Jump to content


  • Tweets

  • Posts

    • 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  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      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
        • Like
  • Recommended Topics

Mbna


Capricorn1601
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3918 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 574
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Hi again caps, just to let you know I have got a letter from experto this morning - seems they have figured out that they have been quoting the wrong account number on thier letters - have you got one yet? I will update my thread with the letter. I want to know how we stand with this one. Rainbow x

Link to post
Share on other sites

Nothing in the post for me, from either MBNA or Experto. Havent had anything really from MBNA since the DN in December. Very quiet. :)

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

Link to post
Share on other sites

  • 2 weeks later...

Got my Experto letter apologising for the error in the account number. Makes no difference to me. Unlawful recind letter sent earlier to MBNA - terminated, and I wont let you reopen hehe.

 

As for Experto, no reply from bemused letter, so I will let sleeping dogs lie until I hear from them again.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

Link to post
Share on other sites

Capricorn,

Funny you should mention that about experto,they've ignored my letter to them as well,i shall resend it recorded now.

Incidentally do you think you can point me in the direction of a unlawful rescind template/letter so i can take a look and see if i should be doing the same please.

Link to post
Share on other sites

Hi

 

 

this is the one I sent them:

 

With reference to the alleged debt to your company, I refer to your Default Notice dated ***** 2009, posted second class and received by me on *******2009, and your subsequent actions confirming your previous written intentions to terminate the agreement.

 

Notwithstanding that the default notice failed to give me the required statutory time in which to seek legal advice and/or remedy any alleged defect, as laid out in s87 of the CCA 1974. Your actions have resulted in insufficient time for me to even obtain an appointment with a solicitor let alone remedy the alleged default. Your actions have lead to you unlawfully rescinding the agreement.

 

I hereby write to you confirming my acceptance of your unlawful termination of agreement.

Please be advised that failure of a Default or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 199 but it is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt (Wilson v First County Trust Ltd (2003) UKHL 40, Wilson V Robertsons (London) Ltd(2006) EWCA Civ 1088, Wilson v Pawnbrokers (2005) EWCA Civ 147) - but would also give the claimant a claim for damages in the sum of £1000 (Kpohraror v Woolwich Building Society (1996) 4 All ER 119).

Also note that you may not reissue a valid Default Notice without first reinstating the agreement, in which you need my written consent to do so. So consent will not be given.

Therefore I expect your response to be confirmation that the balance has been cleared and is now ZERO, and that any notes or defaults placed on my credit file will be removed with in 1 month.

You have 14 days in which to response. Please be advised that I reserve the right to commence legal proceedings without further notice.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

Link to post
Share on other sites

Have you been in touch with Experto? I took the zero response to mean they were ignoring me. Havent actually asked them if they received by bemused letter.

 

The unlawful recind letter is for MBNA, not quite sure if you meant you would send this to Experto.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

Link to post
Share on other sites

Hi,

I rang experto to see if they'd received my bemused letter .they haven't,so will send a gain but recorded to make sure they get it.

 

Mbna said that they'd sold the account to experto and as far as they were concerned that's the end of the matter,no default letter supplied by them.

Presumably i have a case for unfair recission although i've read before on the forum that mbna are entitled to sell the account on without sending out a default letter,its all so confusing !

What's your take on it ? the cca they sent me a while ago is just an application form and been confirmed on here that it doesnt look enforceable but i've been making a token £5 payment anyway.

I think mbna have just been doing their usual and racking up enough charges on me to make the account attractive to a dca like experto.

Link to post
Share on other sites

\I would condense your letter to something along these lines

not a wise move at this stage to tell them of their failings

With reference to the alleged debt to your company, I refer to your Default Notice dated ***** 2009 and your subsequent actions confirming your previous written intentions to terminate the agreement.

I accep your unlawful repudiation of your obligations under the agreement and consider myself releived of any continuing obligations under it.

 

Kindly advise me of the true amount of arrears that were outstanding at the time of the unlawful termination of the agreement,against which i may have a counterclaim for damages.

 

Yours sincerely

 

 

XXX

 

 

 

Link to post
Share on other sites

Hi Blue Otter

 

No Dn eh? thats interesting. Well if MBNA have sold on the account then you should accept their termination. Not too sure how you would word it as unlike most of us you havent received a faulty DN. I have another case with LLoyds which I am waiting to know how to word it as their dates allowed the 14 clear dates, but they did not have the other prescribed format terms ( 2 faults to my knowledge). Not sure if this also makes my other DN faulty?

