Jump to content


  • Tweets

  • Posts

    • Replying to above  this was on the day that two store detectives approached me and my friend and took us into the back room and spoke to us when they explained they have been watching
    • as my learned friend above...and.. sadly because just like DCA's and initially yourself in this case, you believed they have some magical powers ...they DON'T. 85% of people blindly pay DCA's cause they know no better and think they are BAILIFFS. only the RETAILER can ever do court and none have done this on a silly member of joe public that did something stupid since the infamous 2012 Oxford case on retail loss. BAILIFFS can only ever be involved after you've been to court and lost a CCJ, fat chance re above... and anyway, no BAILIFF has any right of forced entry anyway on consumer debts even with a judgement so......... stop panicking and thinking everything that doesn't apply.. forget about them but p'haps a confidential GP visit might be a very good move... what slightly concerns me more here is:  who are 'them' that told you they'd reviewed a week of CCTV and come up with several shoplifting instances over that time amounting to the above? have you directly contacted or had contact from Sainsbury's? and know they HAVE done this? or is this DWF willy waving and they tricked you into  admitting several previous successful thefts... this is not the norm...  dx      
    • next step then await the N157 from her local court giving the time and date of a future hearing some month in the future. now she MUST file a witness statement 14 days (typically) to both the court and kearns .  so cant allow to much of a time lag before you are aware of that and get her WS done. wack us up 2 multipage pdf files please  one of what they returned for the CRP reply . and one for everything they sent back in 2022 you've found.  we do not need statements. ideally it would be nice to see their WS before hers is finally filed. dx  
    • Another interesting article in the Grauniad - Counterfeit barcode stamps furore carries echoes of Horizon scandal | Consumer affairs | The Guardian WWW.THEGUARDIAN.COM Royal Mail admits its scanners ‘make mistakes’ but stands by the process it uses to detect fakes as ‘robust’  
    • DWF can't do anything as they act for a client. In this case, Sainsbury's. Sainsbury's could take you to court and ATTEMPT to get a CCJ but it's unlikely. They had no interest in dealing with you at the time. All DWF can do is send out pointless threatograms. They'll threaten to divert an Iranian drone to your house if you don't pay. However, they can't attempt to get a CCJ against you. IGNORE THEM. It's more important now to understand why you were allegedly shoplifting, and you should speak with your GP and try and get yourself signposted to the support that's available.
  • 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 
      • 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 3892 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 Ang

 

Good luck. If you are writing to MBNA they tend to have their own rules. Keep us informed of what response, if any you get :)

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

All quiet on the Capricorn front, nothing from either MBNA or RMA. The calm before the storm perhaps? Or maybe scouring every corner of MBNA towers to find my agreement.

 

Off on my jollies next week, so Gail Powell if you are checking my thread, or Martin the less than 'Supple', Customer Assistance prat, think of me sipping a g and T in the sunshine. :D PS, it was paid for by the father in law and not on the credit card.

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 Ang

 

Good luck. If you are writing to MBNA they tend to have their own rules. Keep us informed of what response, if any you get :)

 

I sent 3rd reminder ohh and cheque today so will prob count the 12+2 from today as they are going to say they did not receive £10 fee.

Although they have not agreed that £10 will suffice they wanted £4.00 per statement lol.(jokers):shock:

 

Im really not worried now hubby had basic MBNA CC and totally out the blue he received a platinum card for special customers, there was no paper work to complete or return (only regret is he used it i spose):rolleyes: so I cant wait for them to produce signed agreement

Link to post
Share on other sites

I sent 3rd reminder ohh and cheque today so will prob count the 12+2 from today as they are going to say they did not receive £10 fee.

Although they have not agreed that £10 will suffice they wanted £4.00 per statement lol.(jokers):shock:

 

Im really not worried now hubby had basic MBNA CC and totally out the blue he received a platinum card for special customers, there was no paper work to complete or return (only regret is he used it i spose):rolleyes: so I cant wait for them to produce signed agreement

 

dont forget to count working days not calendar days!

