Jump to content


  • Tweets

  • Posts

    • is the side street solely for access to your garages? who owns the land and thus the road? dx  
    • A local business has been parking on an off-street parking space in front of my garages (in a side street).  I wasn't using them for a while so didnt bother to do anything.  But now a second local business is also using the osp - taking it in turns with the 1st biz.  This has started to nark me.    The employees choose to drive to work.  There is no private parking in their business's street.  But there are some underground secure garages in their street - which cost apx £2.4k/y to rent - which works out apx £6.60/d. (I believe one of the biz owners already rent one for storage purposes).  If the employee had to park on a meter it would cost them £6.60/h - £66 for 10h and have to move every 4h.  They just don't want to pay for parking. I haven't confronted either of them.  Instead I just put 2 clear "no parking" signs in front of the garages. And a note on one of the cars specifically saying that as they don't live or rent in the street and it's private land could they stop parking.   They ignored that.  And just put notes on their dash with a # to call if one needs the car moved.  There is a sign and they've been told in writing to stop parking. And they are just ignoring it.    I don't what a confrontation.    I don't want to go to the expense of bollards (other than maybe traffic plastic ones - but they'll probs just move them).  Council won't do zilch cos it's private land. And police won't get involved - unless I clamp/ tow the cars and then they'd be after me, not the drivers!    What's the best thing to do?
    • yes might be the best idea. you'd only at best get 8% flat interest and that unusual on a GOGW if this was what it was. simply contact the FOS and let them know its resolved. dx  
    • If you’ve ever wondered how you might fare in armed combat, the first 20 minutes of Steven Spielberg’s Saving Private Ryan is likely to make you thank your lucky stars you were born too late to storm the Normandy beaches on June 6 1944. I suspect many of us might be driven to identify with those men who were absolutely turned to stone by fear. And yet these young men, mainly conscripts, screwed their courage to the sticking point and did the job the fate had chosen for them, heroes all.   .. UK PM Sunak perhaps thinks he understands mind numbing fear better than many as he dishonorably fled the beachhead to do nothing more than double down on dishonest spin and lies from the safety of a UK studio .. The Normandy heroes who not only held their positions, but advanced through hell to a victory that changed the entire course of history .. undoubtedly hold a different perspective.     from a perspective in TheConversation     .. 'That was the slot that sunaks team offered for the interview
    • Yes, send a message to the purchaser but keep it very friendly and simply that you noticed that the package has now been delivered.  I suggest that you ask them if they want to keep the package still or if they would rather return it and that if they want to keep it then please will they return your payment to you to your PayPal address. Keep it as polite and friendly as possible and then we will decide what to do if he doesn't reply or refuses.  Meanwhile I will have a look at Google earth and see if you are able to spot the gas meter outside the house to get an idea if the delivery is real. Get a screenshot
  • 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

Restons/MBNA Issued Court Claim **ROUND ONE TO SF**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5341 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

Still subbing sf ;)

 

 

 

Angel, surely you've done that by now!!!!!!! Hope you look at the CPR route too.....:cool:

 

 

hiya AA99 oh yes to mbna i did just maybe do it to lewis group too, just to show more in my paperwork trail and just to see if i got something totally different back,,,since there are many different styles being sent out;);)

 

cpr may be perhaps more appropiate mind you,,,,so have to consider that too thanks

 

keep happy everyone laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

  • Replies 536
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

hiya AA99 oh yes to mbna i did just maybe do it to lewis group too, just to show more in my paperwork trail and just to see if i got something totally different back,,,since there are many different styles being sent out;);)

 

cpr may be perhaps more appropiate mind you,,,,so have to consider that too thanks

 

keep happy everyone laters angel x

Hi Angel!