 

So back to Experto. Im sure you must have been told this before, but never ring them. Never talk to these people on the phone. If they didnt have your contact number before, they will now. Thats how they like to harrass you. I havent had any feedback from my letter. But as far as Im concerned they have received it. If a letter is not returned to me then I can deem it as been sent. Important ones I must admit I do sent recorded, and this has worked out well for me. I am currently taking action against LLOyds for failure to supply me with a SAR. The ICO have investigated and firstly came back to me and said LTSB didnt receive, but they had forgot that I sent the letter Recorded mail so I have proof they did. I also have letters where they have referred to the SAR.

 

For me. Im going to sit back and wait for their next move.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

Link to post
Share on other sites

  • 2 months later...

Just thinking the other day, it had all gone quiet. Tonight came home to an envelope from Experto containing another copy of my MBNA CCA. I didnt ask for this, and am left wondering what their next step is likely to be. Any clues anyone?

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

Link to post
Share on other sites

Hi Capricorn - Dotty referred me to your thread - I (my OH) to received a copy of my CCA from Experto - um should I say Application Form!!! and reference for me to contact them. Subbing

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

hi there LB145, welcome onboard.

 

Nervous times ahead. Both my disputes have been quiet for months but now both have crawled out of the woodwork. I could really do without their hassle and am unsure what to expect. I will post up as soon as I receive anything from either MBNA or Experto.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

Link to post
Share on other sites

Just realised my 1st year anniversary of standing up against these muppets and requesting a copy of the CCA's (several accounts) has passed this week - I think I'll save the bubbly for the day that I can wave goodbye to them! :p

 

My other MBNA (Account 1) is waiting for Direction from Courts - that was not purchased by a DC - straight to court! read my thread it makes interesting reading!

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

  • 6 months later...

Hi all

 

well all has been quiet on the MBNA front since the out of the blue copy of my application form was sent without request from Experto Credite. Tonight I have received this:

 

SETTLEMENT OFFER

 

We are writing with regards to the above account. Despite our attempts to bring this mater to an amicable conclusion, the balance on this account remains outstanding.

 

 

We are now prepared to accept a reduced settlement amount of 50% which will be accepted as full and final settlement of this matter.

 

 

blah blah must be in place by 30th November 2010.

 

 

 

Now for one thing what attempts to bring this mater to an amicable conclusion. I havent communicated with them, nor they with me??? I take it this is a standard letter and many more of you will be receiving yours if you havenot already done so.

 

It was my understanding that when MBNA defaulted me without sufficient notice before xmas, and I sent them a unlawful thingy letter, then legally all I do owe them is the outstanding amout ie the amount which should have brought my balance up to date, minus all the charges and interest whilst the account was in default.

 

Please advise on my next steps

 

 

Caps

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

Link to post
Share on other sites

  • 2 weeks later...

HI all

 

Had another letter, this time from Credit Management COnsultants, who claim to have been instructed by Experto Credite to recover the full amount. They want the money by 23rd November or are threatening to send a field agent to my house.

 

How should I proceed?

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

Link to post
Share on other sites

Hi Capricorn,

 

Had the same letter last week from them, not replied yet and may just file it. If you look at the bottom of the letter you will see that CMC are EC so I would not be too concerned.

 

It's coming up to the end of the month so I guess they have targets to meet!

 

From what I have read on here, the next letter will be a highly discounted F & F that you simply cannot afford to miss! :wink:

 

Just read your post on my thread, I see you have already had the discount letter!

 

Seems we are all going round in circles. :dizzy:

Edited by Dotty50
Link to post
Share on other sites

  • 2 weeks later...

HI all

 

Another letter today, dated 29th November but arrived today 3rd December,

 

"As you are aware from our previous letter, we have been instructed by Experto Credite td to contact you in relation to the above outstanding debt.

 

You have disregarded all efforts to resolve this matter amicalbly. Failure to respond to this notice within 7 days of the above date may result in Solicitors being instructed to consider the following action against you:

 

A County court claim form being issued

A Judgement being obtained which will add costs and statutory interest

A baliff warrant may be served for seizure of the goods

An attachment of Earlings/Third part debt order

A charging order against your property

 

To avoid these possile legal proceedings being issued, you must contact us within 7 days....."

 

Any advise from anyone who has experience these low lifes please?

 

Should I respond and if so how? Do I leave it cryptic and say "with reference to your letter dated 29th November, received duly on 3rd December, I refer you to my letter to MBNA of 13th January"?

 

Please Advise

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...