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    • the debt is not SB'd as a CCJ must have been awarded to get restrictions said this numerous times now who is drydens stated client on their letter...Arrow global?  
    • Hello   I'm bringing a claim against a company HQ in the EU but with operations in the UK. T&Cs state UK court jurisdiction.    Am I right in thinking that I send 3 x N001 forms + N215 form + Fee cheque to CCMCC?    The court then takes over, seals the claim and serves it on the defendant?    Reason I'm confused is that some guides seem to imply that I get the sealed claim form back from the court and then serve it on the defendant myself?   Thanks  
    • Evening All,   PFA redacted WS and EL, hoping these will be sufficient to defend my case, yet to add a sequence of events section to WS which I will do tomorrow before sending off to CC and can try to post here for your kind review?   Should I also send to OPS at the deadline, I have still received nothing at all from them - or if they don't provide me their WS and EL I duly don't provide mine?    Approaching the end game now!      Thanks!   RATPCN Exhibit List Redacted.pdf Witness Statement Redacted.pdf
    • Yes is definitely an option – but I am rather concerned about the way that the other one went when they brought in Evershed's. It's still going on but I think it made it more worrying for the claimant. The finance company will have the wherewithal to be able to make strategic delays
    • Well at £7300, I think that any car should be able to run without any serious defect manifesting itself at least a couple of years. This car clearly is not in satisfactory condition when it was bought. Also, can we clarify that the finance was made by way of a loan and not hire purchase. It doesn't make a huge amount of difference but it is something that we should know. You have two targets. You can either sue the garage or you can sue the finance company. Somebody else on this forum in the past 2 or 3 months decided to sue the finance company. I rather thought it was an error because it was taking on the more powerful of the two – and it turned out that the finance company then when instructed a proper firm of solicitors who have simply been obstructive. It doesn't mean that the claimant was more likely to lose – but it became a little bit more nerve wracking and difficult. I would suggest that the best thing to do is to sue the garage who are going to be the weaker party and secure a judgement against them. Then if there is any difficulty enforcing the judgement, you can turn against the finance company but with a judgement already in your hand, any resistance should fall away quite quickly. At that point you can also threaten the finance company with an action under FCA regulations for unfair treatment – because what they are doing is clearly unfair. It seems to me that you need to get a move on. On the basis of what you say, your rights are completely clear and I would suggest that you begin by sending a letter of claim to the garage and writing separately to the finance company and telling them that you are going to be seeing the garage and that once you get a judgement you will be coming after them not only under their obligations under the consumer credit act but also under the FCA Handbook rules – COBS - which requires them as a matter of statutory duty to treat you fairly. The finance company will be quite anxious to avoid a judgement for breach of statutory duty. It may be that the finance company will then feel motivated to put pressure on the garage – but nothing is sure. If this seems to be a satisfactory way forward then it will be a matter of sending a letter of claim – probably in tomorrow's post – recorded delivery and an email as well if you want. You have to be sure that you want to do this and you need to search this forum for information on bringing a small claim in the County Court. It's fairly straightforward and because you are suing for less than the small claims limit of £10,000 it is pretty well risk-free. However it is worth knowing your way around because you will feel more confident about it. Please let us know if this is the way you want to go forward. I have to say that if you rather not do this then your only other alternative would be to go to the ombudsman which will be a very slow process and could last easily up to 12 months or more with an uncertain outcome. I would not recommend it   To add, if as a result of the breach of contract on the part of the garage you have incurred additional expenses, then we may probably be able to think about claiming for those as well.
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MBNA debt bought by Link - don't know what to do - can anyone help please?


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just realised that I sent the wrong SAR (don't ask me how!!!). So MBNA have actually done me a huuuuge favour in returning it :D. Have sent correct one today and signed with crosses through sig as per 42man's template instructions.

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  • 3 weeks later...
Following on from the account in dispute letter I sent Link, have received a letter from them this morning saying they can't sort out my complaint but acknowledge receipt of it. Also that they will contact me within four weeks.

 

Wonder if they are waiting to see what happens with regards to Judge Halbert's suggested stay of cases until the test cases in the commercial court?

 

If you haven't heard about this issue, it's detailed in this thread;http://www.consumeractiongroup.co.uk/forum/legal-issues/198059-unenforceability-cases-hold-until-17.html#post2162049

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  • 2 weeks later...

Hi Massamum, Just thought I'd check in with you to see if you've had any further developments. All's quite on the homefront, not heard a peep, not even a phone call:( A little disappointed as I've been all fired up;) Could it be that MBNA are behaving and playing by the book:rolleyes: No doubt time will tell.

Joemay

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hi Joemay, great to hear you've been left alone. Things have been quiet on the MBNA front with me too (if only I could say the same for the others).

 

Like you say, time will tell, but I expect they'll come back when we least expect it.

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  • 3 weeks later...

Hi all,

 

MBNA have now responded to SAR and the CCA was in with that.

 

 

Its an online application/agreement and is completely enforceable (going by steven4064’s guide), but they haven’t included any PPI papers. There is also a load of other stuff, most of which I can’t make head or tail of.

