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    • Evening Caggers, I've attached what Lowells had sent the OH relating to my CCA request.  If you ask if the credit agreement could be better its even worse in real life (its pretty much unreadable to the naked eye).  They've asked me on the last letter the OH got off them that they would not be sending another copy of the CCA as they've already sent one.  I get that they've sent her a CCA, but to be unreadable this cannot be correct.  Anyway the stars aligned today as the postwoman delivered the contents of the SAR I'd sent to Lowells.  What they sent was generic letters but without the OH's details showing which I thought was quite strange, copies of what I've attached on the PDF and a couple of legacy information from the previous DCA that had it.  What was not included was a breakdown of any additional charges and interest placed on the account nor a Default Notice which I specifically asked for.  Anyway any thoughts on what I've posted would be much appreciated.  Thanks PM  20201031-Lowells OH Vanquis Card Redacted.pdf
    • You need to tell us the story.  I'm afraid that the claim form gives almost no useful information.   You've been here since January and it's a shame you didn't come to us before starting this
    • You made  number of errors:   You didn't take pictures You used Hermes You relied on faith (Bless!)   Yes, you will have to issue legal proceedings. Post up your proposed letter of claim here before you send it off.  Don't expect it to have any effect.  You will have to issue the papers.   Normally Hermes would then force you at least to go to mediation and would then settle for what they think they can get away with in order to avoid court action.   Hermes don't want judgments against them where those judgments would expose their unfair treatment of customers - such as insisting on insurance to cover their own negligence, or relying on a prohibited items list to evade liability for loss.   However, in your case, the issue is not one of insurance or prohibited items.  The question is merely whether the items were adequately packed and so on this issue they could afford the risk of going to court and losing because nothing would undermine their way of doing business. I am telling you this because it means that Hermes might be slightly more determined than usual to to face a judge even though the dispute is over a small sum.   Read around some of the Hermes threads to see how it normally goes - but as I suggested, most of them will not be relevant to you.   I don't see any purpose in sending an SAR in this case but please do tell us if you disagree.   Once you send the letter of claim, you must carry out your threat to begin the claim on day 15. Register on the Moneyclaim website and start getting the claim ready.  Let us see the draft POC before you click it off          
    • How much do you owe in arrears on the mortgage including interest ?   Why don't you look into challenging possession, offering a lump sum, plus regular monthly amounts covering both normal mortgage repayment and an amount towards arrears ?  Obtain legal advice about this.  Can Shelter Housing charity assist you ?   Seems to me that if you are looking at a return of ownership, then you need to think how financially this will be achieved.  
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Very strange behaviour from MBNA


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What is the amount of the alleged debt? and are you a homeowner?

 

And a charge on the property is not at the discretion of the courts should a judgement against you be made, it only becomes an issue if you miss a payment on

the amount awarded against you each month. (the amount the court order you to pay each month) only then can a charge be applied.

I reside in Dawlish Warren but am not a rabbit.

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The latest communication from Experto Credite (who now have my MBNA account) advises me that they know I am a home owner and that they are considering legal action that will result in a charge being taken over my property.

 

I do feel like replying reiterating my continued denial of the debt and highlighting the presumptuous nature of their letter because as far as I am aware any charge would be at the discretion of the court and only after the debt was proven. However, I do think that a reply merely alerts them to the fact that you are listening and in turn opens a whole new dialogue.

 

Your suggested responses are most welcome

 

 

Just another one of their threat letters!

 

I would imagine after your name and address at the top of the letter in small print you have "HOM2"

 

Its just a standard template letter that they have probably fired off to loads of people in a desperate attempt to scare people because they are mentioning the fact that you are a home owner.

 

They know full well that they have bought unenforceable alleged debts, but I guess if they keep persisting they will wear down some people into unneccessarily making payments.

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

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DebT: Yes I am a home owner. The alleged debt is just under £10K. Thanks for clarifying charge procedure.

 

GeoffreyAlby: It actually has Hom1 rather than Hom2, I guess therefore that I can expect a Hom2 at some future date.

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A fresh barrage of call from MBNA, or rather from a determined “fatherless dwarf” saying he was calling from them, has just tried catching me on almost every number I have; business, home and mobile. Told him I had nothing to say and he insisted that he would just keep phoning back. I said that I would need to report them for making nuisance calls and he said please do so. All rather childish and not the level of professionalism one expects from of company of MBNA’s stature.

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Professional and MBNA don't go together in my opinion! I suspect they are a bit down on their target for collecting bad debts for September and this is a last attempt to get funds in before the 30th. More than likely there are bonuses hanging on them hitting some spurious target. Haven't bothered me yet so bound to now!

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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Ah well in that case if he phones back again I'll keep him in conversation for as long as possible before reminding him that his call to me is hardly likely to help him reach any target!

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Was this guy from MBNA or CMC (also known as Experte Credito)?

