Jump to content


  • Tweets

  • Posts

    • Hello, I'm wondering if someone can advise me on something. I'm appealing an order and have been asked to submit an appeal bundle and the below points are required to be included: 1) transcript of the judgment of the lower court on other record of reasons.  2) Statement of case. I'm wondering if anyone knows that "on other record of reasons" means. Also for statement of case would it just be a long document covering the reason for the claim, the findings of the lower court, why it was wrong and what I seek instead?   Thanks,
    • Hello, Thanks for the advice. I asserted my rights to reject and they accepted it and said they will refund me the full amount.  My question now is how long do they usually take to collect the vehicle? I've made it clear that I'm available for them to collect it whenever and I've been told its been passed on to the collections team. I chased it up today as its also raining heavily at the moment.  I just wondered if anyone had any experience on how long they usually take to collect? I'd obviously like it collected as soon as possible as I need to purchase another car.  Is it likely they will drag on the process of collection and what can I do if they do?  Thanks!
    • Why are FCA’s “name and shame” proposals causing a stir?View the full article
    • I am coming back to this thread after receiving a Single envelope containing 2 letters: 1 from Max Recovery telling me that my account was transferred to Drydens Fairfax in 2007 1 from Drydens Fairfax telling me that they are under instruction from their client to seek repayment.   These relate to a Barclays Overdraft from the early 00s, last payment through PayPlan was 04 June 2019, but neither of the letters are from Barclays themselves.   I have informed Drydens in both May 2019 and June 2023 of changes of address. No letters beyond a confirmation of the change and a request for finanical details have been received, which ive ignored.   What i was wanting to know is do i just ignore these as per previous advice? I know that i cant CCA an overdraft debt but what is the usual "plan" for dealing with old overdraft debts? Am i trying to run the clock down until June 2025 when it becomes statue barred?
  • 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

Band together against them


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

Thread Locked

because no one has posted on it for the last 5040 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

For similar reasons only necessary information has been supplied.

However, anyone that actually completed the witness statement had real name and case number as well as the court.

 

But someone has been telling porkies here:

 

"We note that you have been approaching members and asking them to forward details of their claim, and contact details. This is a breach of site rules, and we have therefore temporarily removed your PM facility."

 

Lets be clear, I responded to those that said they wanted to be included.

i was very clear about what would be asked for if you wanted to be included.

 

Each and every person was sent the same template and request.

 

I will be meeting one of your members face to face, as I would meet any of you that asked. But the attitude of distrust - and the suggestion that I asked for details of members claims is totally false.

 

You write a witness statement, that is recounting events which is different to a claim.

 

I guess MBNA is laughing, but its not because of anything I have done.

 

 

 

 

 

Personally speaking and if I were mauricetura, then I would be totally open and upfront with members.

 

I would have provided actual contact details and not a google email address.

Together, with the contact details of my solicitor and any other details necessary to prove that all is above board.

 

Go and ask any solicitor and/or para legal;

would it be safe to send a 'Witness Statement' by email, to a stranger?

 

Obviously, the answer would be, NO.

 

AC

Link to post
Share on other sites

  • Replies 237
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

As far as I can see MBNA does not follow a valid complaints handling process. I suggest each member follow pre-action guidance fully but with a modification.

 

Do record all calls you make, ask about the complaints handling process.

 

The news is, it will be taken out of the hands of the 'legal admin' - Sarah Edwards etc

 

 

Hi mauricetura

 

But did you pass the test questions?

 

What is Martin Supples inside leg measurement?

 

Does Gail Powell prefer tea or coffee in a morning?

 

and most importantly does C White from RMA actually exist?

 

Joking aside, I can understand peoples reservations, you could be anyone and secretly work from MBNA.

Link to post
Share on other sites

Dont mean to hijack this thread but I am having a similar issue with MBNA-too longwinded to go into here,but the same as everybody else-refusing to respond to SAR's issuing court proceedings etc.

They are a member of the FLA who have an online complaints form-I would highly recommend that everyone who has a problem with them fills it in as I have got nowhere with the OFT or FSA- and this seems to be the first step before a complaint can to the Ombudsman-the more complaints they get, the more it will strenghten all of our cases

Hopefully if they get enough complaints then they will take some action!!

 

the web address is

 

FLA :: Complaints :: Complaints

 

DJX

Link to post
Share on other sites

I disagree - I have no faith the industry will police itself.

The FSA / OFT route is best. True they will not act until there is a critical mass.

But once there is a critical mass we can make a request to see this data under freedom of information act.

And that information can be sent to a receptive politician who can ask the treasury select committee to ask the FSA the pertinent question as to why no enforcement. The FSA is the overarching body for ensuring the MIFID and treating customers fairly obligations.

 

The much greater powers announced for enforcement this week makes the only body with teeth the FSA.

 

The key is to get them to act.

Link to post
Share on other sites

Today I received a mailshot from MBNA and Age Partnership. It would seem our chums have decided to enter the equity release market. I have no idea why they sent it to me (despite being over 50). However our falling out was so bitter I would have thought I was on their black list - they are certainly on mine.

God help people if MBNA get a share of their homes in this way.

I agree Mauricetura we need to keep complaining to the FSA/OFt and I will be penning my objections to our American mates from gaining a foothold in the lucrative grey market.

