigation or DCA involvement.

 

I would advise you to send a Subject Access Request to MBNA. They should provide you with information regarding your account within 40 working days. Chances are, they will only provide you with a similar copy of the agreement/application. But who knows. From statements you will be able to see if default charges have been applied to the account. You can find a template letter for that here

 

You will need to send a postal order for £10.00

 

You could resend the "questionable agreement" letter which is here

 

Other template letters for telephone harrassment, etc can be found in the link in my signature. MBNA are very persistent so you will suddenly discover you are bombarded with letters such as you have already received. If you have given them access to your phone numbers, they will phone you from all over the world.

 

I would suggest you have a good read round other threads and see how other CAGers are progressing.

 

In theory, whilst MBNA are in breach of your CCA request, they shouldnt be behaving as they are. But they will.:(

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