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

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Strangely enough he was not clear. He said he was calling about my MBNA account rather that he was from MBNA. Today I have a letter from Aegis offering a 60% discount from the MBNA account is I settle in 3 monthly instalments! The phone number was 0118 952 5300 which I looked up to find related to Experto Credite.

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Goodness, its not easy keeping track of all these people is it?

 

MBNA - Experto - Aegis - CMC - Old uncle Tom Cobbly an all!

 

I have only got as far as Experto with one of mine so far, so guess I have a long way to go!

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  • 1 month later...

Why do DCA’s come in waves? I can go for months hearing nothing then all of a sudden many strike at once. In the case of this thread the latest letter from HL Legal on behalf of Experto Credite Ltd who are agents of Varde Investments (Ireland) Ltd., (yes it is rather confusing but I’m sure this is the account that started life as MBNA), threatens to instruct their Scottish agents to raise action against me unless I pay blah blah.

 

I’m inclined to ignore until they actually serve Sheriff Court papers but would appreciate any comments from others who have been down this path already?

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  • 1 month later...

Hi All

I am passed on by experto to CMC and they offering 50 % off debits or pay what can i afford even a £10 monthly blah blah and also have offered to pay the same amount to MBNA as I make payments ie If i make £10 payment they will make £10 payment If I pay £50 they will pay £50 ( Aww so nice and kind ) for month of dec and jan . or keep continuing payments of £10 and they will review my circumstances evey now and then ,,,,,,,,,,,Experto failed to get me SAR instead they sent me internal call log althouhgh i have made payment for SAR to Experto.

Onething i want to know they offered me the option of Bankrupcy ( what is their interest if i go Bankrupt )

Sometimes i feel so stressed with threatning calls and letters that i think i should pay a £10 every month to avoid the stress but then get scared that by doing so i may enter into another contract for life and why i should pay them while i have paid them more than i actually borrowed and these are all their sky high interest charges and late fees . why they dont provide me SAR . I offered experto and others that after studying sar if i still owe them i make payments somwhow at no more than 7 % interest charge etc .

what should i do? I need an urgent and safe advise before i committ myself to anything regretable . ( I dont have any property on my name my OH removed my name from home and mortgage papers last year and is the sole owner of the house)]

Please advise me what i should do i dont want to make some silly decession or mistake .

please please help as you always do .

Hussy

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ive received teh exact same letters today. one offering payments of £10 the other no payment in dec and jan and they will match what I pay.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Oh dear Xmas is nearly here, if we can get them to pay say £10 per month, they (us) may think oh goody more monies to spend xmas, they will not ask for more, (We will get them in the new year as they have made a payment, so accept a debt we are chasing without doc!s.) Well they might be trying it on ??????? End of year/bonus time????

:mad2::-x:jaw::sad:
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I'm still wondering if MBNA have told Experto that they sent a load of us letters stating that ''at this present time, they dont hold an enforceable agreement and while this situation persists, they will not take court action''! How would Experto/Varde feel about that, after buying up so many accounts? :)

 

BF

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I hope you do not think that my experiance is even more stranger.

Remember MBNA are an American Bank and just this last week the UK Judiciary mainly a district Judge allowed a UK Citizen to be heald without trial and without bail for upsetting the Americans. I hope people will continue defending justice but we have a real uphill struggle. See my post at titled No hope for Justice

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Hi, Not all my posts are being published for some reason. Please see my post no hope for Justice if you can view it.

 

I am a home ovner. My alleged debt to MBNA was £7,800. I paid it off in vrious lump sum payments,then recived a final demand for another £3800. I challanged it and contacted FOS / CAB.

 

MBNA and Restons solicitors still applied for an intrim court order before FOS had concluded their investigation. Initially they did not send me my financial information as part of the data access request and they refused to send me past Statements.

 

Cut a long story short , last week a district judge gace them a charging order without any proof that I owe the money. I was told to appeal but I can not afford the costs.

 

Through all this I have been paying them £100 per month and have not missed any payments.

 

The Judgement has come through but the the judge also allowed them to add further anulised intrest and costs so i am witing for the final bill from them.

 

I had taken out a claim in the small claims track against Restons / MBNA because they had not complied with my data access request and because they had given no proof of the money they claimed I owve them. They exchanged bundles with me. In their I found strange costings that appeared after the debt was sold to restons like £3800 for 'finance charge' no idea what that is about and 'foot charge'. I allso found that the last two payments I made to MBNA had been shown on the statement but not reflected in the total. They appeared to have been added to the account rather then removed from it.

 

Despite all this evidance the Judge took about 8 mins to make his decion. 7 Minutes were listining to Reston's. He chose to ignore any thing I had to say. He also implied that he would order costs against me for my claim in the small courts as he was residing on that case as well.

 

I tried to tell him that he could not issue a charge on an ammount that was not only in dispute but where a hearing of that case was scheduled to take place in March 2011.

 

I also found it strange that my application which was lodged in August with the small claims court could only be heard at the earlist in March 2011 whilst MBN made their application , recived an intrim and final charging order and a sale order all within 14 days in December 2010.

 

Thats my experiance any way.

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