Yes i am takeing your advice !and that of what Bankerrhymeswith! put up on some of his/her posts:DI have sent a few letters now stating my doubts and concerns to them and Restons about my alleged agreement!and i did send them a couple of letters before DN notice making an infromal appointment to view the alleged agreement iat my own expense and time:D stating that it would be a amicable way solving dispute and saving court time and expense MBNA totally ingnored by overtures!i wonder why:Di mean you would think they would want to show me this alleged agreement which they alledge is correctly executed and keep insisting they have:DSo if a DJ asks us what i have done i willl tell him/her that i made reasonable efforts to see alledged original agreement and asked for confirmation that all those scraps of paper were from same document! pointing out that it would be a way of resolving dispute and saving court time!which they just ignored:D and now they ignoring CPR31.14 request!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

scan0007.jpg?t=1244887903

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

just received this ! They are claiming that that what they sent me in response to request for original alleged agreement in earlier post in that citB got me to write to them when they first contacted me complies with a CPR31.14 request

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

They say the termination notice not applicable:confused: but i thought that was the purpose of DN notice:confused: Am i being a bit thick here! Surely if MBNA defaulted and sent DN notice the account terminated:confused:Am i loosing the plot!:eek:

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

They say the termination notice not applicable:confused: but i thought that was the purpose of DN notice:confused: Am i being a bit thick here! Surely if MBNA defaulted and sent DN notice the account terminated:confused:Am i loosing the plot!:eek:

 

I don't believe that there is an absolute requirement to issue a termination notice in the same way as there is for a DN.

 

Not applicable probably just means that a TN doesn't exist. I certainly have never received one from MBNA for any of my accounts.

 

Nonetheless, a termination can be implied by virtue of actions such as demanding full payment via a court action. The wording of the DN is also critical. Mine clearly states that the account will be closed and the agreement terminated. Does yours say the same SF??

 

Additionally, have they stopped issuing monthly statements, charging interest and written the balance off?? These are good indicators of termination also.

  • Haha 1

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

Link to post
Share on other sites

Is the DN an exact copy of the one you received, SF ?

  • Haha 1

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

scan0009.jpg?t=1244899173

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

Hi CitB

It is exactly the same as last DN notice

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

I don't believe that there is an absolute requirement to issue a termination notice in the same way as there is for a DN.

 

Not applicable probably just means that a TN doesn't exist. I certainly have never received one from MBNA for any of my accounts.

 

Nonetheless, a termination can be implied by virtue of actions such as demanding full payment via a court action. The wording of the DN is also critical. Mine clearly states that the account will be closed and the agreement terminated. Does yours say the same SF??

 

Additionally, have they stopped issuing monthly statements, charging interest and written the balance off?? These are good indicators of termination also.

Hi Welshman

They have stoppped issuing statements So they have terminated my account

Edited by sunflower99

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

scan0003-2.jpg?t=1240426980

So they are saying trhis complies with a CPR31.14 request

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

scan0004.jpg?t=1240427982

and this is what they trying to imply is overleaf though Restons did sent it as two seperate pieces of paper unlike MBNA who sent it copied onto back and front of same page!on their s78 request!

Edited by sunflower99

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

Hi DJX

 

It is also a debt with MBNA, who offered to accept £90 per month in May and then changed their minds and sent the debt to Restons!! When I sent Restons a copy of the letter from MBNA saying they would accept £90 per month, they said this was no longer acceptable to their client and they wanted the full amount (£10,000) by 17th June

 

 

Think MBNA have been told by their masters to get some money in, hence they are issuing all over the place.

 

You need to:

 

Set up your own thread on this so as not to confuse the issue.

 

Either do a sec 78 1974 request or use CPR 14 to get documents from Restons.

 

Send a Subject Access Request, (will cost you a tenner), to MBNA to see what they have been up to.

 

They may mean business, so best be prepared.

 

David

Link to post
Share on other sites

Hello everyone-this is the most informative thread I have ever read-well done and thanks to you all!!

 

I received the first stages of court threat letters from Restons today-giving me until June 17th to pay in full or legal proceedings will be taken etc etc

 

It is also a debt with MBNA, who offered to accept £90 per month in May and then changed their minds and sent the debt to Restons!! When I sent Restons a copy of the letter from MBNA saying they would accept £90 per month, they said this was no longer acceptable to their client and they wanted the full amount (£10,000) by 17th June

 

I am on a DMP with CCCS who have been brilliant and it is only MBNA who are being nasty.

