Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • look up on land registry who owns the property then get in contact with your local environmental heath dept.   dx  
    • Hello all,   I have recently moved into a new property. The bedroom window is facing a bunch of commercial crates which have trash on top of them. The trash is maybe two metres away from the window, making it impossible for the window to be open (I am also afraid of rats being there).   The other windows of the property are facing a communal, enclosed area, which is making it difficult for the property to be properly ventilated. I have already raised this issue with my estate agency and they are trying do to something about it (to be honest, if I leave everything to them, this issue won't be solved until my tenancy is finished, and that is more than one year away).   I am asking for advice, or how could I approach this issue.   I have spoken to my council and, since they do not deal in private property, there is nothing they can do, at least this is what they have told me.   The property with the trash is not owned by my landlord. It is an open space, with big crates, closed off by a fence. If I could, I would climb those crates and remove the trash myself but I cannot. I also cannot climb out the window to reach the trash, as the window is too small.   At times, I see a car in that property but I have never seen the driver. I left a note in the car's window explaining the issue and giving my number. This was around a week ago and nobody came back to me.   
    • Hi   First off ALL Tenants need to re report all the different repairs again via their repairs procedure. Yes its good to get a list of all properties repairs with photo/video evidence signed by all property tenants but you all need to fight this individually as well as a group.   Next you all need to look up your rights on Repair i.e. The Right to Repair Scheme and also their Complaints Procedure.   http://www.legislation.gov.uk/uksi/1994/133/made   https://england.shelter.org.uk/housing_advice/repairs/right_to_repair_for_council_tenants   All Tenants need to take control back with these repair and ask in writing titling any letter 'FORMAL COMPLAINT' and stating the repair and why it hasn't been carried out to date and an exact date when it will be completed.   You also require clarification whether these Repairs come under the Right to Repair Scheme and if so why we were never informed of this. (delete or amend)   You also require copies of the following:   Right to Repair Scheme Policy (Not the Leaflet Repair and Maintenance Policy (Not the Leaflet) Solar Panel Policy (Not the Leaflet) Complaints Policy (Not the Leaflet) Equality & Diversity Policy (Not the Leaflet) When you get the above policies you need to take your time reading them and just think to yourself 'DID THEY DO THAT' in relation to your issue and if not mark it this way you build a list of what they haven't done/followed as per there own Policies and use it against them.   They will have time limits to complete repairs within for Emergency, Urgent, Routine repairs and if they exceed that time limit and need to extend it remember it is with you the tenants agreement not them telling you and tough you can wait.   (bear in mind any repairs during COVID-19 the time limits are now different and most routine repairs are stopped)  
    • I was on UC in late March, and recently received some quite non-committal message that the commitments would be returning, but no indication when.     If I remember correctly the expectation was that we could find at least one job per day to which to apply, or some such nonsense.   Given that the government can only guess how many workplaces will be safe :  1) to commute to/from at the time of job application; 2) to work in at the time of job application;    3) to commute to/from at the date of starting a job ; 4) to work in at the date of starting a job,  5) to commute to/from at the date permanent WFH is dropped; 6) to work in at the date permanent WFH is dropped,    and given that we have lost 20% of our economy, I fail to see how they can both reasonably and immediately mandate any minimum figure of jobs we must apply for whilst this virus just killed over 135 people in the UK (stats released today).  That is only down from 155 last week, and about 175 a fortnight back.   At this rate it will be another 7 weeks MINIMUM before the mortality rate is zero - if it ever reaches zero before the inevitable second wave.  
    • who has sent this 'letter of claim' come from and doe sit mention the pre action protocol and include a separate response pack? 
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 12 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
teaboy2

whats the difference between a defualt notice and a statutory notice claims to be both

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3891 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

hi all i recieved this default notice in the post this morning from MBNA. now it states its a default notice but then further in the letter is states its a statutory notice. whats the difference and is this notice enforceable or not?

 

I had been making monthly payments and admit to missing a lot lately due to finacial issues and loss of employment at the end of last year. So any advice would be great guys and girls

 

mbnadefualtnotice.th.jpgmbnadefualtnotice.jpg

 

SEE POST 20 fOR THE LATEST UPDATE ON THE SITUATION.

url%5D

Edited by teaboy2

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Share this post


Link to post
Share on other sites

Are you able to scan/photo it and post it up here (minus amounts, personal details, reference numbers) ?


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Share this post


Link to post
Share on other sites
Are you able to scan/photo it and post it up here (minus amounts, personal details, reference numbers) ?

 

Yeah trying to sort it so it will show bigger photo.


