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    • Forgot to add, got friends in Italy, and one of them rang the Police where the fine came from, and her reply was “Tell your friend it’s not a big deal, it’s only a speeding fine we’re not going to chase him, tell him in future to take his foot off the gas, however it he returns to a Italy and gets control checked, he would be held until the fine is paid”  A bit odd I thought, considering I am being chased now.
    • I've read loads of old messages about what to do but feel my case is different, it's a bit of a back story so ill break it down. - Had a letter from an Italian province in July of 2020 for a speeding offence in 2019 for 575 euros, was in a hire car I used for work, no longer work for them and heard nothing from either. - Thought blimey, but went to pay it anyway, it had doubled to over 1100 euros, yeah I can't afford paying that, filled out the attached information sheet to say it was me driving but I have no money or job due to COVID (true story) and sent it back (durrrr) - Heard nothing until December of 2023, a letter from an appointed solicitor from Florence saying if I don't pay, we will chase you through the legal system with costs beared to you. - May of this year, I get a letter from CLI (Credit Limits International) basically saying they have been appointed to carry out the collection, £1475. - Stupidly, I started the 'three letter process' asking for proof etc, and they replied a few days ago with a copy of the fines I had received from Italy, they stated the debt has no terms and conditions as it relates to a fine in Italy and the debt is not subject to the Consumer Credit agreement. I translate that to "at the moment we don't own the debt and have been given authority from Italy to pursue the debt". That is where I am currently at, I would begrudge giving in and paying an obscene amount. As seen from similar threads, I know a threat of a visit is coming, followed by a threat of court action, but annoyingly it hasn't been mentioned how these cases were concluded and the threads are now locked. I've read to ignore them, but can't help but feel that because it's such a substantial amount that they will feel it's worthy of pursuing this no matter the hoops they have to jump through. Along with admitting it was me driving and opening the can of worms by contacting the DCA, it wouldn't look good for me should it ever get to a courtroom.  Has anyone with previous experience managed to 'get away with it'? Anyone know what they're capable of other than nagging me? I'm not after any moral judgment.
    • take the SD card out and put on a pc/laptop then run recuva on it in  select videos only option select specific location hit browse then select drive letter of the SD card. then next  then deep scan then go have a cup of tea..  when done dont recover the all files back to the card select a new folder on your pc/laptop        
    • hi all, i will list my curmcumstance first then list the details of the penalty charge - we are 2 diabled people being affected by the cost of living crisis and are skint etc. i am disabled with mobility issues(arthritis in knees and ankles and gout) and cant operate car pedals anymore so i let a friend up the road use my car in exchange for her driving me about. its a good arrangement as i get a 'chauffer' and she gets the use of car. the car is parked in her drive which is better as i was refused a disabled space (even on appeal) and too much congestion to park the car outside my house. my friend is vulnerable as she has suffered depression and suicidal thoughts since the loss of her mother a few years back, she is dyslexic, she is a carer for one of her sons that is disabled due to mental illness and mobility. she lives in a council house and cannot work. we went to iceland ..attracted by the 10items for £10 offer - we've never been there before. a large artic lorry was parked accross the car park blocking the view of one of the parking signs and blocking the disabled bays where the pay&display machine is. by the time she helped me out of the car and then went to see if it was pay&display then came back to me at the car she said she thinks it was pay even for disabled, so we looked for change in the car which we didnt have (she normally goes asda which dont need to pay for parking)so then we said we'd either go get change or go to asda...so then by the time it took her to help me back in and get out the car park took 15 minutes...5 minutes overstay past the 10minutes grace. the letter from excel parking came through and i sent it back giving her name as driver (before i saw on here that you shouldnt name the driver) then i appealed explaining what happened (lorry blocking etc) and even said we were being descriminated (advised by citizen advice)as we are disabled and 15minutes is not long enough for a crippled disabled man and a woman with dyslexia to read and understandd the sign and get out, then back in the car and look for change then get out the car park in 15minutes. i even explained she was a vulnerable person on anti-depressants and even sent a photo of medication and said if you need a doctors note then let me know....the appeal was rejected. i've emailed iceland over 50 times and they just wont tell excel to cancel this charge - they are ignorant and ive even asked them why they have a webpage saying 'iceland combatting the cost of living crisis' pretending to help their customers and they wont comment...they'd rather put more stress and anxiety on an already suicidal vulnerable person just to get money out of them..so their 'help' during this crisis is a lie as it wont even extend to disabled customers. she has now received 2 letters from DCBL saying she owes £170 for 5minutes of overstay. the last one is a final demand. as she cant read or write very well ive sent a recorded letter to DCBL (as advised by citizen advice) asking not to attend the property due to a vulnerable woman inside the property as it will only exasperate the situation, they have ignored it and basically said we dont care, you still owe. could anyone please advise - we are not very good with letters or these situations and are slow on the uptake.   1 The date of infringement? 28th dec 2023   2 Have you yet appealed to the parking company yet? [Y/N?] yes   If you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]cant do that - will have to get my son to do it when he visits   Has there been a response? yes   Please AS A PDF FILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]cant do that - will have to get my son to do it when he visits   If you haven't appealed yet - .........DONT ! seek advice on your topic first.   Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] yes   What date is on it? 15th january 2024   Did the NTK provide photographic evidence? yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'scant do that - will have to get my son to do it when he visits   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] not on the front - maybe on the back but cannot find the letter now   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] yes   5 Who is the parking company? excel   6. Where exactly [Carpark name and town] did you park? gravesend in iceland    
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MBNA Loan - The battle begins


exchange
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  • 2 weeks later...

Received a reply from MBNA to my last letter which included a demand that communication should always be in writing. They have sent the same letter on the same day twice! In the letter they say that they will write to me separately about the enforcability issue, so still waiting.

