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    • Right,  so the court hasn't send out the Directions Questionnaires/N180s yet. PE's one is a false one, meant to intimidate you into thinking your defence was rubbish and they are confident with their claim. This is par for the course.  The PPCs do this regularly. However, PE have gone further and written that "a copy has also been filed with the court" which is a lie as the court haven't even sent out the papers yet. Keep a screenshot of MCOL, later on in your WS you can draw attention to their lying and abuse of court procedure. If you've got time on your hands, then complain to the BPA about one of their members lying.    
    • We need documents to be uploaded in PDF format. Uploading in Microsoft Word format discloses personal details relating to you which you should not be sharing. Click upload – to understand what to do. How did you pay for the vehicle? You start by saying that you should have walked away – yes you should. Not only because of the reputation of this company but also if the transaction isn't perfect you shouldn't get involved and you certainly shouldn't be taking the word of some used car dealer. Big fail! Why are some of your letter in black and some the in red? When you get some of the ideas in there – have you use a template from somewhere else? They aren't interested in a delay caused by some fire alarm or something. They certainly aren't interested either by the distress you are suffering. They have hundreds of customers who become victims of this kind of thing. All of those customers suffer distress. Big Motoring World don't seem to be very bothered. What are the faults which exist with the vehicle now? Is it just the splashing? Where is the splashing? What is it that is splashing?   Do I also understand that you purchased the vehicle without trying it at all and the first time you were in it and had splashing was after you had made the contract?
    • A claim was issued against you on 22/04/2024 Your acknowledgment of service was submitted on 06/05/2024 at 13:28:08 Your acknowledgment of service was received on 07/05/2024 at 01:05:18 Your defence was submitted on 23/05/2024 at 21:20:03 Your defence was received on 24/05/2024 at 08:05:43
    • I drove a friends a car for a few days and I used cuvva car insurance to insure myself for the time period. Here's the problem: I made a mistake with the dates on the insurance, I ended up driving uninsured for one day and I got a speeding ticket. My friend named me as the driver on the Notice of Intended Prosecution as she should and I will take the blame of course. Will met police ask for proof that I was in fact driving? I mean, any more other than me replying to the NIP that I will soon receive from them? Cause I assume that my insurance for the day will be the proof that they need... Secondly,  if caught driving uninsured, what will happen please? I read it's £300 and 6 points. Is that all or is it worse? I'm only asking for information from knowledgable people. If you intent to just mock, you're certainly not helping. Thanks
    • Hi, Please find letter sent to BMW with all evidence off issues which is a link from Audi. Unable to share the footage on this forum as I am not the best with tech  
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    • If you are buying a used car – you need to read this survival guide.
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    • 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
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      • 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
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AK Claimform - MBNA card 'debt'


MeeBroke
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I sent my SAR off to MBNA yesterday. They now have 40 days to comply-which will take me almost exactly up to a year since I made my intial request to see my CCA.

 

A year of stress and a ruined credit score-all because they couldn't explain why they ramped up the interest rate on my account even though I have never missed (or been late on) a payment. They couldn't explain and wouldn't budge on reducing it, so I CCA'd. A year on and here I am.

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  • 2 weeks later...

Update. I've SAR'd MBNA mainly to verify default dates. No word from them. Exp Cred have upped their game slightly and have forwarded a grainy photocopy of what looks like the tear off portion of an application- yes it looks like the very same unenforcable document that MBNA produced after 8

months of searching.

 

Anyway, I'm doubtful that Mbna will cough up the SAR anytime soon, so I'm tempted to send unlawful recission notice. I assume this goes toMbna but what, if anything, should I write to Exp Cred? What should I expect to happen after sending recission letter?

 

Advice appreciated

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Hi Meebroke,

 

I sent UR letter to MBNA and advised DLC of UR I also sent SAR on 2nd Feb.

 

DLC acknowledged receipt and advised that my letter had been passed to their compliance dept and a full response would be sent in due course........ nothing from them yet!

 

MBNA just sent one of their standard templates to advise that they would investigate my complaint and reply within 28 days and another apologising for delay and would respond by 2nd April!

 

SAR was signed for on 4th Feb so guess their time is nearly up.

 

Experto Credite have just been assigned to my other MBNA account with Virgin but I have yet to respond.

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Thanks Dotty

 

sounds like I better send the UR now then. Is there any consequence to them not fullfilling an SAR within 40 days?

