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    • One thing you should probably realise is that this finance company is properly got a fairly long term business relationship with the dealership. To a certain extent they depend on each other so don't imagine that the finance company is going to be impartial.
    • My view is that you made a contract for an item which was not of satisfactory quality and it is clear from the evidence even of the finance company's own inspector that it was not of satisfactory quality when you bought it. In contract law, if an item is so unsatisfactory that you are effectively deprived of the entire benefit of the contract then the contract should be treated as void and you should recover all of your money and any ancillary expenses. It seems to me that you had no enjoyment at all from this caravan during your period of ownership. I think it's outrageous that the finance company are apparently say that because you've had it for a year before they eventually – and grudgingly – agreed that it should be returned, that you should effectively pay for a years usage. At the very worst, it should be said that you only had usage of it from the moment you took delivery to the date of your first complaint to the finance company. How long was that? However, on the basis that you had no benefit from the contract whatsoever, it seems to me that you should recover all of your money. Let me warn you that the FOS is unlikely to recommend this. However they are likely to recommend that you receive a portion of your money – and maybe it will be sufficient to satisfy you and you won't feel as if you want to try and get the rest. In the event that the FOS considers that you are not entitled to any further payment at all, then frankly I would recommend that you go to County Court and sue both the dealer and the finance company together to recover all of your money on the basis that I have described above – and I would say that your chances of success are much better than 85%. The action would be on the small claims track and that would mean that in the highly likely event that you won the case, you would recover all of your costs plus your money +8%. In the highly unlikely event that you lost the case then your losses will be limited simply to the claim fee and the allocation fee – which would probably be in the region of about £300. We would help you all the way. We would help you draft the documents and advise you step-by-step – although you would have to conduct the case yourself and it would probably be done by way of a telephone hearing. My personal view is that it wouldn't go as far as a hearing and that they would back down and pay you out. Personally I think it's a try on and they're taking advantage of the fact that they think that you don't know your way around and that you lack confidence
    • That seems ok it puts them in a spot, the last thing Simple wants is his rubbish POC and cut 'n paste WS to be challenged in a hearing.
    • DX100UK - How does this amended defence adapted from your posy of 19 Sept look? I could only see the date required for the CPR in item 3 to be incorporated:      1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    2. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I do not recall the precise details or agreement.    3. On receipt of the claim form, the Defendant sent on date XXXXXX a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date 28 August 2020 a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply.   4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:  (a) show how the Defendant has entered into an agreement; and  (b) show and evidence any cause of action and service of a Default Notice  (c) show how the Defendant has reached the amount claimed for; and  (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;    6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.    8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • So after sending the email to CEO, the ticket has been successfully cancelled - result!   My original email:   Dear Mr. Christian Hartnagel,   Re: Parking Charge Notice No: 0 XXX XXX XXX Vehicle Registration: XXXX XXX Issue Date: 11/09/2020 Entered Car Park: 09/09/2020 @ XX:XX:XX Exited Car Park: 09/09/2020 @ XX:XX:XX Athena claim an Overstay of 56mins. Photo attached of the receipt valued to your company as sales of £24.77. I am writing as the registered keeper of a car in reference to Athena ANPR Ltd's Notice to Keeper (ref: X XXX XXX XXX).   The vehicle was parked in the car park of your Edmonton store on Thursday 9th September 2020, while the driver was doing their shopping inside said Lidl store. After they paid for their shopping, they unfortunately did not enter the vehicle registration details into the parking machine before leaving the store/car park. The registering of vehicles’ details has not been required for the last few months during the COVID-19 crisis, and so, this instance was unintentional. Had a member of staff mentioned that normal parking procedure had resumed, the driver would have inputted the vehicle information as was done prior to the COVID-19 changes.   As a result of this, Athena ANPR Ltd has issued a civil parking charge notice without any consideration of the situation.   The driver has been to your shop in Edmonton store to try and get the issue resolved but was advised to get in touch with Lidl Customer Services. So far getting a response from Customer Services other than an acknowledgement, has been rather difficult.   The driver is a valued and loyal customer and this is very unfair, and therefore I, as the registered keeper, kindly ask that you instruct Athena ANPR Ltd to cancel this parking charge notice.   Kind regards, Mr XXXXXXX   And I just got this reply:    Dear Mr. XXXXXX Our Ref: XXXXXX Re: Your Contact Thank you for taking the time to contact our CEO. I have been asked to reply on his behalf. I was sorry to learn that you received a parking charge. I appreciate this may have been frustrating for you. Lidl is a national retailer. As such, we have stores in locations with limited parking space and in common with many of our competitors, our store car parks are abused to a significant and detrimental extent. We have therefore judged it necessary to take measures so that our stores parking facilities are available first and foremost to our customers. In order to ensure that sufficient parking spaces are available at all times to our customers, Lidl employs third party contractors to monitor and control our car parks. So far, this service has proved reliable and effective in reducing car park abuse and in freeing up spaces for our customers. In light of your comments, on this occasion only, I have requested that the parking charge is cancelled. Athena will confirm the cancellation in writing in due course. Thank you again for contacting us. Yours sincerely, For and on behalf of Lidl Great Britain Limited Kayleigh Hogg Customer Service *** If this ever happens again, I will make sure to always go via CEO route and make sure receipts are kept. Thanks to everyone for your help with this 👍  ***
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
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      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
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      I have proved that the dispute is closed
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       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
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MBNA and Aegis - No CCA received!