These two letters were basically the usual denials and bullying me to make payments.

There answer to the telephone harrasement issue was to quote the 'Banking Code' (which no longer exists as it was replaced on the 1 November 2009 by two new codes, the 'Banking Conduct of Business Sourcebook and Payment Sevices Regulations 2009' which is enforced by the FSA (God help us all!) and the 'Lending Code' enforced by the Lending Standards Board, so please look these up MBNA if you are reading this and pleased to be of guidance, cretins!) stating that they must keep all lines of communication open and therefore must keep the option of calling me available, but then say that they will not correspond further at the end of the letter!!

I will be replying when I hear from them about enforcabilty which they appear to be struggling with, but I expect them to deny any errors of course!

Edited by exchange
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Letter turned up today saying my complaint will take a further 28 days to look into. This is the third time they have given a deadline to reply to me. What are they up to? Could it be to do with the cases in the Mercantile court?

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  • 3 weeks later...

After no calls for 3 weeks I have had a voice message left today from a mobile number asking me to call them urgently. Fat chance, will they never learn that I don't pick up their calls! This is after receiving a couple of letters reminding me that I am behind with payments and suggesting that if I am dissatisfied I should complain to the FOS. This seems to be their latest tactic having read other threads, in that they want you to go to the FOS as they are fairly confident they will get a ruling in their favour to use against you further.

I am still waiting for them to answer my enforceability issue which they don't seem to know how to answer yet.

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Hello Exchange!

 

I think that your possible main line of attack, may be to take a long look at the earlier MBNA Loans.

 

If PPI was added, then most were s18 cock-ups because MBNA did not state the Monthly Payment or Interest Rates for the Loan and the PPI. They just lumped them together.

 

My point being that you should not just look at the last Loan, but all the ones that came before it. If they screwed you via PPI, and also perhaps by manipulating an MBNA Credit Card Debt at the same time, often setting you up for problems that they offered to solve via another Loan or Loan Top-Up, then you might just start to build up a case based on unwanted consolidation loans and unfair relationships etc.

 

If you have not already done so, get a SAR off to them, and ask for everything they have on you...all Loans, and every single entry on their Customer Log, or whatever they call it!

 

I hope this helps.

 

Cheers,

BRW

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Thanks BRW, I appreciate your advice.

I have never taken out PPI on anything as I have been self employed for years and savvy enough to realise that it was inappropriate for me, despite assurances from all and sundry that it would be a good idea without them asking me my circumstances, surpises, surprise!

I agree that the previous loans are likely to throw up other problems from an enforceability point of view, however, I am just waiting to see how they mess things up first by not following procedures correctly, as is the case with my two credit cards in dispute with them which they seem to have given up on for now.

I have SAR'd them on my two credit cards, but got nothing on the loans which is probably my fault as I did not specifically ask for the info on the loans. Do you think I should have to pay £10 again to get this info from them, or can I get away with saying they should have included it even if I didn't ask?

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Hello E!

 

The £10 is a Data Subject Access Request on you, the Data Subject, not on a per Account basis.

 

MBNA should therefore send you everything. If they do not, tell them, and then complain to the ICO that they are holding things back.

 

But the £10 covers the lot!

 

:D

 

Cheers,

BRW

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Received a letter yesterday dated 17 December 2009 telling me they need yet more time to reply about the enforceability of my alleged agreement! This is the fourth time they have given me a deadline by which they will respond. Are they simply waiting for the results of the Manchester court cases to be interpreted to help them decide what to do? Is anyone else experiencing this long delay for a reply?

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Occurs to me that the last reply I had after they took a couple of months to 'investigate' answers nothing and is typical of MBNA's standard response. So what were they 'investigating'?

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I am not happy! MBNA have left messages for me to call them on my home, office and mobile numbers today. Both my office and mobile number are work numbers and I know this is a no-no. I also have a mobile for personal use but they don't have that number. Ignoring the guidelines as always, just have to hope my letter gets to them soon so that I get another (temporary I suppose) respite.

All other CCC's have long since got the message that I do not answer calls from them and have given up. Only MBNA persist with this harrasement and it seems there is nothing that works to stop them, other than changing all your numbers, which might be my only solution!

Edited by exchange
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Threat-o-gram received today, standard one everyone seems to get threatening court action and a CCJ, etc. from Martin Supple. Says I must call them by 9pm tomorrow (don't think so!) so that we can come to some arrangement (needs me to have spare cash which I haven't got) and ends with 'Do not waste this opportunity.'

Obtaining a CCJ would be difficult for them as I am outside the UK. I do wonder if they realise that when they send letters to me outside the UK? Would mean using their brains - say no more!

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Lots of anonymous daily calls received on my work mobile with no message left so can't prove it is MBNA without picking up, but at lunchtime today messages left on my office number for the second time and my work mobile and they called at home. Call to home showed as a central London (0207) number, a mobile number showed on my mobile and who knows what number, if any, appeared on my office number. They are following a similar pattern to my cc's before they gave up so I hope this is running its course to a conclusion.

Have to wait and see what they try eventually.

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Hi Exchange,

 

Someone called Martin left a message on my answer phone at 8.40 this morning, but it was an international out of area number.

 

So glad they don't have my mobile, except they have if they used their initiative! Guess no one there has any!

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Hi Dotty50,

 

I am following your battles still too, just not much to add!

 

I find it hard to believe that guidelines don't say no calls before 9 am or after 9 pm but have yet to find anything on this to quote to MBNA.

 

Good news is all other CCC's have been silent for a few months, pity MBNA are so persisitent, but then they probably gave out the most credit as well which is why they are struggling (i.e. Bank of America) more than others.

 

Shame!

 

Exchange

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