Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • FTMDave
      Alliance Parking ANPR PCN (NTK now LOC) - Appeal Refused - 17min Overstay - Harlyn Bay

      By FTMDave · Posted

      Notice how Kev goes about his scam.  In Kahunaburger's case they left the car park well before the time shown on the ticket they had purchased.  But because Kev added on the time taken to look for a parking spot and queue to pay/try to get an internet signal he still sent them an invoice. So If you had left before the Justpark message, say at 3:55, Kev would still have managed to turn that into a stay of 4:06 and thus an overstay and an invoice. Unfortunately for Kev, judges have ruled against his reasoning.  Have a read of this famous case  http://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html  
    • fkofilee
      Perch/TM PAPLOC - old Oakbrook PDL

      By fkofilee · Posted

      Its okay - It happens. And this is why DCAs  user every trick in the book to try and make you crack.  Now its time to come back.    Im not sure how to proceed if Im honest if they have issued a Letter Of Claim.  Only as You could complain to Oakbrook and they still proceed with Legal Proceedings, but I dont know if that would help or hinder the legal proceedings if they began down that avenue.  I know a FOS complaint wouldnt stop Legal Action and probably run along side it.  But I guess a judge would view a disputed balance with the original creditor as cause for concern whether the DCA's claim is valid?    A bit of a muddle.     
    • FTMDave
      Excel/DCBL ANPR PCN - Appealed - 5minutes overstay - iceland gravesend

      By FTMDave · Posted

      That is superb. To answer your question - Dear Mr Dhaliwal Change the sentence - As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us ... To - As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us contrary to the Equality Act 2010. Iceland have always been useless, not only in your case but in others, but I think if they realise they are breaking the law it will encourage them to act. I also think the letter is overlong and you could lose the paragraph - I cannot afford any unfair charges of this kind as I am severely struggling financially. I cannot work and am a carer for my disabled Son who also has a mental and mobility disability. I obviously do not have any disposable income and am in debt with my bills. So its an absolute impossibility for me to pay this incorrect charge - as the main points are made elsewhere.  
    • catscratch
      Perch/TM PAPLOC - old Oakbrook PDL

      By catscratch · Posted

      Hands up in the fact that i have probably F***** *P!!
    • NewsBot
      Car Finance Awards celebrates best of the industry

      By NewsBot · Posted

      Car Finance Awards celebrates best of the industryView the full article

  • Recommended Topics

  • Our picks

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

      BankFodder posted a topic in Vehicle retailers and manufacturers,

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

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Arrow/evershers CCJ+CO over old MBNA debt

reggie76

By reggie76
in MBNA

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5408 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 435
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

reggie76

reggie76

Posted
  • Author
Posted

CCA request acknowledged by Arrow on the 24th of March. Received nothing yet.

 

Emailed Eversheds re. whether CCA agreement has been presented to the court and received these responses:

 

"As a valid Judgment was in place at the time the Charging Order application was made, it was not necessary to present a copy of the original agreement."

So I then asked if it was presented to the court when judgment was applied for and received this response:

 

"As the Particulars of Claim, included in the Claim Form, set out the details of the agreement, it is not necessary to provide a copy of the agreement when issuing the Claim or requesting Judgment. However, had you seen fit to file a defence, a copy of the agreement may have been produced at this time, if necessary."

 

Anyone got any feedback on this, are they avoiding the question?

I want this setaside but not sure if I can do anything until I know if there is a valid CCA available.

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites
reggie76

reggie76

Posted
  • Author
Posted

Any comments/advice please?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites
sequenci

sequenci

Posted
Posted

Hello there.

 

I'm not sure how far requesting your agreement will get you as it seems that judgment was entered ages ago so I can't imagine any judge allowing a set aside after all this time.

 

I note that a charging order has been granted against the property, is there an instalment order granted by the court? If not then I guess the best thing that you can do is apply to vary the judgment and have conditions attached to the charging order such as no order for sale providing you keep up with a monthly instalment?

Link to post
Share on other sites
reggie76

reggie76

Posted
  • Author
Posted

Oh, that's not good news.

I didn't know my rights and/or realise at the time I could fight a judgement order

I just asked for instalments to be taken into consideration.

 

The judge ordered me to pay the outstanding sum forthwith.

I have tried to negotiate with the creditors through their solicitors to come to some agreement but it's just not happening.

 

As in my earlier post I was under the impression, due to the email from Eversheds, that a charging order had to be in place before an instalment agreement could be set up!

 

This is a mess and I must be able to do something as I think the solicitors have

 

Any advice would be appreciated, surely I can do something?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites
42man

42man

Posted
Posted

If it was me i'd send a SAR request to the original creditor, if they go for a charging order you can try to get a set aside in but if you admitted the debt in the first place when the CCJ was issued as Sequenci says above you might have a battle.....have you ever claimed back any of the excessive charges at all ?

Link to post
Share on other sites
42man

42man

Posted
Posted

Removal of CCJ's - Step by step guide to the process

 

The OFT are currently investigating charging orders for unsecured credit.....however if you haven't missed a payment so far, then you are keeping to the order....they should not be applying more pressure for a charge...!! I would also report them to the OFT....

