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    • own topic created  tnx the info. dx  
    • this debt: MBNA Bank of Scotland Card debt- LInk got a CCJ - now want payment review - MBNA - Consumer Action Group and a barclaycard loan - did you ever send the a CCA in all these years.....when was it taken out?    
    • Welcome to the Forum. The PCN must be subject to Bye laws as the warning near the bottom of the PCN does not comply with the protection of Freedoms Act 2012 Schedule 4 Under Section 9 [2][f[] of the Act it should say: (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver ,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Their version states they are pursuing you as the driver [because of the Bye laws they cannot transfer the liability from the driver to the keeper] even though you are the keeper. Should it go to Court Judges do not accept that the driver and the keeper are the same person. Obviously on many occasions another member of the family may be driving instead of the keeper. Indeed anyone with a valid motor insurance policy is able to drive your car. if any of the three cars were not driven by the keeper they are not liable to pay the PCN only the driver is.  as long as they do not divulge who was driving those lovely people at Alliance haven't a hope of winning against them in Court. What a shame. However while those keepers who were not driving are in the clear all is not lost for the other keeper drivers. Alliance still have to prove who was driving which is difficult providing those keepers do not appeal.  It is quite often that on appeal the keeper may say "I entered the car park at....."  immediately giving away that they were the driver. Plus even if you appeal it won't be accepted as a] they lose £100 straight away and b] mostly all the major car parking companies are dishonest scrotes. In the meantime you will be on the receiving end of threatening letters from Alliance, unregulated debt collectors and fifth, sixth or even lower rated solicitors all trying to frighten the life out of you to cough up. They can all be safely ignored since if you don't contact any of them they don't know who was driving so have no information that the can use in Court to identify the driver. Some time in the future they may send you a Letter of Claim which must not be ignored. Just let us know and we will advise a suitable snotty letter to send them which will show that you are not afraid of them and are happy to turn up in court knowing that you will win. Sorry it was a bit long winded.  
    • He’s still At it from a bungalow on Haslingden Road. Changed name to Bamberbridge cars with a Preston based phone number (01772) but dodgy dealings at the bungalow are still a go.
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cupcake68 Vs A & L


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Hi

 

I requested a CCA from A & L on 190309.

 

I have had plenty of phone calls and one letter requesting payment but no mention of my request.

 

today I received this TC Alliance and L pictures by cupcake62 - Photobucket

 

Should I be sending them this?

 

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

or this?

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

 

Or is there something else I should send them? I'm not too sure is RMA part of A & L ? Or are they an independent DCA?

 

Thanks for everyones advice.

 

Esile:confused:

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  • 1 month later...

Hi

 

I have received this from A & L TC A AND L CCA rec 150609 pictures by cupcake62 - Photobucket

 

Slightly confusing!

 

The letter is from Alliance and Leicester but it says they have not been able to send a copy of my original agreement and that they have requested a copy of it and should Alliance and Leicester be able to provide them with a copy, they will forward it to me.

 

I could understand this if it was written on a MBNA letterhead but from A & L ??

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  • 4 months later...

cupcake68, those details are NOT from Alliance & Leicester, they are from MBNA. MBNA does NOT have your original CCA, that is why they have not sent it, not because they are exempt from doing so. If they had it, they wouldn't have asked A&L for a copy. If you write directly to A&L requesting this, they will NOT be able to provide you with it either. A copy of terms and conditions does NOT constitute a true copy of your CCA and a copy of the most recent T&C's most certainly does not. I know because I requested a CCA and got exactly the same reply.

 

MBNA will now sell your "debt", whether in dispute or not (and if it is, they are selling it illegally) most likely to Capquest. You will receive no notice of assignment and Capquest will begin a campaign of threats and intimidation, ringing you several times a day and sending you letters at least weekly, ultimately resulting in a seriously flawed and illegal Statutory Demand and threats of bankruptcy. I know because its happening to me.

 

DO NOT give in to these bullying tactics. DO NOT contact them. DO NOT confirm your identity if they contact you. DO NOT make any agreements to pay. They WILL NOT send anything by recorded or special delivery and so will have no proof of any letters being delivered to you. And they WILL NOT follow through with bankruptcy threats.

 

DO claim all your charges and penalties back. If they send you a Statutory Demand, get it set aside and claim your costs back. DO write to the Office Of Fair Trading (OFT) and make it aware of both MBNA's and Capquest's practices. Report them to your local Trading Standards.

 

The power is in your hands, not theirs. They know it and are running scared. Keep the faith!

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  • 3 months later...
  • 2 months later...
  • 3 months later...

Hi

 

I informed Experto that the account was in dispute and should not have been sold on.

 

Their response states that A & L supplied the "copy application and terms and conditionds" last year and that "no further communication has been received between" me and MBNA.

 

Where do I stand with this now?

 

Should I write and say if you are thinking of taking this to court you would need a copy of the original signed agreement and why not just supply it now to save time and costs or should I ignore them for now?

 

Thanks

 

Cupcake

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  • 4 months later...
  • 3 weeks later...

Hi MM

 

I sent them the letter in May 2010. They wrote back in June saying they had referred the letter back to MBNA and account is on hold until further notice.

 

I never heard any more until this week!!

 

Normal letter "because there is no payment commitment on this account it is being reviewed" !!!!!

 

I think I will write back and remind them of the dispute that has been ignored!

 

Cupcake

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  • 6 months later...

I have now received court papers combining this account with an MBNA account I have. Both have been bought by Varde and the POC's are not complete! It looks like they have run out of room!!

 

The thread to my other account is here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?205720-Cupcakes-Vs-Mbna-You/page2

 

Any advice?

 

Thank you in advance

 

Cupcake

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Me again!

 

Just found a little note in my file!!

 

Experto filed a default on my credit file on 30/10/09 Their letter of assignment was dated 07/12/09 and the default I received from MBNA was dated09/11/09 stating I had to pay by 26/11/09!

 

Seems a bit smelly to me!

 

I think I should SAR them immediately (didn't do it for some reason before!!) and see what it brings up!

 

Am I missing anything?

 

Cupcake

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  • 3 weeks later...

There may be some useful info for you on this thread cupcake. :-)

http://www.consumeractiongroup.co.uk/forum/showthread.php?315901&p=3516400#post3516400

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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