 

As and when I get the court papers would anybody be able to help me fill them out? I havent SAJ'd MBNA yet-should I do that now or send the sample letter in the thread once court proceedings are issued?

 

All your advice would be much appreciated

 

DJX:D

Hi DJX

I am glad my thread was a help to you!You will get plenty of help and advice and if you get a court summons Cag is brillaint and someone knowledgeable will take you on and assist with court forms and advice! So try not to worry to much.I found when the chips are down and a court summons arrives there are lovely people on Cag who will help you and if they cant they bring you to attention of people who can! :-)

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

Min'e a similar story, but with HFC.

 

This thing I knew of Reston's was when I recieved the paper work from Northampton!! I instantly sent a CPR to them, they didn't respond to me so i filed an embarressed defence. I also sent a SAR to HFC, but they are playing silly bee's and refusing to send the info till I send my passport, driving licence and a recent ulility bill to them as proof of ID and fill in their security form!!

 

A couple of days later (after the court sent my defence to them!!) I received a letter back statign that the CPR was not applicable to them (their claim was for £21,500, plus £3509 collection fees) and all they sent attached to their letter was the DN and CCA and a payment history.

 

Restons have made it clear that they want a CO against me, so I am fighting hard to avoid the CCJ

 

The court have written to them and given them till the 10th June to respond or they will automatically stay the case.

 

Form what i have read on the forums about Restons they go in hard and hope that people roll over and accept a judgement. When people fight back they are a bit shocked!!

 

so if you dont have a passport or driving licence - then presumably you are denied justice!! muppets

Link to post
Share on other sites

I don't believe that there is an absolute requirement to issue a termination notice in the same way as there is for a DN.

 

Not applicable probably just means that a TN doesn't exist. I certainly have never received one from MBNA for any of my accounts.

 

Nonetheless, a termination can be implied by virtue of actions such as demanding full payment via a court action. The wording of the DN is also critical. Mine clearly states that the account will be closed and the agreement terminated. Does yours say the same SF??

 

Additionally, have they stopped issuing monthly statements, charging interest and written the balance off?? These are good indicators of termination also.

 

well you could write back and ask them to explain why the TN is not applicable?

  • Haha 1
Link to post
Share on other sites

is it? then where have the vertical numbers "46767 CP1207-let" gone from the bottom RH corner!

Hi Didddydicky!

Well spotted! Though they will probably say as it just a copy of DN and not important, But i get your point I suppose if they copied whole lettter to print off you would think that would appear as well!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

well you could write back and ask them to explain why the TN is not applicable?

Thanks for your advice DiddyDicky! Yes i am thinking what reply to compose and that would be worth mentioning!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

Thanks again folks for everyones help and support! I am very grateful for all your help and input on this thread!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

well you could write back and ask them to explain why the TN is not applicable?

 

I'd be interested to see their response to this one also SF!!;)

 

As mentioned earlier, I'm guessing that the DN is a computer print off, as opposed to a photocopy of the original, as all they seem to do is record the dates on the computer log.

 

AS CB said, it is worth checking that their DN tallies with yours as another Cagger, Pompey Faith, had the dates and clause numbers changed on his...just as well he kept the original eh?!!:D

 

Keep us updated with your progress SF.:)

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

Link to post
Share on other sites

I'd be interested to see their response to this one also SF!!;)

 

As mentioned earlier, I'm guessing that the DN is a computer print off, as opposed to a photocopy of the original, as all they seem to do is record the dates on the computer log.

 

AS CB said, it is worth checking that their DN tallies with yours as another Cagger, Pompey Faith, had the dates and clause numbers changed on his...just as well he kept the original eh?!!:D

 

Keep us updated with your progress SF.:)

Hi welshman

I am afraid alll the dates and wording tally with original one but as you say it is not a copy from original copy as there is a minor difference in that they have portrayed the remedy date in Restons copy as March in written form but on MBNAs original copy march is portrayed as a number 03! as well as the missing serial number! but i suppose as dates and wording the same it would not be a reason for query in court?:(

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

WM it will be very interesting to see how my case pans out tomorrow PF

Good luck popeyfaith! I hope you give em grief!:) and keeping my fingers crossed you see them off!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...