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Share this post


Link to post
Share on other sites

ok got the letter image size sorted now guys and girls


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Share this post


Link to post
Share on other sites

any help guys?


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Share this post


Link to post
Share on other sites

shall i just send them a request for CCA along with the £1 postal order and see if they comply?


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Share this post


Link to post
Share on other sites

Hi TB

 

First things first, is that your real name on the DN?

 

Second thing, dig the envelope the DN was delivered in out of the bin.

 

As it stands (timewise) the DN is valid if sent 1st class post and if it was posted on the date of the DN.

 

For what I'm getting at you may like to read this thread;

http://www.consumeractiongroup.co.uk/forum/legal-issues/214452-mbna-now-served-3rd.html

 

Cheers

Rob

Share this post


Link to post
Share on other sites
Hi TB

 

First things first, is that your real name on the DN?

 

Second thing, dig the envelope the DN was delivered in out of the bin.

 

As it stands (timewise) the DN is valid if sent 1st class post and if it was posted on the date of the DN.

 

For what I'm getting at you may like to read this thread;

http://www.consumeractiongroup.co.uk/forum/legal-issues/214452-mbna-now-served-3rd.html

 

Cheers

Rob

 

Hi Robcag

 

Yes it had my full name and address on it. Ive got the envelope but theres no postage date on it its one of those Prepaid UKMail express parcels and mail envelopes. but it took 2 days from the date of the letter for it to get to me.

 

Ive read the thread your referred me to. now am wondering weather they can actually damand payment in full when its clear in the letter that they have not termintated the agreement but intend to do so if i dont pay in full by the date given. can they actually demand i pay in full? becuase it sounds like they can only claim the arrears if the agreement hasnt yet been terminated.

 

By the way it was actually an ABBEY credit card not an MBNA one so i assume they either took it over or abbey is part of MBNA at the time of the agreement.

Edited by teaboy2

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Share this post


Link to post
Share on other sites

so what should i do guys and girls?


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Share this post


Link to post
Share on other sites

Hi TB

 

Hi Robcag

 

Yes it had my full name and address on it. What I was referring to is that you may have left your name on the uploaded image ... Dear Mr ..... Ive got the envelope but theres no postage date on it its one of those Prepaid UKMail express parcels and mail envelopes. AIUI, unless it's sent 1st class (Royal Mail?) it's deemed to have been sent 2nd class, thereby requiring 4 working days after the date of posting for service - therefore the DN would be invalid for the reason that you haven't been given the statutory 14 clear days to remedy but it took 2 days from the date of the letter for it to get to me. Probably irrelevant unless you actually admit/confirm that to the sender (MBNA) :)

 

Ive read the thread your referred me to. now am wondering weather they can actually damand payment in full when its clear in the letter that they have not termintated the agreement but intend to do so if i dont pay in full by the date given. can they actually demand i pay in full? becuase it sounds like they can only claim the arrears if the agreement hasnt yet been terminated. Sorry I'm not sure on that aspect as there may have been some contractual term to allow that. Of course that's if they can produce an agreement which states that! :rolleyes:

 

By the way it was actually an ABBEY credit card not an MBNA one so i assume they either took it over or abbey is part of MBNA at the time of the agreement. I had a couple of MBNA accounts (both now in the hands of Link DCA) which started life as something else. So far no agreements have been forthcoming for either, not even application forms :rolleyes::)

 

Cheers

Rob

Share this post


Link to post
Share on other sites

Ihnore the b****x about stat noticies; they're just trying to scare you. It's only they're own 'notice' and is in no way linked to govt stat notices.

Edited by FlyboyAgain
spelling

Share this post


Link to post
Share on other sites
Ihnore the b****x about stat noticies; they're just trying to scare you. It's only they're own 'notice' and is in no way linked to govt stat notices.

 

Just my opinion, but a DN is a statutory notice, as it is required by Statute to be served, i.e CCA1974 ss 87-88

 

Cheers

Rob

Share this post


Link to post
Share on other sites
Just my opinion, but a DN is a statutory notice, as it is required by Statute to be served, i.e CCA1974 ss 87-88

 

Cheers

Rob

 

It may well be, but they should be referring to it as a DN, as per the Act:-

 

Consumer Credit Act 1974 (c. 39) - Statute Law Database

 

I wasn't being picky, but, y'know' it's MBNA and they like to come across all officious and threatening.

