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


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    • ffc1991_
      Driving disqualification through x2 MS90 was unaware of - failure to identify but not the org speeding? sent Statutory Declaration to the court? - help

      By ffc1991_ · Posted

      Hi on the notice of disqualification it lists the 2 speed offences and marks offence withdrawn? This is for both offences and then the other 2 is the MS90s which I’m fined for and the additional costs. R
    • OldVWMK1
      Markerstudy - Other driver fled the scene

      By OldVWMK1 · Posted

      Hi,    It has taken a while, but I have received an email from Auxillis -  hello, we are not dealing with this claim all we do is log accident for you isnurance - the claim has been passed to your underwriter markerstudy 0344 873 8183 as they are deal with fault cliams ion behalf of adrian flux. thankyou auxillis   I have made repeated attempts to phone Markerstudy in between working from home, struggling for energy and trying to find a cheap car so that I can keep my job (community support worker). Thankfully I have a supportive team and I am being given phone calls to make but it cant last too long. I had a severe migraine over the weekend and also have quite bad whiplash in my neck and back.    I found this in my insurance policy booklet -    Protection and Recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: • the cost of its protection and removal to the nearest approved repairer, competent repairer or nearest place of safety; and • the cost of re-delivery after repairs to your home address; and • the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer, place of safety or make our own arrangments for re-delivery at any time in order to keep the cost of the claim to a minimum     I do about 20-25000 miles a year with the work I do, I have been getting quotes and putting that I have now have one accident and no no claims bonus and the cheap quotes from similar companies to markerstudy are more than double what i paid last year at 8-900 and aviva is offering 2600 which is simply out of my price range and more than the car i am looking at.  I am starting to wonder if it is even worth going ahead with the claim as i have no one to claim from. I have had no information from any of the enquiries I have made.  I have a full tank of vpower diesel in the car in the impound, i can strip it for parts and probably make what I will be offered by the insurance payout and get the money quicker.  As I have made contact and started the process can I back out, still keep my NCB and a claim free history? Also what happens with my injuries? I don't think there is any permanent damage but my dr refused to see me and just gave me a boat load of naproxen and codeine. What happens in the future if things don't get better and I cancelled this claim? Can you claim injuries off your own insurance because the other guy ran and you cant find him? I have tried to ask these questions off markerstudy but they keep me waiting for nearly an hour then end the call.    Thank you for your time and help.  It is really appreciated.  I am quite honestly on the floor, I have been really ill, in hospital, had nearly 6 months off work and only been back full time a few weeks and now this.  The fact the company you pay large sums of money to look after you in a time of need is also behaving criminally just makes you want to give up.    
    • ffc1991_
      Driving disqualification through x2 MS90 was unaware of - failure to identify but not the org speeding? sent Statutory Declaration to the court? - help

      By ffc1991_ · Posted

      Thanks for the response. Am I able to send you the documents I’ve received or can you message via instant message and I’ll send these? Reece
    • Man in the middle
      Driving disqualification through x2 MS90 was unaware of - failure to identify but not the org speeding? sent Statutory Declaration to the court? - help

      By Man in the middle · Posted

      Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court. When you get there you can ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all meaning you will have to approach "specialist" (aka extortionate) brokers. So you really want to exhaust every possibility of avoiding MS90s if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • theoldrouge
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By theoldrouge · Posted

      Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 

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      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.

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

MBNA AGREEMENT. Just received. Is it unenforceable?

anxious1234

By anxious1234
in MBNA

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alfwithhair

alfwithhair

Posted
Posted

Although it is an application form it looks enforceable to me as it contains the precribed terms on the rear of the document and this is refered to at the bottom of the front page, so not a chop shop job

But I'm not an expert, maybe wait for a second opinion

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anxious1234

anxious1234

Posted
  • Author
Posted

Can you have a look at the agreement to see if unenforceable.

I owe £18,000 and have received a letter from MBNA offering full and final settlement at £6500 ( they proposed £7500 2 weeks ago). This leads me to believe that it may be unenforceable. If enforceable then why offer this settlement figure.

 

Need to make a decision on what to do.

 

Thanks

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cosalt

cosalt

Posted
Posted

Hi anxious, I think it is clear that the agreement is a true copy..........however can I ask what your initial credit limit was ? The reason I ask is that you agreement ( in line with other mbna's ) only shows interest charges for limits of £4000, £7000 and £10000. It has been mentioned elsewhere that if your limit was different to these amounts then there is no interest rate shown, therefore making it unenforcable.

 

Cosalt

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cosalt

cosalt

Posted
Posted

Oh and I think you could be right, if it was enforcable then why offer a discount ?

 

Just bear in mind that if they offer you a 'discount' this is likely to be marked as a partial settlement, meaning they or a dca can still come after you for the balance. If you do intend to go down this road, then insist on confirmation it is 'full and final' in writing before proceeding.

 

Cosalt

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toto003

toto003

Posted
Posted
Hi. As far as I know its always been £18,000. However, only have copies going back to 2007. If not £18,000 then I am sure it would have been £15,000

 

Read your agreement VERY VERY carefully, especially the sections 1d to 1h.