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Hi I just thought I would cherp in here. but if your accoutn (1) is in dispute, then you can write to them and instruct them to only contact you in writing if thye can provide a sign copy of your agreement. i believe, from a barrister friend of mine, that if the account is in dispute, they phone calls are harrassment and you can prosecute them for it, not to meniton if htey are sending you harrassing letters for payment you can charge them for the priviledge. I would check up on it if I were you. With regards to your other account and the signed copy, I think you are stuck with that one. I am just about to get started with MBNA myself on my husbands behalf. So who knows, I may be inthe same boat soon. I did however go through all this for my motherin law with great universal and got nearly £3000 written off for her. SO I know it works. ANd the two accounts I plan to CCA are at least 8- years old. and I doubt thye will have much for us. But you never know. Good luck and chin up!

*ps- sorry for the typos*

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Hi Jennji, we are talking about MBNA on this thread, I'm sure that Exchange, like me and many others in this forum have insisted all communications are in writing but sadly such requests fall on deaf ears and unless you are prepared to instigate action against them the calls will continue.

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Jennji/Coactum, yes, I have insisted on written communication only and I have reported them for ignoring this. As for being 'stuck with' the MBNA account where there is a signed copy, the general opinion on here is that unless they can produce an original document proving that what has been sent is all part of the same document then it is at least incorrectly executed and at worst (for MBNA) unenforceable. Therefore, I have decided to take my chances on that one too and wait for them to take it to whatever stage they want to while they dig a deeper and deeper hole for themselves by ignoring the regulations and legal procedures. The money is not available to do much else as things stand for me, anyway!

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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Pleased to see sunflower99 has had some success in court with MBNA/Restons, particularly as my agreement looks remarkably similar:D.

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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Phone call to home number at 08:11 from an 0207 (i.e supposedly London) number. This follows on from a call from the same number on Saturday morning. Anyone else getting these? I checked on 'whocallsme' to verify who it is and MBNA come up. It only rang twice so I didn't get there in time to answer even if I was going to, which I wouldn't!

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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Phone call to home number at 08:11 from an 0207 (i.e supposedly London) number. This follows on from a call from the same number on Saturday morning. Anyone else getting these? I checked on 'whocallsme' to verify who it is and MBNA come up. It only rang twice so I didn't get there in time to answer even if I was going to, which I wouldn't!

 

Yes I've started getting calls on Saturday mornings, I think it's one of the Irish women from MBNA (Miriam I think), I hang up as soon as I hear her voice. Sorry Miriam, I know you read this forum!

 

Also getting them from mobile looking numbers too now: 07785-900822

 

I'm sending them an harassment letter today via recorded mail, I've had enough of them now.

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simon1003, certainly send the harrasement letter but they will say that according to the banking code they need to stay in touch. I did have calls from mobile numbers too in the past but not now.