Edited by FlyboyAgain
additions

Share this post


Link to post
Share on other sites
Hi TB

 

Originally Posted by teaboy2 viewpost.gif

Hi Robcag

 

Yes it had my full name and address on it. What I was referring to is that you may have left your name on the uploaded image ... Dear Mr ..... Ive got the envelope but theres no postage date on it its one of those Prepaid UKMail express parcels and mail envelopes. AIUI, unless it's sent 1st class (Royal Mail?) it's deemed to have been sent 2nd class, thereby requiring 4 working days after the date of posting for service - therefore the DN would be invalid for the reason that you haven't been given the statutory 14 clear days to remedy but it took 2 days from the date of the letter for it to get to me. Probably irrelevant unless you actually admit/confirm that to the sender (MBNA) :-)

 

Ive read the thread your referred me to. now am wondering weather they can actually damand payment in full when its clear in the letter that they have not termintated the agreement but intend to do so if i dont pay in full by the date given. can they actually demand i pay in full? becuase it sounds like they can only claim the arrears if the agreement hasnt yet been terminated. Sorry I'm not sure on that aspect as there may have been some contractual term to allow that. Of course that's if they can produce an agreement which states that! :rolleyes:

 

By the way it was actually an ABBEY credit card not an MBNA one so i assume they either took it over or abbey is part of MBNA at the time of the agreement. I had a couple of MBNA accounts (both now in the hands of Link DCA) which started life as something else. So far no agreements have been forthcoming for either, not even application forms :rolleyes::-)

 

 

Cheers

Rob

 

Hi Robcag

 

So best thing for me to do then will be to write them a letter informing then that their defualt notice is invalid, as since they posted it by UKmail Express parcels and mail, and not by royal mail. then it is deemed to have been sent by 2nd class and therefore requiring 4 working days after the date of posting (which would be the 13th august) til service - therefore the DN would be invalid for the reason that i haven't been given the statutory 14 clear days to remedy. your letter was recieved on the 18th august 2009. Note that the 16th and 17th are not classed as working days. as a result from the date the default notice was recieved and the fact you clearly stated that payment must be made before the date of 29th august 2009, meaning that payment must be made on the 28th at the latest. left me with just 10 days in which to act instead of the statutory 14 days am entitled to.

 

And along with that include a request for the CCA

 

what you think?


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Share this post


Link to post
Share on other sites
It may well be, but they should be referring to it as a DN, as per the Act:-

 

Consumer Credit Act 1974 (c. 39) - Statute Law Database

 

I wasn't being picky, but, y'know' it's MBNA and they like to come across all officious and threatening.

 

so its also invalid due to them referring to it as a statory notice aswell as default notice along with the postage and 14day thing?


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Share this post


Link to post
Share on other sites

Hi TB

 

Hi Robcag

 

So best thing for me to do then will be to write them a letter informing then that their defualt notice is invalid, NO, DEFINITELY NOT :eek: - the last thing you want to do is alert them to that fact. You will be able to use the invalid DN as a defence should they issue a court claim against you. as since they posted it by UKmail Express parcels and mail, and not by royal mail. then it is deemed to have been sent by 2nd class and therefore requiring 4 working days after the date of posting (which would be the 13th august) til service - therefore the DN would be invalid for the reason that i haven't been given the statutory 14 clear days to remedy. your letter was recieved on the 18th august 2009. Note that the 16th and 17th are not classed as working days. as a result from the date the default notice was recieved and the fact you clearly stated that payment must be made before the date of 29th august 2009, meaning that payment must be made on the 28th at the latest. left me with just 10 days in which to act instead of the statutory 14 days am entitled to.

 

And along with that include a request for the CCA

 

what you think?

 

Cheers

Rob

Share this post


Link to post
Share on other sites

ok so i should just hold on to the fact that the default is invalid. and instead just request a cca from them?


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Share this post


Link to post
Share on other sites

Hi TB

 

ok so i should just hold on to the fact that the default is invalid. yes, if you later want to be able to use it to your advantage. Make sure you keep the envelope safe, although you could always later put MBNA to strict proof that 1st class post was used (which they will obviously be unable to do) and instead just request a cca from them? That would be OK, although I'm not sure about the timing. Probably irrelevant, but others may see an advantage in when this is actually done.

 

Don't forget to use a postal order for the £1 fee and don't sign the letter, maybe use a 'script' font for your signature to make it less likely they will start asking for signatures. Use at least recorded delivery, special if you can afford £4.90

 

Cheers

Rob

Share this post


Link to post
Share on other sites

Cheers Rob

 

will do that. will send the request for cca and the postal order middle of next week. so it looks like it just in response to there DN being recieved around the time i send the cca request. will have to get mbna to prove they sent 1st class if it goes to court because the envelope doesnt have their logo on it just ukmails logo.