Link to post
Share on other sites
reggie76

reggie76

Posted
  • Author
Posted

Thanks for the feedback. They already have a charging order.

 

I really feel like i've been taken for a ride and also been very naive and just accepted everything.

As previously mentioned I just didn't know my rights and accepted everything that was thrown at me.

 

I have sent an email over to the OFT regarding this but just as info more than an actual complaint.

 

Apart from sending a CCA request and a N245 I haven't done anything else.

 

Should my next step be a complaint to my local county court or do a SAR request to MBNA?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites
reggie76

reggie76

Posted
  • Author
Posted

Thanks will do, then what's the next step?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites
reggie76

reggie76

Posted
  • Author
Posted

Received a letter for a court hearing on the 1st of June. Bit concerned as the letter says I accepted the debt previously, which I would have done as I had a letter from Eversheds so I assumed it must be my debt and this was before I knew about this site and flawed CCA agreements.

Now I need to get a good defence as I would like to get the charge order removed. I'm going to SAR MBNA today but how will that help me with my court defence?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites
reggie76

reggie76

Posted
  • Author
Posted

Won't the court throw that back at me and say I have admitted the debt is mine?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites
sequenci

sequenci

Posted
Posted
You cant admit to something that doesnt exist can you?

 

 

Regards

 

David

 

It is not as easy as that, especially when court is concerned. my concern here is that the situation with regards to the judgment debt is quite far along. a set aside MAY be granted if there is a real prospect of success or if the court is satisfied that there is some other good reason why it should be set aside. One thing to consider is that a set aside application needs to be made 'promptly'.

Link to post
Share on other sites
reggie76

reggie76

Posted
  • Author
Posted (edited)

Thanks sequenci, what reasons can I give for a set aside?

 

I have the following reasons for why a charging order should not be in place and be removed or set aside:

  1. The debt is in my sole name, and it is not fair for the whole family to lose their home because of a debt belonging to me.
  2. The welfare of my young children should especially be taken into account. They need stability at school. The effect on my children of moving house should be considered.
  3. My home is currently worth less than my mortgage so the creditor would not be paid off, even if they forced my home to be sold.
  4. I already have payment arrangements in place with other creditors. Other debts are larger than this debt and other creditors have frozen their interest.
  5. I believe my other creditors have been "unduly prejudiced". The courts decision in making a charging order has disadvantaged my other creditors.
  6. I will ask the court to look at whether the interests of the creditors should outweigh the interests of my family. Under The Trusts of Land & Appointment of Trustees Act 1996 the court has discretion to say the family's interests outweigh the creditor's interests.
  7. I have had no proof from the creditors that this debt is mine and has a true signed credit agreement been produced in court?
  8. I am looking to report the DCA and their solicitors to the OFT as they have have a clear legal obligation to deal fairly and proportionately with consumers. This is more important than ever given the current economic climate, when people may already be suffering as a consequence of debt problems. The OFT will continue to use their licensing powers to take firm action to protect consumers where debt collectors engage in oppressive behaviour or practices that fail to comply with their guidance.
  9. The solicitors have continually asked for bank statements, payslips and an income and expenditure form completed and they have no right to demand this especially as I have advised the court of my income and expenditures in the way of a N245.

Any other advice from you guys will be appreciated. I have applied for a true signed copy of the CCA and have now SAR'd the original creditor today.

 

Please help, thanks in advance.

Edited by reggie76

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites
boswell

boswell

Posted
Posted

Quite a few years ago i was in a similar position with a bank who threatened to take my home if i didn't pay the full amount. I said i didnt think a Judge would look very kindly on you doing that with me having two young children and a disabled wife, plus the fact we had a joint mortgage and that it was my debt and not my wifes. I offered them 50% and said thats all i can afford, if they didnt like it then take me to court. I eventually received a letter from them accepting my proposal.

I cant see any court making a family with young children homeless over an unsecured debt.

If I have been helpful please tickle my scales or better still contribute to CAG.

Link to post
Share on other sites
reggie76

reggie76

Posted
  • Author
Posted

If my request for a CCA is not received within the 12 working days from when it has been acknowledged can I send an account in dispute letter bearing in mind I have a CCJ and a charging order in place for this debt?

 

In court June 1st so need all the help and evidence I can get.

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites
reggie76

reggie76

Posted
  • Author
Posted
If my request for a CCA is not received within the 12 working days from when it has been acknowledged can I send an account in dispute letter bearing in mind I have a CCJ and a charging order in place for this debt?

 

In court June 1st so need all the help and evidence I can get.

 

Bumping!

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites
reggie76

reggie76

Posted
  • Author
Posted

Thanks Chris, appreciate the advice but am I able to send them the account in dispute letter if I do not receive the CCA I requested if I have a CCJ & Charging order in place?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites
reggie76

reggie76

Posted
  • Author
Posted

Bumping again.

Could this be changed to reggie v Eversheds/Arrow Global

 

Anybody about to help?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites
reggie76

reggie76

Posted
  • Author
Posted

Can a DCA apply for a Warrant Of Execution through the County Court for a debt of more than £5k which was for a credit card debt regulated by the Consumer Credit Act 1974?

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...