 

I bring your attention to wording of 1h especially.

 

"The APRs Shown below apply after the end of any promotional period set out in paragraph 1e ..."

 

The table (as stated by already in this thread) only gives APRs for Agreements with limits of 4k, 7k and 10k.

 

A credit card is an instrument of "Revolving Credit" - and if you didnt have a limit of 4k. 7k or 10k, then MBNA have failed to state the prescribed term of the interest rate.

 

There may be other flaws with the agreement ... but this is the only one I have become good at spotting.

 

in my opinion - this one failure alone makes your agreement unenforceable.

 

but please check the wording very carefully and ensure I havent missed anything.

 

toto

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anxious1234

anxious1234

Posted
  • Author
Posted

Hi. Have re uploaded the terms which should be clearer.

 

Can someone check these for me. I understand that the interst rate is not showing as my credit limit was £18,000 but how about the rest of the terms. Any other dodgy ones.

 

Will the fact the the interest does not show for my given credit limit stand up on its own in court as being unenforceable?

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toto003

toto003

Posted
Posted
Hi. Have re uploaded the terms which should be clearer.

 

Can someone check these for me. I understand that the interst rate is not showing as my credit limit was £18,000 but how about the rest of the terms. Any other dodgy ones.

 

Will the fact the the interest does not show for my given credit limit stand up on its own in court as being unenforceable?

 

 

Failure to state the rate of interest is a prescribed term and that alone makes the agreement unenforceable. there are other things wrong with it in terms of interspersing etc.

 

MBNA would of course try to deny that the agreement is defective.

 

however, you will need to satisfy yourself that the agreement is unenforceable. I dont know if I can explain it better than I already have.

 

are you asking this with a view seeking a declaration that the agreement is unenforceable ?

 

have you read the guide by Steve4064 ?

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toto003

toto003

Posted
Posted (edited)
Forgot to attach

 

Well there you can see at the end of point 1e

 

"We will then charge interest on transactions as shown in paragraph 1h"
They have stated the rate of interest for any promotional period only. Not for revolving credit. Edited by toto003
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anxious1234

anxious1234

Posted
  • Author
Posted

LOL. I meant to say unenforceable. Thanks for your input.

 

If I understand it correctly then the fact that my limit was £18,000 and the rates shown are upto £10,000 only, means in my case they have not given a rate, making it unenforceable. Correct?

 

You also mention other things wrong. Can you enlighten me?

 

Given that they have offered me a 65% discount, would you accept this or fight it as unenforceable?

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toto003

toto003

Posted
Posted (edited)
If I understand it correctly then the fact that my limit was £18,000 and the rates shown are up to £10,000 only, means in my case they have not given a rate, making it unenforceable. Correct?

 

It is actually worse (for them) They have only stated rates for three exact limits. So if the initial credit limit was £9,999 or £7,001 for example, then they would also not have the interest rate stated.

 

You also mention other things wrong. Can you enlighten me?

 

Please remember I am am amateur at this (as are most of the people on this site) - and this is a self-help site, I haven't quite got the gist of everything yet - and until I understand the other factors 100% - I will not try to go into detail explaining them, I can only try and point you in the right direction.

 

Here is a list of areas where your agreement MAY have issues -

(let me be clear - I CANNOT EXPAND ANY FURTHER ON THIS AS I DONT FULLY UNDERSTAND IT MYSELF YET)

 

 

Repayments - The timing of repayments must be expressed in the manner required by Schedule 1, Paragraph 12 and the amounts of repayments must be expressed in the manner Required by Schedule 1 Paragraph 13 if the agreement is to be properly executed. Regulation 6(1) of the Agreement Regulations requires the signed document embodying the regulated consumer credit agreement to contain a term stating how the debtor is to discharge his obligations under the agreement to make the repayments - Paragraph 5 of Schedule 6 (note - Prescribed for the purposes of Section 61(1) (a) and Section 127 (3) of the Act

 

Other areas that need to be looked at with mbna agreements are (but do not necessarily make an agreement unenforceable);

Forms of statement of protection and remedies

Variable Rates or items

Charges on default

APRs (must be calculated in a certain manner)

Interspersing (putting in waffle I guess?)

Prominence (Certain things have to have different lettering - I think larger or underlined than others)

 

Given that they have offered me a 65% discount, would you accept this or fight it as unenforceable?

 

I would read the offer they have made to you VERY carefully and ensure there isn't the word "Partial" - their offer must state Full & Final - and you must have it in writing.

 

having read what mbna have done to some poor people on this forum, I wouldnt want them to get a penny ... you may have a different view.

 

there is obviously the hassle factor of getting the debt declared unenforceable and if you wish to tackle this issue yourself , you will need to spend the time to learn how these lenders are likely to behave, only you can decide if it is worth the effort.

 

hope this helps

 

toto

Edited by toto003
Minor Grammar and Spelling corrections.
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