Jump to content


  • Tweets

  • Posts

    • Can someone please advise on how to upload picture.  I’ve taken a photo of the first page of claim form and converted to pdf but it saying file too big. It’s only one page
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
  • Recommended Topics

Me against them v's Abbey Credit Card


Braveheart12
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5338 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

CCA arrived today! The covering letter states;

 

In accordance with section 78 of the Consumer Credit Act 1974, we enclose a copy of the credit card agreement (original and current) including applicable terms and conditions, and your most recent statement of account.

 

We appreciate the copy of the original agreement is not very clear but it is the best copy we can provide. For the avoidance of any doubt, all of the necessary and prescribed are included in the credit agreement and in addition we have also provided you with.

 

If anything needs clarifying please call.... blah...blah...blah :rolleyes:

This looks very strange to me! This is the bottom third of a form and the second side looks like copy and paste job! If you look carefully in the botton left hand corner you can see the top edge of some text that they have chopped. Also non of the codes match each other.

 

Another thing is that there is not any mention of is the PPI they miss-sold to me!

 

Any opinions welcome! thanks in advance! :)

 

CCA1-1.jpg

 

CCA2-1.jpg

 

I've blew it up a bit but its still really unclear.

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

Link to post
Share on other sites

After viewing this CCA with Windows Photo Viewer with the zoom tool I think this is a fraud. It has several parts that have been copied and pasted to produce a CCA that looks authentic. I have compared it to another Caggers CCA (see link below) that is very similar to mine and the paragraph's and signatures boxes are not in line with each other. Looks very dodgy!

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/197919-abbey-credit-card-cca.html

 

Maybe I should send the letter Pinky69 suggested in post 5 from the link above.

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

Link to post
Share on other sites

  • 3 weeks later...

SAR Sent today FYI

Edited by Me against them!

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

Link to post
Share on other sites

  • 2 weeks later...

Recieved a response letter to my SAR today. My SAR letter was returned along with the £10 postal order due to so called security reason!:mad:

 

Their letter stated "we require you to provide a form of positive identification (an example of acceptable identification would be a copy of a driving licence or passport which includes the cardholders signature). Although statement information has been sent to you at your address a current posatl address is not an adequate form of identification. Due to the amount of personal information MBNA will be sending in the Subject Access Request, including bank details, security information, places and dates of birth, we require extra identification from our customer.

 

I don't really want to provide them with such information if I can help it! Is they required to supply me with the requested information without this I.D?

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

Link to post
Share on other sites

Dear Sir,

 

You have stipulated that you require proof of my identity/signature before you comply with my SAR, may I bring the following to your attention;

Data Protection Act Good Practice Notes:

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

 

Suffice to say that if the Information Commissioners Office are satisfied that if you have previously corresponded with me at this address then it is reasonable that I am the person I say I am, therefore there is no leglislation nor guidelines that you can hide behind in an attempt to avoid fullfilling my legal request,

 

Yours,

Print name do not sign.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=8861&d=1242456802

Link to post
Share on other sites

Should I include my oringal SAR and £10 fee, along with a copy of their letter?

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

Link to post
Share on other sites

I also recieved a letter from MBNA showing the balance on both my Abbey & MBNA credit cards. The Letter states "At least one of your accounts issued by MBNA (or issued by MBNA on behalf of an affinity partner) has been scheduled to be written-off as a bad debt next month."

 

also...

 

"If we do not receive a payment or you do not contact us by 16th June 2009, we may employ a collection agency or sell this debt after it has been written-off. "

 

Hopefully they will mess up the default notice, I will be keeping the envelope this time!

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

Link to post
Share on other sites

  • 3 weeks later...

MBNA have again responded to my SAR letter by stating I must call them to answer telephone security questions if I will not provide them with copies of my identification.

 

Idiots..they can send me pointless letters and demands to my address, but not information about myself!:mad:

 

Is there a way to make them send this information...also they have kept my £10 postal order!

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

Link to post
Share on other sites

Can anyone advise me of how to get MBNA/Abbey to send me my information?

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

Link to post
Share on other sites

You could suggest that you pick them up personally at an Abbey branch where you will prove your identity.

 

If they still fail to comply you can then make a complaint to the Information Commissioners Office who have the power to make them comply.

Link to post
Share on other sites

  • 4 weeks later...

Still know sign of my Subject Access Request which was posted on the 2ndh June, over the specified 40 day period. Is there need to send a follow up letter highlighting there non-compliance?

 

I sent them a letter asking them to send the information to my nearest branch and inform me of when I could pick them up. i have not received a response to tha letter either (sent 8 July).

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

Link to post
Share on other sites

  • 4 weeks later...

Finally my DN has arrived today. MBNA say I have to pay the full outstanding balance to remedy before the 29th August!

 

I thought it was only the amount of over your limit or your arrears; which ever is greater. Not the Full ballance!

 

They say "You have repeatedly broken your agreement with us by failing to make your minimum payments. Paragraph 8f of you CCA provides that, subject to sending you any notice required, you must pay the whole balance if you repeatedly break this agreement and fail to sort out the matter. A stop has been placed on your card and a defualt has now been registered against this account at the CRA's."

 

Can anyone confirm that this DN is dodgy so to speak! Thanks.

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

Link to post
Share on other sites

  • 1 month later...

Still no sign of the SAR document, I have asked for them to be made available at my local branch so I can show them ID and collect in person. There was no response to my letter.

 

Also the account has now been passed to Lowell.

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

Link to post
Share on other sites

By complaining to the ICO, is this likely to get Abbey/MBNA to provide me with the documentation?

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...