Jump to content


  • Tweets

  • Posts

    • You should start putting everything in writing. Even the ombudsman, to begin a serious complaint by telephone is quite frankly crazy. I hope you have taken a copy of at least the advertisement that you have posted above.  I don't suppose that you kept a copy of the original AutoTrader advertisement.  How much in writing have you got of anything? I would suggest also that you telephone the ombudsman tomorrow and ask them for details of the complaint that they have received from you and tell them that you want it in writing.  You will be amazed how scant The records of which are kept by these people. Read our customer services guide and at least actually give you some idea of how you should deal with customer service people or any call handlers on the telephone.  It is very important that you get a written summary of the report which you made to the ombudsman so that you can see exactly what they are investigating. The complaint to the ombudsman should have been very carefully considered over a period of time rather than simply made in a phone call
    • Funnily enough the ad is still available online Range Rover 4.4 SDV8 Autobiography LWB Previously Sold | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire but the autotrader version isn't which was probably slightly different potentially with more information. Reported to FOS over the phone but essentially gave them the same information I've stated here, updating them that I'm paying for a car I haven't had for nearly a month now etc I'll certainly come back with an update. Fingers crossed they will realise it's not worth taking to court. So the inspection among other things found a hairline crack across a load bearing section of the chasis which at the minute to the naked eye looks tiny but could turn out to be catastrophic and has had some filler chucked on top of it but we'll see what Clinkards inspection comes back with. Distance wise I believe they're around 165-170 miles away from me. Also I'm sure many people will have PCP agreements as it's the most common way to buy cars under 5 years old but they just forgotten the terminology or name for it. Pay deposit, choose a length then pay the difference between value today and guaranteed future value at the end of that agreed term   Whole experience has scarred me and moving forward I'd be tempted to pay for a pre purchase inspection myself because these guys are bigggg traders with a lot of top end cars. I just hope they don't make any more silly offers
    • Strange final response. They say that they are still investigating but they are giving you their final response anyway. Seems like a load of nonsense. Have you got a copy of what you then sent to the ombudsman? Anyway, for the moment although would like to know – it really is all for curiosity because as you have put it into the hands of the ombudsman it's probably not worth doing anything more until you have a reply. I would suggest that when you decide to spend this kind of money in future on a used car, that you understand exactly what your rights are before you make the purchase. When you buy anything – and maybe especially used car you should realise that you aren't only paying for the car, you are also paying for a bundle of consumer obligations which are intended to bind the dealer. You are paying for a vehicle which is of satisfactory quality and remains that way for a reasonable period of time and you are paying for any defects which emerge to be addressed and repaired at the expense of the dealer. We've already pointed out that by purchasing the warranty, they have effectively persuaded you to pay for something for which you have already paid. Very decent of you not to want to cause trouble in respect of defects which manifested themselves within the first few weeks. I have no idea why. For £78,000…. This you say that they were age-related problems – that is still no reason why those defects should have been there or why the dealer should not have been responsible for them. It seems to me that you have a clear case against the dealer/the finance company. We don't have many or any PCP purchases on this forum. However, it seems to me that the finance company is probably responsible for the condition of the vehicle because effectively you have bought it from them and to that extent it should be the same as HP. With a hire purchase agreement, it is as if you bought the vehicle directly from the finance company not from the dealer and it is the finance company which bears all the consumer obligations. I think the only thing you can do is to monitor the situation. Update us when you hear from the financial ombudsman and if you need to take the matter to court then we will help you. In principle it should be straightforward – but certainly there is a risk of a serious bill for costs if you lose. I don't see you losing. Did you say somewhere that the report suggested that the vehicle was unroadworthy? Have you got the advertisement for the vehicle? Does it make claims for the vehicle which are clearly untrue? And by the way, four hours away from you is what kind of distance? Have you read our used car guide? Have you looked at the video?
    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
  • 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 and missing CCA


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

Thread Locked

because no one has posted on it for the last 4609 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

Hi Guyz & Gals,

 

Hope that everyone is well.

 

Can someone please explain to me section 142 of the CCA 1974. Reason is that upon filing two separate requests for my CCA (one officially to MBNA and the other in response to their solicitors), I still have not recieved a reply - and I was advised by someone that I can cover my side by quoting this section as they have failed both times in fulfilling my request.