Link to post
Share on other sites

unfortunately its like that. But if I am not mistaken thats where the CCA steps in with the credit limit and APR. I am assuming that the new platinum card came with a higher credit limit.

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

I sent 3rd reminder ohh and cheque today so will prob count the 12+2 from today as they are going to say they did not receive £10 fee.

Although they have not agreed that £10 will suffice they wanted £4.00 per statement lol.(jokers):shock:

 

Im really not worried now hubby had basic MBNA CC and totally out the blue he received a platinum card for special customers, there was no paper work to complete or return (only regret is he used it i spose):rolleyes: so I cant wait for them to produce signed agreement

 

Was this for the SAR or CCA? The SAR is 40 calendar days, the CCA is 12+2 working days......

Link to post
Share on other sites

unfortunately its like that. But if I am not mistaken thats where the CCA steps in with the credit limit and APR. I am assuming that the new platinum card came with a higher credit limit.

 

Hi Capricorn

 

Yeah it sure was 1st card £1300 limit second £3000. Can only sit it out now and wait so frustrating though. Hope you coping ok with your worries though keep me updated please :)

 

 

Ang

Link to post
Share on other sites

My platinum has a limit of 14K :eek:

 

but as yet MBNA cant find the CCA, and I fear they have run out of ink to put together a replacement one on their John Bull home printing set :D

 

Every night now is exciting waiting to see if Martin or Gail are going to say hi from MBNA towers, or even C Brown or R White from RMA, although I think if the later he has a problem sleeping!!!!! ;) (I'm a secret lemonade drinker, trying to give it up but its one of those nights........ R Whites).

 

 

I must truly lay of the gin!!!!

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, we same birth sign so maybe thats why we think along same lines lol.

 

Anyway im praying we got it right in our minds as it was the summer of 1995 :). Im sure we have, we have discussed it at some length deffo card just appeared in post.

Lets see wha they come up with, only point worrying me is if we hear nothing assume they have nothing are they allowed to turn up in court with signed CCA.

 

 

 

Ang

Link to post
Share on other sites

are they allowed to turn up in court with signed CCA.

 

Yes, they can and they have to. If you follow the advice on here and use CPR before the hearing, and if the case goes to court, you will also get to see it before it comes before the District Judge.

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

Link to post
Share on other sites

Or they turn up in court as they did with me with an unsigned blank application form and unsigned blank "credit agreement" and find their summary judgement dismissed!

 

That made me :) on a Friday morning

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

Link to post
Share on other sites

Yes - but if it went to court, you can request copies of all documents they are going to use through a CPR 31.14 request. This is when they should send you the agreement, should it exist.

 

They use the loophole in the CCA1974 that states they can omit details like signatures all the time. My argument is - if they have the original one, why not send you a copy of it? Saves time and hassle for both parties.....

Link to post
Share on other sites

True - if they state they no longer have the CCA, and this is in writing, then no Judge would be impressed. It's only if they use the loophole they so love that they would get away with it. However, if they still fail to produce if it got to the stage of CPR 31.14, THEN turned up at court with it - well that would be very naughty indeed!!

Link to post
Share on other sites

Then you can put it into dispute - you can send a letter to them. I haven't got the template saved on the PC I am using at the minute - but once that day comes, post on here and I will receive notification by email. I will then post up the letter you need :)

Link to post
Share on other sites

Hi Ang

 

The in dispute letter is as follows:

 

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the DATE I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On DATE a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents. These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the DATE I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(4) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled, while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 21 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I will be reporting your actions to any such regulatory authorities as I see fitI look forward to hearing from you.

 

Yours faithfully

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

Tonights update:

 

All quiet from MBNA and RMA. I'm sure they must be plotting something.. I can feel it!!!!;)

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

Tonights update:

 

All quiet from MBNA and RMA. I'm sure they must be plotting something.. I can feel it!!!!;)

 

 

I know that feeling:rolleyes: im sure we keeping them busy though:-)

Can only sit and wait, its so frustating!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...