 

Mine to LTSB wasnt fulfiled. Still hasnt been. I complianed to the IC and it is now subject to a further investigation. Firstly they came back and told me LTSB have no record of receiving the SAR. I wrote back in a sarcastic manner pointing out that I sent the SAR recorded mail and sent them a copy of the Proof of receipt, I also sent the copies of two letters referring to my 'complaing' after they received it. The second letter said it was being sent to another team at another office. Still waiting for the outcome of their investigation. Currently LTSB and MBNA are very quiet. Waiting for the storm to brew.

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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Hi Guys,

 

I am new to this site, but must say it is excellent. I have been having issues with MBNA since last august. I naively phoned them to say i was having issues with managing payments since becoming ill and unemployed. they were helpful on the first call, but then you would have thought the gates of hell had opened. constant very abusive threatening calls, postcards, letters from their various bloodsuckers. I stopped answering them, followed the national debtline advice and sent standard letters, with a budget sheet offering a token payment (which the halifax accepted). They have never answered a single letter directly, always sent a standard you must call us to resolve. I have sent the stop calling me or I will report you etc letter, and still they send the you must call us letter. I also get the texts. I have cancelled every phone number they have on record. The other day I got a letter from them saying they have been trying to help me for the last six months!!! I requested a SAR which is due by the 23rd of march, but I am not hopeful of getting it back. I have sent them copies of all my letters today asking them to actually reply... we shall see.. I also got the charging order letter again today.. that seems to be a monthly occurence. In my case this will have to go as far as they take it because I literally no longer have a penny to my name...

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  • 2 weeks later...

I've just noticed on other threads that MBNA have cobbled together a templated response to UR claims.

 

Those letters came from Gail Powell. Do they really have the Vice Prsident of MBNA writing directly to people on all these issues?

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Just a quick update..

 

I have received my final letter(s)... there seem to be so many final ones!.. so I thought I would phone them as they have never answered a single letter of mine. I got through to Miriam after a particularly hostile telephone op answered first and I asked why mbna never answer letters.. apparently they are a telephone bank and therefore do not do adult grown up writing. So I asked about my SAR from the 12th Feb and she said 'we never received that...' a quick mention of the proof of delivery I have sitting in front of me and she decided it wasn't worth persuing the conversation and put the phone down!!!!... so I am being sold on, on the 31st march, assuming they can find someone who wants to buy a toxic debt!!!

 

 

Simon

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Actually I think it is about time MBNA were reminded that they are not above the law and that Chester TS should get its act together and act in the best interests of the consumer. I am gonna start a mass torte against these people if I can raise enough interest. Contact me if you are.

 

Simon

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Actually I think it is about time MBNA were reminded that they are not above the law and that Chester TS should get its act together and act in the best interests of the consumer. I am gonna start a mass torte against these people if I can raise enough interest. Contact me if you are.

 

Simon

 

Exp Cred bought my toxic debt- even though these is no agreement and a faulty DN. Chester TS met with MBNA on my behalf and asked for my CA. MBNA lied and said they already gave it to me. Chester TS took them at their word- and dropped it.

 

I'm 100% in on any action. I'm the kind of person that will commit to taking things as far as we need to.

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  • 2 weeks later...

Well, today is day 40 from my SAR. No response whatsoever from MBNA. They have not banked my cheque. I have electronic proof of delivery of course-and for once someone signed for it with an actual legible signature.

 

What should I do now?

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Sorry to be thick but, I've had a look at the various libraries and I'm not sure which one you meant Vint.

 

I dont think there is a chaser letter if a Bank/Creditor fails to supply the data within the requested timescale, but it is fairly simple to draft one up for yourself.

 

First of all, make sure you have a copy of the RM signed/delivered receipt from their website and attach it to your copy of the original SAR.

 

Then check with the Post office (if you sent £10.00 by postal order) to see if your PO has been cashed. The direct line for this is

 

01246 542091 They may even write to you confirming this if you want them to.

 

Your letter should go along the following lines. Also enclose a copy of your original SAR letter.

 

 

 

Attention : Data Controller

 

LETTER BEFORE ACTION

SECTION 7 - DATA PROTECTION ACT 1998

 

Dear Sir/Madam

 

Account Ref:

 

You have failed to comply with my Data Protection Act Subject Access Request dated XXXXXXXXX .

 

 

This was received and signed for by BANK NAME on DATE OF RECEIPT. The postal order in the sum of £10.00, was cashed on DATE OF ENCASHMENT.

 

If you do not comply within the next 7 / 14 days, I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

Yours faithfully

 

You can a) either take them to court or b) advise you will be making a complaint to the Information Commissioner.

 

The following user took LTSB to court and won for non compliance of SAR...

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/208966-me-them-sar-non.html

 

Complaining to Chester TS is pretty much a waste of time in respect of MBNA.

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