 

MBNA haven’t included a copy of the default notice or termination notice in the SAR – should I write to them saying its incomplete?

 

In one of the documents MBNA acknowledge having sold the debt to Link on 16 March (Link’s letter said date of sale was 20 March), bearing in mind MBNA’s date for remedy was 23 March, they sold it way, way too early.

 

Link still haven’t come up with the CCA I requested of them and are now hassling me. Does the fact that MBNA have supplied CCA mean I have to acknowledge Link now or are Link still obliged to send me CCA?

 

Link are asking me to complete an I&E form, offer of repayment and want my current phone numbers (as if!). So it seems they know MBNA have responded to the CCA request.

 

My question is, where do I go from here please, bearing in mind the default notice may well be dodgy?

 

Should I start making £1 token payments to Link? Do I need to fill in the I&E? Do I just wait for the court papers to arrive?

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Typical of anything to do with Link they can never get the dates right.

 

If you complete the I&E for the muppets make sure you add a little so your expenditure, don't forget things go up like Insurances etc., I completed one for them and they wrote back saying I could afford to pay them more at the cost of my other creditors cheeky monkeys. Anyway in the end they took me to court - it was struck out because they didn't do it correctly.

 

I'm still paying my original creditor not the monkeys as they wouldn't give me any account details so I couldn't pay them if I wanted to. Don't know if the original creditor has passed payments on but since it was sold to them someone has had approx £1000 off the debt.

 

I suppose in the next week or so I'll be hearing from them when they get the letter to say my payments will be reduced due to having taken a job with less money when I was made redundant. I am so sorry for the poor monkeys - not.

 

You could write to them and thank them for the response to your SAR request but that items a, b, c etc., were not included hence they have not fullfilled the obligation. However, don't be suprised if they write back saying we have etc.,

 

You have to remember that monkeys can't read or write properly they are happier to be climbing the trees and eating rotted fruit.:D:D

 

DG:

I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

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Hi all,

 

MBNA have now responded to SAR and the CCA was in with that.

 

 

Its an online application/agreement and is completely enforceable (going by steven4064’s guide), but they haven’t included any PPI papers. There is also a load of other stuff, most of which I can’t make head or tail of.

 

MBNA haven’t included a copy of the default notice or termination notice in the SAR – should I write to them saying its incomplete?

 

In one of the documents MBNA acknowledge having sold the debt to Link on 16 March (Link’s letter said date of sale was 20 March), bearing in mind MBNA’s date for remedy was 23 March, they sold it way, way too early.

 

Link still haven’t come up with the CCA I requested of them and are now hassling me. Does the fact that MBNA have supplied CCA mean I have to acknowledge Link now or are Link still obliged to send me CCA?

 

Link are asking me to complete an I&E form, offer of repayment and want my current phone numbers (as if!). So it seems they know MBNA have responded to the CCA request.

 

My question is, where do I go from here please, bearing in mind the default notice may well be dodgy?

 

Should I start making £1 token payments to Link? Do I need to fill in the I&E? Do I just wait for the court papers to arrive?[/quote

 

Yes, write back and ask for the missing docs., if MBNA will not supply them, report MBNA to the ICO. You can download a complaint form on the ICO website.

 

Link must provide you with a copy of the alleged executed agreement and all documents referred to in it;

Statement of Account

Inception Terms & Conditions

PPI documents;

Cancellations rights (online application).

Most importantly ask for documentary evidence that they (Link Financial) are legally entitled to pursue the account.

 

You do not have to complete an I&E form.

 

Wait, do not panic!

You are entitled to receive ALL the information that you have legally requested.

 

AC

Edited by angry cat
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In support of Angry Cat's suggestion re: Links Failure to supply all the information requested in your SAR, I'm attaching a draft letter challenging Link on their failure to suppy the requested ppi documents.

 

The letter (see Attached File at bottom of this post) is an example. You can edit it as you wish (hopefully others can comment as well / make suggestions) :-

 

The OFT has also recently imposed restrictions on Link. So the above letter should get their full attention. Here is the URL for the OFT restrictions :-

 

The Office of Fair Trading: OFT warns debt sector about tracing tactics

 

http://www.oft.gov.uk/shared_oft/press_release_attachments/Link-requirements.pdf

 

 

ppi_commission_challenge_etc.doc

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

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thank you so much for all your responses. Shakey, am just trying to put a couple of letters together now based on your draft (thanks for that), and also including Angry Cat's references too. I may have to come back for a bit of clarification on a few things later if thats ok.

 

Have had another look at Link's response and I they have in fact supplied a copy of the CCA, but none of the docs referred to in it so I'll be sending them a letter about that as well.

 

Yep Joemay, just my luck eh. Mind you as it was online application I knew they would :( Never mind.

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ok, just to clarify I am going to send a letter to Link telling them they haven't fulfilled my CCA request and asking them to provide all the documentation mentioned in Angry Cat's post. For the letter to MBNA I will edit Shakey's letter saying they haven't fulfilled my SAR request and mentioning the mis-sold PPI.

