Jump to content


  • Tweets

  • Posts

    • Have we seen your court bundle?   If we haven't then it's probably an idea to post it up here especially the index page and the witness statement so we can see if there is anything which might need adding or changing 
    • "Care to briefly tell someone who isn't tech savvy - i.e. me! - how you did this?" Its pretty simple although not obvious. You open the google maps app > click your profile picture > Click Timeline from the list > click today > choose the date you want to see the timeline from. Then you'll see your timeline for that day. Often, places you have visited will have a question mark beside them where google wants you confirm you have actually visited. You either click 'yes' if you have, or you click 'edit' to enter the actual place you visited. Sometimes, you'll see 'Missing visit' This probably happens if your internet connection has dropped out at that time. You simply click 'Add visit' and enter the place. The internet on my crappy phone often loses connection so I have to do that alot.   OK dx, understood mate. 
    • I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • Sorry  Noted x   Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
  • 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

Mbna County Court Action


paulbaxter009
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5252 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

  • Replies 71
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi everyone, I had a thought about the cca request letter. Should it be sent to MBNA or to Optima Legal? As pf points out there is no account number on the forms sent from the court. Does this matter? I don't want to give optima any ammunition if I don't have to. Also I want the case moved to my local county court. Is this a possibility?

thanks

pb

Edited by paulbaxter009
Link to post
Share on other sites

Get the CCA request off to Optima ASAP.

 

Also, get a Subject access request off to MBNA ASAP.

 

I would include a specific request for the "Comms Log" or the Customer Information System" print out relating to the account account number.

 

Template letter here - The Consumer Forums - Debt collectors

 

 

Your case will be moved to a court nearer to you once your defence has been submitted.

 

Have you completed the Acknowledgment of Service ?

 

Link to post
Share on other sites

Paul,

 

I've just come on PC now to cast a eeye over the DN,AGREEMENT and TERMS AND CONDITIONS I cant find them im sure they where here last night ?

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Hi pf, any dn's are being sent to me by my debt management company and as soon as I get them I will scan them and post them on photobucket. The agreement and the terms and conditions are what I sent the two request letters for yesterday, one to mbna and one to optima as per supasnoopers advice.

REGARDS,PB

Link to post
Share on other sites

Hi everyone, I have scanned all the paperwork sent to me from my debt management company re my wife's court case.Here is the link:

 

Pictures by paulbaxter009 - Photobucket

 

I could still do with some advice on the acknowledgement of service form and what to say about our defence.

 

Regards PB

Link to post
Share on other sites

Hi

 

From the date of service of the claim form (i think this is usually taken as 5 days after the claim date on the form) you have 14 days to acknowledge service and 28 days to enter a defence,

 

For now all you have to do is Acknowledge service an state that you intend to defend the claim, your defence will have to be based on what information MBNA/Optima send you to back up their claim.

Edited by the main man
  • Haha 1

Capitalism is the legitimate racket

of the ruling class.

Al Capone

Link to post
Share on other sites

Make sure you keep this letter safe - img011.jpg picture by paulbaxter009 - Photobucket

 

as it clearly states what MBNA do when they charge off accounts.

 

This letter will also help lots of other Caggers as MBNA do not normally send out this letter. :)

 

Unfortunately, I cannot see a copy of the Default Notice. What you are looking for is one like this - http://www.consumeractiongroup.co.uk/forum/show-post/post-1734964.html

 

Link to post
Share on other sites

Thats jolly good advice asking you to re-mortgage im sure the judge will not like that one bit.

 

As snoops says keep it safe and also use it in your defence.

 

PF

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Hi everyone, I filed the acknowledgement of service today online but realised I left out some information. Should I send the form as well or call the court to try to rectify the mistake?

Edited by paulbaxter009
Link to post
Share on other sites

Hi everyone, received a letter today from mbna sending back my original letter and postal order requesting my wife provide proof of identification before they will send out any info as asked for in the subject access letter I sent. They want proof of signature! e.g. copy of driving licence, passport etc.

Link to post
Share on other sites

Hi Paul

MBNA did the same with me months ago when I sent a SAR

 

I wrote and told them that they were confident enough to send all other correspondence to this address but got nowhere with that.

 

I eventually followed advice from this forum and signed the letter but put a line through my signature so that they couldn't scan it and reapply it anywhere.

regards

=================================================================

remember

 

the Sun is always shining, it's just that you can't see it sometimes

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...