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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I'm so glad they dont have my number.

 

Just noticed last night, and gives food for thought. When we make our complaints to FOS, be careful about giving your contact number etc on it. I noticed on the one from Cap One it has my contact mobile, and I would hate it to fall into the hands of the Credit Card Cos to contact me.

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:

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Thanks for the tip Capricorn1601, looks like we need to tell the regulators to contact us only in writing too:rolleyes:

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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http://www.consumeractiongroup.co.uk/forum/mbna/217778-mbna-loan-battle-begins.html

Posting the link to loan thread as I am hoping to draw some attention to it. I have used APR calculators to check the figures and so far I am astounded that it seems completely wrong. The agreement says 7.9% APR, yet the calculators say between 8.7 and 8.8%!! Anyone else come up with such a huge difference? I would like to know for certain it is wrong as well so if any mathemeticians want to volunteer there services? I can't scan it at the moment as my scanner has decided it has had enough but will try to put the agreement on here tomorrow. I would rather PM the detailed figures as putting them on here is a bit public, you don't know who is looking and the CCC's do monitor this site, allegedly.

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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It does annoy me when a text comes through without any indication of who it is from. I suppose we are all getting offers today as they seem to do this in bulk! I have been offered a 60% reduction if I call back today. 60% of what exactly? That's why they hope I will call. Doesn't look like they have much confidence of winning in court to me! There seem to be quite a few 'won' cases against them recently too:D.

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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I am now waiting for other opinions on my loan agreement as the figures don't seem correct. I don't want to put them on here as it would be fairly easy for MBNA to work out who I am, but will happily PM them to anyone willing to have a look. I have one Cagger checking the figures but would appreciate any other offers. I have a separate thread for the loan here - http://www.consumeractiongroup.co.uk/forum/mbna/217778-mbna-loan-battle-begins.html. Thanks in advance.

Exchange

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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Hi Exchange

 

I've had another pretty postcard this week, this is my 3rd and still they dont visit me;). Also had the 60% discount promise, I just want them to proceed and take me to court. (think they have forgot that I have it in writing that they dont have my agreement):D.

On another note though some guy claiming to be from crap1 did knock door last night was real shock but soon saw him off.

 

 

Ang

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Hi Exchange

 

I've had another pretty postcard this week, this is my 3rd and still they dont visit me;). Also had the 60% discount promise, I just want them to proceed and take me to court. (think they have forgot that I have it in writing that they dont have my agreement):D.

On another note though some guy claiming to be from crap1 did knock door last night was real shock but soon saw him off.

 

 

Ang

 

Snap .. I keep getting texts offering a 60% discount !!! Like they think it's a great favour. I too want some court action. :rolleyes:

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I guessed that these offers were being sent out in bulk. Seems individual circumstances are irrelevant, maybe they find this blanket approach works for a high enough percentage of accounts for it to be worthwhile. Good job we know better!

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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You will:rolleyes:

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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had an email from 'Master Bates today'.....

 

"I am writing to acknowledge your email and receipt of your complaint information below. I will contact you regarding any further information as appropriate in due course.

 

Meantime, please accept my apologies for the delay in replying to you.

 

While the OFT is unable to get involved with individual disputes, you may wish to consider contacting the Financial Ombudsman Service (FOS) which can help with most complaints if the consumer has failed to satisfactorily resolve the matter directly with the consumer credit licensee itself. The FOS can be contacted at:

 

South Quay Plaza

183 Marsh Wall

London

E14 9SR

Tel: 0845 080 1800

www.financial-ombudsman.org.uk

 

I hope that you will find this helpful.

 

Yours sincerely,

Alan Bates

Alan Bates

Higher Executive Officer, Debt Collection Team | Office of Fair Trading

Fleetbank House | 2-6 Salisbury Square | London EC4Y 8JX |

T: 020 7211 8401 | F: 020 7211 8465| www.oft.gov.uk "

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:

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Took his time didn't he! I've heard nothing since, not a big surprise.

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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  • 2 weeks later...

Calls seem to have stopped for now and no letters for over a week!

Maybe I've confused them by disputing my loan agreement:D.

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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