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    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
    • Hi,   I am not sure if I posted this already here but I don't think I did. I attach a judgement that raises very interesting points IMO. Essentially EVRi did their usual non attendance that we normally see, however the judge (for the first time I've seen in these threads) dismissed the notice and awarded me judgement by default because their notice misses the "confirmation of compliance" paragraph. in and out in 3 minutes (aside from the chat at the end with the judge about his problems with evri) Redacted - evri CPR loss.pdf
    • Just to update this. I did apply to strikeout and they did not attend the hearing. I won by defualt and the hearing lasted 5 minutes (court only allocated 15). The judge simply explained that the only matter he was really considering is if the Defendant could have any oral evidence to defend the claim. However he said he had decided that based on their defence, and their misunderstanding of law, and their non attendence he did not think they had any reasonsable chance so he awarded me SJ + Costs on the claim form + the strikeout fee. Luckily when I sent the defendant the order I woke up the next day to a wire trasnfer for the full sum of the judgement
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MBNA Loan - The battle begins


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Thanks for spotting another error, albeit minor! Dotty50 has spotted that the 'Total Amount Payable' is slightly different, i.e. 13p, to the monthly payment figure times the term, in MBNA's favour of course!

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Sorry Dotty50, no facility to add a document to PM's in the same way as you can here! The transfer fee of £50 is included in the 'Total Amount Payable' and the first months instalment. It has not been added to the 'Total Credit Charge for Your Loan'. Appears no interest has been calculated on the transfer charge. Hope that helps

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I have just PM'd you again Dotty50. Thanks for looking into this. I don't mind you posting your findings but I feel I need further confirmation. I'm wondering if 4 months and not 3 makes all the fifference for the defrred period. 8.02% compared to 7.9% is too close to what I believe is a margin for error allowed of 0.1%. Any views on this from anyone else welcome.

 

As for Mandy Reeks, they do seem to have some odd surnames up in Chester!

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Bugger, just found the answer in that a tolerance of -0.1% is allowed and +1.0%! So even though I have been quoted 7.9% MBNA or any lender could put 7.8% or 8.9% and still be OK. Not impressed by the wide upward margin for error. Hohum!

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Any opinions on the enforceability of this agreement? I suspect it is OK but would like to hear from anyone who has looked into an MBNA loan agreement before and especially where it is one that has been topped up more than once.

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[ATTACH]12889[/ATTACH]

 

Here is the Loan agreement. If the sums are OK the it is probably enforceable. Problem is none of the figures seem to be correct so far!

 

I'll try adding the agreement this way then!

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Been digging on this site and seems the term 'Cash advance' should be 'Amount of credit'. Trying to get some answers before the next payment is due in just over a week, which I will struggle to pay. Just look at the exchange rate sterling to euro and you will perhaps understand why, as I am in euroland but paid in sterling. Seemed like a good idea at the time:(.

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This website is brilliant. I feel relatively confident that all my debts that I have questioned so far are potentially unenforceable and that it is well worth fighting. I would not have survived financially until now without the help and knowledge of the people on here and look forward to the day when I am in a position to donate something to help keep this site alive. Just felt like posting this at this stage!

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Crucial part as I see it for lots of us is that it says they couldn't produce the original agreement. If this means they were relying on a copy then MBNA are going to struggle to enforce agreements.

Anyone know how to find out if a journalist has got this right for a change? Sorry, but journalists have a habit of getting things wrong.

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