 

I have been advised that under this section, because I have provided them with enough time, now they cannot suprise me with the CCA if the matter is taken to court - and I need to make this clear to them...can you guys advise further please...and if possible point me in the right direction...

 

Thanks

LK

Link to post
Share on other sites

You can send the dispute letter to them:

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.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 your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 78(6) 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 14 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 reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

Link to post
Share on other sites

Hi Clemma,

 

Many thanks for your response - if you don't mind can I just clarify something...

 

Am I right in thinking that, since MBNA are communicating with me through their solicitors (Restons), I can safely send this dispute letter to them?

 

Just to add to my previous post, my first request for a CCA was made directly to MBNA sometime in October 2008, together with a request for an SAR (made separately ofcourse). And my last request for a CCA was made to Restons (advising them of the fact that an official request was made to MBNA which has not been fulfilled). This was over 7/8 weeks ago, and to date I have not recieved any acknowledgement of any sort .

 

The SAR request resulted in loads of screen prints (one per page) form their system and a few copies of my latest correspondance. Is this what one usually gets? My SAR request letter was lifted from the pages of this forum.

 

Your advice would be most appreciated.

 

LK

Link to post
Share on other sites

Yes, you can send the letter to Restons. Although, MBNA should not have passed it on to them in the first place as the account was in dispute. .....

 

Back to your first post, they can produce a valid CCA at anytime (if they have one), but if they were to surprise you at court, then you have proof that you had requested this information time and time again. However, even if it did go this far, you have time to request the information all over again (I know, pain in the rear end), and they have to comply!

 

With the SAR you should have received ALL correspondence they have for you (their letters and yours), your CCA (:rolleyes:) and any recorded telephone calls (along with the documents you have received already). So it looks like they couldn't comply with that either!

Link to post
Share on other sites

Hi,

 

I too am having a similar issue with MBNA - I have twice now issued them with CCA requests (the 12+2 days for the second one is actually tomorrow, 19th March) and have not heard a peep from them. I know that they have received the letters, and cashed the postal orders, but other than than, it's as if they have completely ignored me - is this normal behaviour for them?

 

Also, in a more general way, I have a question about the general principles behind the CCA-request tactic. Is it being used solely by people who feel that the banks (in this case MBNA) are treating them in some unfair way, whether it be excessive interest rates or charges or such, or are some people just trying to get genuine debts written off at the banks' expense?

 

The reason I ask is that the whole basis for me even starting down this route was that I got another credit card from GE Capital, and they lost the CCA and sent me another one asking me to fill it in and sign it again - I refused as the boxes for the interest rates were empty and could easily be filled in later to look like I had agreed to something I hadn't! That started me thinking that I could get away with not paying back the money (it is only a few hundred pounds, nothing too drastic), so upon searching, I came across this website and the rest you can work out for yourselves. Then it occurred to me - why not try it with my other credit cards? And out of 3 other cards, only 1 responded with the proper signed copy of the CCA. I have not yet decided on any course of action yet, but as I am faced with imminent unemployment, I may out of desperation be forced to try anything to get rid of these debts, and be forced to ignore the moral issues of this.

 

Thanks in advance for any advice, and apologies for hi-jacking this thread!

Link to post
Share on other sites

Hi Clemma,

 

The letter is winging its way to Restons as we speak...many thanks for your help matey...I'll let you know what happens...:grin:

 

Another Query - do you think if there's any chance of taking MBNA to court over trying to recovering compensation for the hassle, harrasment, stress, loss of credibility and earning that they have caused? Just an idea like...

 

LK

Link to post
Share on other sites

  • 3 months later...

Guyz,

 

Further to the development on this, I would just like to add that I have a response from Restons a few days later stating that they were no-longer instructed in the case and that I should contact MBNA direct.

 

A further letter was drafted to MBNA and sent off to them, and as yet have not heard anything from them. I have sent a follow up letter - but still nothing...

 

Any further ideas guys...

 

K

Link to post
Share on other sites

  • 1 year later...

Guyz,

 

Need to open this can of worms again...