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Share this post


Link to post
Share on other sites

Ok Guys and Girls, heres an update on the situation for you.

 

Firstly though, let me pint out that i decided not to write to them untill i had recieved a letter informing me they had terminated the agreement. Now i never recieved anything from them since the default notice in the OP, so no letetr of termination was recieved.

 

Now yeasterday i had a phone call from a debt collector, who was believe it or not quite friendly and understanding. who infomed me that the debt had been sold to their client in JULY. now if that was the case then MBNA must have terminated the agreement in JULY and therefore have no legal grounds in which to issue the default notice dated the 12th AUGUST in the first place.

 

SO i rang MBNA today and was passed onto their customer assistance department where the kind lady told me it was sold on the 23rd JULY, which confirmed what the debt collector told me yesterday. BUt she said she would need to pass me onto someone else to deal with the issue i had.

 

So next i spoke to some bloke who i assume was from the same department. and he said the debt was sold on the 17th AUGUST now my deadline on the default was the 29th AUGUST. i told him i had been told by both his college and the debt collector who is acting on behalf of the company they sold it too, that it was purchased from you on the 23rd JULY. i then went on to explain that either way the defualt notice is unlawful as you can not issue a default notice if the debt has been sold, as the agrement would have been terminate by MBNA on the date it was sold. And a defualt notice will become unlawful or invalid if the the debt is sold prior to the satutory 14 days in which i am allowed to remedy the situation.

 

SO guys and girls please can you give me your thoughts on this and what advice and suggestions you have as to what i should do next.

 

P.S also no notice of assignment informing me the debt had been sold or purchased has been recieved either.

Edited by teaboy2

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Share this post


Link to post
Share on other sites

You could possibly write to the original creditor/and possibly CC the DCA stating what you have above....and asking them how they intend to address their unlawful recission of contract, and until they address this issue in writing, you consider the account to be in dispute and in line with CPUTR2008 and the OFT's guidelines they should not contact you unless it is in writing....


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Share this post


Link to post
Share on other sites
You could possibly write to the original creditor/and possibly CC the DCA stating what you have above....and asking them how they intend to address their unlawful recission of contract, and until they address this issue in writing, you consider the account to be in dispute and in line with CPUTR2008 and the OFT's guidelines they should not contact you unless it is in writing....

 

 

Thanks 42MAN

 

Will do that and will update the thread when and if i get a response. but please guys and girls keep the advice and suggestions coming.


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Share this post


Link to post
Share on other sites

well i wrote to MBNA on the 11th september giving them 14 days in which to write back to me informing me on how they intend to address their unlawful recission of contract. So far ive had no response from them. i will give them till the friday 25th to allow for the time it takes for postage. but if i not recieved a response from them what do you guys think should be my next step?


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Share this post


Link to post
Share on other sites

If you are 100% sure that they have sold the debt, then CCA the DCA that now owns it. You seem to have lost a month or so on this.

 

Keep your powder dry and don't think that you have to respond to the unlawful rescission at this point.

 

If they do not have an agreement, then they will not be able to go to court.

Share this post


Link to post
Share on other sites
If you are 100% sure that they have sold the debt, then CCA the DCA that now owns it. You seem to have lost a month or so on this.

 

Keep your powder dry and don't think that you have to respond to the unlawful rescission at this point.

 

If they do not have an agreement, then they will not be able to go to court.

 

 

I dont actually have an address for the DCA (i do have a telephone number for them though and a contact name so will use that to get address for any legal action that may follow) as i only spoke with them on the phone which is when they told me the debt was bought by their client in july, which was later confirmed by one of the MBNA staff as being the 23rd of july. So basically MBNA have until end of this week to respond to the letter i sent them as this week is the deadline i gave them to respond runs out.

 

So basically i waiting to see what their response is and how the intend to address the issue, but i did inform them that i they can not reinstate the contract/agreement with out my consent and that i have no intention of giving such consent. that way they can not reinsate the contract in order to issue me a valid default notice which would be the ideal solution for them.

 

i dont believe the DCA will pursue me for the debt given what it old them with regards to the invalid default, so unless they do pursue me then i see no point sending them a CCA request at this time. And am sure the DCA clients wont be happy now that they know the account MBNA sold to them was sold to them unlawfully, meaning they have no legal power to pursue the debt anyway.

 

Will let you all know what their response is and how they intend to resolve this but they dont have much in the way of options to be honest.

Edited by teaboy2

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...