Link to post
Share on other sites

in reply to how it's all going:

The response I had was so weak that the city law firm I approached will not take it on. Not surprising since I have only 4 witness statements.

In the meantime it is being case managed as a litigant in person with an independent lawyer - and probably some ATE front money.

 

I am going to meet with one of your members tomorrow.

Ultimately how much money I pump into this crusade will depend upon the support I get from CAG.

 

So we shall see just how much members want to organise against MBNA over the next week.

 

For information, BankFodder has still received no contact, so I would urge people to take the usual care when giving out personal information to people they don't know.

 

Please don't take this personally Mauricetura, as I'm sure you can understand that people who post on CAG do not always have our users best interests at heart so always better to be safe than sorry.:)

Link to post
Share on other sites

in reply to how it's all going:

The response I had was so weak that the city law firm I approached will not take it on. Not surprising since I have only 4 witness statements.

In the meantime it is being case managed as a litigant in person with an independent lawyer - and probably some ATE front money.

 

I am going to meet with one of your members tomorrow.

Ultimately how much money I pump into this crusade will depend upon the support I get from CAG.

 

So we shall see just how much members want to organise against MBNA over the next week.

 

 

Hi Mauricetura

 

I did PM you and also send an email but didnt receive a response, I notice that you were over quota for pm's though.

 

B

__________________________________________

I came into this world with nothing and I still have most of it left.

__________________________________________

Link to post
Share on other sites

should work fine. PM may well have been suspended due to allegations that I was asking for personal information.

 

A witness statement does require you to state name and address.

 

Everyone gets the same template - I have sent approx 40 and got 4 back.

Edited by jonni2bad
Please do not post email addresses
Link to post
Share on other sites

I would also appreciate details on any decided cases against MBNA - I want this missile to be laser targeted at their practise to default while under dispute and to behave as a vexatious defendant. So for example pressuring to change your claim through threat of cost consequences etc.

Failure to provide necessary information until after the allocation questionnaire has been filed etc.

Claims that they do not receive letters etc.

Not turning up to court etc

EDIT

 

Today I received a mailshot from MBNA and Age Partnership. It would seem our chums have decided to enter the equity release market. I have no idea why they sent it to me (despite being over 50). However our falling out was so bitter I would have thought I was on their black list - they are certainly on mine.

God help people if MBNA get a share of their homes in this way.

I agree Mauricetura we need to keep complaining to the FSA/OFt and I will be penning my objections to our American mates from gaining a foothold in the lucrative grey market.

Edited by caro
email address removed
Link to post
Share on other sites

I met with mauricetura today and have emailed caro with my thoughts. I have no doubt that mauricetura has the interests of us all at heart and wants to change things on a scale which affects MBNA's ability to continue to operate in the way they do, i.e. ignoring the legal processes of the UK and harrassing people to a worrying extent. I suggest you support him but of course you need to make your own decision.

Link to post
Share on other sites

Bumping this I have emailed caro after my meeting with mauricetura but have had no reply!

I know that mauricetura needs responses quickly or will have no choice but to go it alone.

It's unfortunate after the initial enthusiasm from caggers that this has not progressed as it may help us all.

Link to post
Share on other sites

I was one of the enthusiastic caggers who forwarded details to mauricetura but then following this thread began to have serious reservations. I'm pleased to note that exchange has tried to alleviate those reservations and hopefully something will soon be added to this thread to ensure we all feel confident supplying mauricetura our details to aid that case.

Link to post
Share on other sites

Hope your fight wins guys...

 

When on holiday last year to visit relatives abroad, I had to phone mbna re mailshots they kept sending my Grandmother.

 

I asked how they got her address, they said it was from a loan application she had previously made. When I pointed out that he was lying, he went into one. When he asked how I could prove he was lying, I told him my Grandmother is 99 years old, has NEVER had any credit in her life, is loaded, and hates credit with a passion, and that she has never even had a bank card of any description. She is old school, obviously, and believes if she can't pay cash for it then she can't have it :)

 

Drone was then told to remove her details from the files, at first he refused because I obviously wasn't my Grandmother, then when I told him I was in my Grandmothers solicitors office (I wasn't) and would he like to speak to Granny Archway's solicitor, it was amazing the turnaround in his attitude.

 

For some reason, Granny Archway no longer gets drivel from this lot now.

 

:)

Edited by Archway
  • Haha 1

Archway

Link to post
Share on other sites

Thanks for the support Archway, just shows that MBNA have no ethics, but we all knew that by now!

Nothing fron caro or the site team on this so I don't know what's happening but still want to push this up the boards while there's still time.

Link to post
Share on other sites

Bumping this I have emailed caro after my meeting with mauricetura but have had no reply!

I know that mauricetura needs responses quickly or will have no choice but to go it alone.

It's unfortunate after the initial enthusiasm from caggers that this has not progressed as it may help us all.

 

Exchange I emailed you on 9th July at 12.25 am, and copied Mauricetura and admin in on the reply. I have just logged back on for the first time since then as I've had matters of my own to deal with. Maurice certainly got his copy as he has since responded to me, with a copy to admin. That's all I know at the moment.

 

I have no idea if there have been any further developments since, but will try to find out.

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.

Link to post
Share on other sites

I'll resend it. I copied in Mauricetura and had a response from him, which he also sent to you by the looks of it, so you should see my response on that.

Edited by caro
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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...