 

After almost a year and half - I have just recieved a letter from a company acting on behalf of MBNA - AEGIS. Whose registered address is in MUMBAI. They are claiming that the debt is still outstanding and I need to clear it blah blah blah, and if I don't they will take legal action etc.

 

Just need advice - should I ignore the correspondence (didn't even arrive by registered post), should I respond to it - taking into account that Restons washed their hands of the case, and MBNA didn't even respond to my last correspondence (sent in May 2009 sometime). All correspondence was sent registered - with a return address so have not had any returned back to me as being undelivered.

 

Are companys registered overseas allowed to conduct leagl business in the UK?

Who are AEGIS anyway?

 

Thanks guys

LK

Link to post
Share on other sites

Hi

 

Recently I've had loads of dealings with Aegis; they act as MBNA's collection agents.

 

They will continually call you and demand you go through security. They even sent me a 'we'll call' postcard

 

They don't 'phone me anymore.

 

I would ignore them; you can't write to them anyway because their Mumbai address is not for correspondence!

 

Best wishes vic

Link to post
Share on other sites

Aegis must have just sent out a batch of letters for their no-hope accounts. I have had the usual cr*p from Restons and other bottom-feeders over the last three years for an MBNA account (unenforceable) and today I get a letter from Aegis offering a 40% partial settlement. I don't think so!

Link to post
Share on other sites

@Victoria_siempre @SteveH2508

 

Many Thanks for the info. I've had dealings with Restons - and after writting to them initially they backed down and wrote to me saying that they are no longer dealing with my case and I shoudl deal directly with MBNA. Liek I said MBNA refuse to respond to any correspondence, and I have just recieved another letter fro Aegis advisign me they are willing to offer me a 40% discount on the outstanding balance if I agree to pay them - and maybe a 60% discount if I pay in full. WOW - wot generiosty.

 

I'm actualy inclined to write to their headoffice in India (through an indian Solicitor) and see what they say than - but than again why waste time and effort on petty little things.

 

MBNA have not responded to my original request for a CCA back in 2008 - even though the money had been cashed - and even Restons couldn't comment on why it has taken about 6 months for MBNA to respond.

 

Is there anyway one way enforce and injunction against MBNA and its agencies from sending any correspondence to you address? And if they do - you would take legal action as far as suing them - HURRAH - wouldn't that be great...But i guess one can simply write "NOT AT THIS ADDRESS - RETURN TO SENDER"...hehehehe

 

Thanks for the info and help guys.

LK

Link to post
Share on other sites

  • 10 months later...

Good morning All. Its nearly been a year - and looks like its that time again when the need has arisen to open this can of worms again... After almost a year - I have just recieved a letter from a company acting on behalf of MBNA (or should I now say Bank of America since the news is that they are pulling out of the UK market - HURRRAH!!!) - by the name of Wescot Credit Services Ltd. (last year it was AEGIS). They are claiming that the debt is still outstanding and I need to clear it blah blah blah, and if I don't they will take legal action etc. Just need advice - should I ignore the correspondence (didn't even arrive by registered post), or should I respond to it - taking into account that Restons, Aegis and others washed their hands of the case after it was made clear that MBNA didn't respond to any of my requests including CCA (PO was cashed), and failed to perform any form of security checks etc. And I have not had any form of correspondence with MBNA to any of my official correspondence (last sent in May 2009). All correspondence was sent registered - with a return address so have not had any returned back to me as being undelivered. Your advice and help in this matter woudl be most helpful. Thanks all LK

Link to post
Share on other sites

Just send them the account in dispute letter and they will have to leave you alone. Then it will go to the nect collection agency and so on. It seems to do the rounds every so often. Its their fault for not keeping your paperwork. the reason MBNA have not replyed to the CCA is because they dont have any info on you any more.

Link to post
Share on other sites

@Fami1yGuy Thanks for the advise... I'll just have to rewrite my previous letter to Restons/Aegis and send them that... Its just a pain...and the fact that i can't clear my credit report as MBNA won't do it..and the Credit Agencies advise that it has to be them to clear it...I can't even apply for a loan as....i am truely stuck here... Thanks LK

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...