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


  • Tweets

  • Posts

    • BankFodder
      Scottish Widows Pension from 1999 - been sending all letter to another address for 25yrs.

      By BankFodder · Posted

      Waiting for you to address these questgions please
    • jk2054
      Evri lost my Ebay parcel £844 - court claim issued

      By jk2054 · Posted

      thats good to hear
    • aesmith
      my Leasehold/Freehold property and it's issues.

      By aesmith · Posted

      If you're set on pursuing the receiver then a complaint to his governing body (if any) might be a sensible low risk first step. You need to confirm what qualifications he actually has. I don't believe an LPA Receiver necessarily needs to be a licensed insolvency practioner, although he may be. Or he may a chartered surveyor. I note you say "LPA" and "fixed charge" receiver, but aren't those two different appointments with different remits? What relevant powers are given in the mortgage terms and security? Or if that's unclear then how was the appointment described to you? Ducking back to the comment I made earlier, you consulted a solicitor who advised a claim against the receiver. How did he advise that you do so?   Some background reading (accepting it's from 2013 and you may be working off more recent preceded overturning this) .. LPA receivers owe very limited duty to borrowers; a reminder WWW.WRIGHTHASSALL.CO.UK As lenders rely more and more on their powers to appoint an LPA Receiver, a recent case has clarified the Receiver’s obligations, both to the lender and its borrower.  
    • honeybee13
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By honeybee13 · Posted

      Good Law Project are trying to force HMG to release details of how Sunak's hedge fund made large profits from Moderna. Government ordered to disclose Sunak’s hedge fund emails - Good Law Project GOODLAWPROJECT.ORG Good Law Project has won a battle with the Treasury after it tried to suppress emails between Rishi Sunak and the hedge fund he founded.  
    • honeybee13
      The sub-postmasters scandal

      By honeybee13 · Posted

      Nick Wallis has written up the first day of Angela van den Bogerd's evidence to the inquiry. I thought she was awful. She's decided to go with being not bright enough to spot what was happening over Fujitsu altering entries on the Horizon system, rather than covering up important facts. She's there today as well. The First Lady of Flat Earth – Post Office Scandal WWW.POSTOFFICESCANDAL.UK Angela van den Bogerd, on oath once more It is possible that Angela van den Bogerd and her senior colleagues (Rodric Williams, Mark Davies, Susan...  

  • 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.

MBNA cc/Loan Settlement offer

odezi

By odezi
in MBNA

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5322 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

odezi

odezi

Posted
Posted

Hi All

 

I have previously made my posting in a different thread, 'Mbna 'agreement' - now threat of legal action'. I sent my CCA to MBNA for thw two credit cards and loan I have with them on 26th March. Today I received a letter relating to the cards suggesting that if I agree to pay an amount equal to 25% of the amount then they will consider cancelling the rest immediately without it affecting my credit rating. They also gave me a deadline and if I decide not to proceed then they may sell the debt. This is the second time they have made the offer. What can this mean?

 

The loan was sold to 1st Credit and the CCA for the loan was sent to them but they replied saying they did not have the agreement and have forwarded my request to MBNA.

 

I understand that the time limit is 14 working days. If they do not reply by then what action should I take?

Link to post
Share on other sites
maroondevo52

maroondevo52

Posted
Posted

Hi, odezi.

 

You'll find the 'dispute' letter here.............

 

Well done, on starting your own thread, I've put a 'link' to this thread in the Mbna agreement thread ;)

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.html

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites
odezi

odezi

Posted
  • Author
Posted

Scott, many thanks for the links

 

AA99 many thanks for the reply. I will definitely hold out for the agreements. I think you are right that they may not find the agreements.

Link to post
Share on other sites
citizenB

citizenB

Posted
Posted

Odezi, do be very careful about accepting offers for discounts. They are usually a ploy to get an up front payment then the rest of the debt is passed on for another collecter to start again.

 

You need written confirmation that the the discounted amount is a proper Full and Final, that there will be nothing left to pass on and all detrimental informating registered with CRAs is removed. BEFORE you part with your cash:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
odezi

odezi

Posted
  • Author
Posted
Odezi, do be very careful about accepting offers for discounts. They are usually a ploy to get an up front payment then the rest of the debt is passed on for another collecter to start again.

 

You need written confirmation that the the discounted amount is a proper Full and Final, that there will be nothing left to pass on and all detrimental informating registered with CRAs is removed. BEFORE you part with your cash:D

 

Many thanks for the posting Citizen B.

 

I have no intention of accpeting or considering the offer until they have sent the CCA I requested.

Link to post
Share on other sites
citizenB

citizenB

Posted
Posted

I dont know whether you have seen this thread. You will find an excellent letter by Darset in PDF form around post 90 - 95.

 

http://www.consumeractiongroup.co.uk/forum/mbna/157941-darset-mbna.html

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
odezi

odezi

Posted
  • Author
Posted

Many thanks for the link. I read through it in some detail and it was very useful. I am going to try and get my PPI back before I get much deeper into this issue with MBNA.

 

Many thanks again Citizen B

Link to post
Share on other sites
maroondevo52

maroondevo52

Posted
Posted

Hi, odezi.

 

You could send them the 'dispute' letter............

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.html

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites
odezi

odezi

Posted
  • Author
Posted (edited)

Hello All

 

I got two interesting correspondence this week that I need to share with everyone. First MBNA send me another letter offering me discount for a full and final settlement and out of the blue 1st Credit have now done the same for the debt that was sold to them. They have offered up to 30% for a full and final settlement. Yet they have not sent me the CCA.

 

Has anyone had this before and if so how should I proceed? I have no intention of settling until they provide the CCA.

Edited by odezi
Link to post
Share on other sites
odezi

odezi

Posted
  • Author
Posted

I had a recent call from MBNA infroming me that my account was going into default if I did not pay them £8 and was going to be sold to a third party. I tried to inform MBNA about my CCA request but she just simply played stupid and kept changing the conversation. I have sent them an 'Account in Dispute' letter so, I am guessing they can not put my account into default or sell it. Is this correct?

Link to post
Share on other sites
maroondevo52

maroondevo52

Posted
Posted

Hi,

 

'lifted' this from a dispute letter..........

 

You had until xx/xx.2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation. If you continue to harrass me without complying with my original request your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites
  • 3 weeks later...
odezi

odezi

Posted
  • Author
Posted

Hi All

 

The saga with MBNA continues.

 

I sent them a dispute letter on 27th April and within a few days they asked the debt management company managing my debt to increase the monthly instalment they are paid. I refused and informed the debt management company of my reasons. MBNA have now sent me a letter demanding I repay the arrears or I will be in default. They said in the letter that they may terminate the agreement and take court proceedings to recover the whole amount.

 

It's strange that they are taking this action now after making two offers of discounts for full and final settlement. Am I correct in assuming that they can not take this action since the account is in dispute? What other letter/action can I take to move this forward?

Link to post
Share on other sites
odezi

odezi

Posted
  • Author
Posted

Hello All

 

I have now received a letter from 1st Credit that I have broken the agreed instalment agreement and the full balance is now due. What agreement is the first question I asked myself. I checked through all their correspondence and the last one was them offering me discount for full and final settlement. It's strange that they are asking for the money yet when I asked them for the agreement they asked me to go to MBNA. Should I be dealing with them at all since they don't have the agreement? I intend to reply them and inform them that the account is in dispute and any action they take will be illegal.

 

Please let me know what other useful action I need to take.

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...