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    • Hi everyone, Apologies for bringing up the same topic regarding these individuals. I wish I had found this forum earlier, as I've seen very similar cases. However, I need your help in figuring out what to do next because we've involved our partners/resellers. I work as an IT Manager in a company outside of the UK. We acquired a license from a certified reseller (along with a support agreement) and also obtained training sessions from them. The issue arose when we needed to register two people for the training sessions, so we used an external laptop for the second user to keep up with the sessions for only a month. During this period, the laptop was solely used for the training sessions. After two weeks, my boss forwarded an email to me from Ms Vinces, stating that we are using illicit software from SolidWorks. Since this has never happened to me or anyone we know, I went into panic mode and had a meeting with her. During the meeting, we explained that we were using an external laptop solely for the training sessions and that the laptop had not been used within the company since her email. She informed us that for such cases, there are demos and special licenses (though our reseller did not mention these types of licenses when we made our initial purchase). She then mentioned that we had utilized products worth approximately €25k and presented us with two options: either pay the agreed value or acquire SolidWorks products. We expressed that the cost was too high, and our business couldn't support such expenses. I assured her that we would discuss the matter with the company board and get back to her. After the meeting, we contacted the company reseller from whom we purchased the license, explained the situation, and mentioned the use of an external laptop. They said they would speak to Maria and help mediate the situation. We hoped to significantly reduce the cost, perhaps to that of a 1-year professional license. Unfortunately, we were mistaken. The reseller mediated a value €2k less than what Maria had suggested (essentially, we would need to acquire two professional lifetime licenses and two years of support for a total of €23k). This amount is still beyond our means, but they insisted that the price was non-negotiable and wouldn't be reduced any further. The entire situation feels odd because she never provided us with addresses or other evidence (which I should have requested), and she's pressuring us to resolve the matter by the end of the month, with payment to be made through the reseller. This makes me feel as though the reseller is taking advantage of the situation to profit from it. Currently, we're trying to buy some time. We plan to meet with the reseller next week but are uncertain about how to proceed with them or whether we should respond to the mediator.
    • Thanks London  if I’ve read correctly the questionaire wants me to post his actual name on a public forum… is that correct.  I’ve only had a quick read so far
    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
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MBNA Loan - The battle begins


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Written to MBNA to point out agreement unenforceable due to incorrect prescribed term, but decided to let them work out where there error is rather than pointing it out. Why should I help them?!

 

I have also demanded a refund of interest for the last year as they have failed to send me an annual statement which became law on the 1 October 2008. The legal requirement is, for existing agreements at 1 October 2008, a statement must be sent by 1 October 2009 and then each year. How many people have not had one from MBNA I wonder? According to what I have read, interest can be reclaimed:D.

 

I don't expect them to cough up but I like to cause them more work as they continue to harrass me with unidentified calls and messages despite me telling them to only communicate in writing.

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Letter from Global Vantedge (correct spelling-clever name eh!) today. Stopped paying loan as have written to put account in dispute.

The main issue is the passing of information to a company in India where data control is not a strong point. I know they do it all the time, had Aegis onto me re credit cards in the past, but this is flouting rules as usual, surely.

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I have also demanded a refund of interest for the last year as they have failed to send me an annual statement which became law on the 1 October 2008. The legal requirement is, for existing agreements at 1 October 2008, a statement must be sent by 1 October 2009 and then each year. How many people have not had one from MBNA I wonder? According to what I have read, interest can be reclaimed:D.

 

Hi Exhange

 

Can you point me in the direction of the above please as I might try this as well as everything else I am doing.

 

Thanks

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http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=13473&d=1256049145

 

Here it is rondodiver.

 

This should be used by everyone who hasn't had a statement which I'm betting is a huge number.

 

Hope it works for you.

 

Exchange

OFT Loans.pdf

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I have posted the same info in a thread on the General Knowledge forum regarding loan agreement annual statements. It does say that the creditor cannot enforce the agreement if an annual statement is not supplied which makes it very powerful.

I have also alerted the site team as I have seen no other info about this on here.

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Annoyed that Global Vantedge are now calling my mobile 3 times a day and I believe attempted to call my home number as well.

As Global Vantedge are in India, can I not report MBNA for passing my info outside the UK and EU breaching the Data Protection Act?

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Received today a Personal Loan Statement from MBNA. Only 27 days late and it is deliberately undated by MBNA.

On the second page it says 'My Transactions' and talks about a table of payments made, interest charged, etc. Problem is it is blank! The table is not there. So the statement is incomplete.

MBNA's incompetence is truly stunning!

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As this agreement is online and from May 2007 (unfortunately for me!), does this make it more difficult to argue about presribed terms being incorrect?

 

Exchange - I think you should investigate this properly. My understanding is that, because your agreement is dated May 2007, even if your prescribed terms are incorrect this doesn't render the agreement irredeemably unenforceable any more.

 

In the earlier CCA legislation if the prescribed terms were missing or mis-stated then even a court could not enforce the agreement.

 

But with the amended CCA that provision was eliminated for all future dated agreements. This means the court CAN order an agreement to be enforced even if prescribed terms are missing or mis-stated.

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Thanks Redfish, I realise that, but they would still have to go to court to enforce it. My understanding is that it doesn't take away the fact that prescribed terms should be correct.

It's complicated for them (even more so because MBNA don't seem to have too many braincells between them) as I am not in the UK. Did you look at the new regulations for annual statements?

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On the back of mine the table of payments and interest is missing. Have another look to check if it's all there!

There is something called a 'European Order for Payment' which is new this year but it is for debts which are not disputed, so difficult again!

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Just had a new statement from MBNA with the missing figures. Still, 3 November isn't the 1 October, is it?

 

They have also acknowledged my complaint and say they will get back to me within 28 days, from......you've guessed it, Gail Powell. Boy, is she busy!

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  • 2 weeks later...

Global Vantedge continue to call daily and I am also now getting voice messages left on my mobile by MBNA asking me to call one of their many 01244 numbers. Let's see if they do anything different when they get the telephone harrasement letter.

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After sending me a letter in October to say they are investigating my complaint another letter has turned up today (with a second class postmark to a foreign address?) saying they need more time. If they use second class again I won't see it until after Christmas! I wonder if they are waiting for results from test cases?

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