 

Am I right in thinking I should pursue MBNA for the mis-sold PPI and not Link?

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Technically, you should go after MBNA re: the PPI, however, if Link are claiming to be the Creditor, you could reclaim the PPI from them;

that should shake them up a bit!

 

Can you post up a link to the copy agreement please.

 

AC

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Thanks AC, I think I'll start with MBNA and if no luck I'll go after Link?

 

Have just scanned the agreement onto my laptop, and as I've been checking it for personal details etc I came across something (well it jumped out at me to be honest).

 

When I first received the doc I only checked the first five pages against the one on Steven4064's thread and as they were exactly the same I didn't question it. The terms and conditions looked pretty ok too. However, I've just really looked at the terms and conditions for the first time and there it was - under the section for "I wish to purchase payment protection cover" there is a reference to "the terms relating to the credit for the product(s) can be found at paragraphs 1-16 of this credit agreement. Also on the last page there is a paragraph that mentions "above are sections 1-3 of your terms and conditions ..... (i.e. sections 4-16 including definitions) ...."

 

The strange this is, upon checking the terms and conditions there is no paragraph 16!!!

 

Is this a good thing? I'm really really hoping (fingers crossed etc) that it is.

 

Am in the process of transferring scanned docs onto photobucket shortly, but they take ages so please bear with me.

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Thanks AC, I think I'll start with MBNA and if no luck I'll go after Link?

 

Have just scanned the agreement onto my laptop, and as I've been checking it for personal details etc I came across something (well it jumped out at me to be honest).

 

When I first received the doc I only checked the first five pages against the one on Steven4064's thread and as they were exactly the same I didn't question it. The terms and conditions looked pretty ok too. However, I've just really looked at the terms and conditions for the first time and there it was - under the section for "I wish to purchase payment protection cover" there is a reference to "the terms relating to the credit for the product(s) can be found at paragraphs 1-16 of this credit agreement. Also on the last page there is a paragraph that mentions "above are sections 1-3 of your terms and conditions ..... (i.e. sections 4-16 including definitions) ...."

 

The strange this is, upon checking the terms and conditions there is no paragraph 16!!!

 

Is this a good thing? I'm really really hoping (fingers crossed etc) that it is.

 

Am in the process of transferring scanned docs onto photobucket shortly, but they take ages so please bear with me.

 

Well, it looks as though Steven4064 initial view was correct.

However, there are a couple of niggly points:

 

1. Your Right to Cancel - Once you have signed this agreement you will have a short time in which you can cancel it. We will send you exact details of how and when you can do this"

 

Were you sent these details, separately?

 

2. PPI - Terms relating to credit for this product can be found in 1 -16"

 

You are correct, there is no paragraph 16, that I can see on the terms that you have been provided

 

Because the PPI is clearly mentioned on the agreement, the PPI is part of the agreement. Therefore, all documents relating to said PPI must be provided to you as part of your S78 Request.

As should be the cancellation rights document...'and any other document referred to in it.'

Thus your CCA Request has not been fully complied with.

 

If, as you state you have not been provided with 'true' copies of the Default Notice and Termination Notice plus proof of posting, then you must push for these!

MBNA are obligated to supply all documents that you requested under your SAR.

 

http://www.out-law.com/page-4783

 

Hopefully, the above assists.

 

AC

Edited by angry cat
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Thanks for that AC.

 

I have never received papers relating to PPI, nor the cancellation rights docs. I will write to MBNA requesting these. Would this also be a good time to send the mis-sold PPI letter too or should I wait til I receive the other docs requested? Am getting a bit confused now!!!

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Wait until you receive all documents that you requested within your SAR and documents that should have been provided under your s78 CCA.

 

Do not forget to head up your letter:

ACCOUNT IN DISPUTE!

 

If Link start getting heavy handed, advise them that the account is in dispute;

you are awaiting documents from them (Link) and the OC.

 

Allow 21 Days and if you are not provided with the docs. that you require, lodge a complaint with the ICO

 

AC

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  • 1 month later...

Hello everyone, I’m back again after a spell of ill health. Unfortunately I haven’t been able to move anything forward on this and I’m beginning to worry. I have today been catching up with all of my paperwork again and realise that on re-reading things they really don’t stack up at all. In the MBNA CCA the terms and conditions within the agreement are completely different to the smaller print terms and conditions that MBNA also attached (these terms and conditions contain the cancellation rights).

 

At the end of the online application form it says “sections 4-16 can be viewed by clicking the terms and conditions link at the top of this page”, and also under the PPI section it mentions “can be found at paragraphs 1-16 of this credit agreement”. I think they may have sent me the wrong terms and conditions entirely – does this make the agreement unenforceable because I cannot check the relevant paragraphs? Or should I bring this to their attention and ask them to send me the correct terms and conditions?

 

I’m really so confused as to what to do and where I go from here. I would be really grateful if someone could please have a quick look again at the attachments that I’ve added at post #94 and see if they agree with my new thoughts.

 

Sorry if its all getting a bit much going back and forth but I really haven’t been well at all.

 

Thanks in advance folks.

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