Jump to content

  • Tweets

  • Posts

  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Restons / MBNA v Me - court date 4th Dec ! help


Please note that this topic has not had any new posts for the last 3954 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

why are MBNA though restons taking you to court when according to the comms log MBNA have charged off the debt and sold it to direct legal collections ?

 

If thet is true mbna cannot take court proceedings as they no longer own the debt.

 

Are direct legal inhouse recovery ? anyone

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

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

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

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
  • Replies 57
  • Created
  • Last Reply

Top Posters In This Topic

I think i know what's happened here, first of all are the comms log which i have been sent all for one card ? reason being i have a second card with mbna for a smaller amount of just over £1,000 which has been passed onto DLI originally & now it is in the hands of Hillesdens who cannot seem to find the CCA but thats where DLI must have came from, could the comms log be incorrect or would the comms log account for both accounts ?

I know it sounds very confusing but there is no other explanation !

Link to post
Share on other sites

Nope...you should have a "Comms Log" for each account.

 

As pompeyfaith has pointed out - according to the comms log MBNA have charged off the debt and sold it to direct legal collections.

 

Send off a CCA request to Direct Legal Collections quoting the acc no. on the "Comms Log" and see what you get back.

 

I do trust you have sent a CPR31.14 request to Restons

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

hi, snooper, yes i have sent the following:

 

CPR 31.14 Request

On 04 June 2009 I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

Prior to the issue of proceedings I had delivered a request for the production of the Consumer Credit Agreement, mentioned in the Claim Form and on which you rely. I am still awaitingfull compliance.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of statements of accounts and the default and termination notice document(s) mentioned in your Particulars of Claim:

1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 The default notice*

3 The termination notice*

4 & any other document that you will rely on in court.

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully quote.gif

Link to post
Share on other sites

Good stuff with the CPR31.14 letter but I would pursue Direct Legal as well.................I think MBNA have dropped the ball here. ;)

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Another little twist today, i have been sending £4 each month for the past 3 months to MBNA for account 1 (£11k - restons) with a letter clearly stating my account number, got a phone call today from DCL / hillesdens (account 2 - £3k) who said they will accept the £4 each month i am sending them, so even though i am sending the £4 to MBNA with my account number clearly stated in my letter they are puuting it against my other account with DCL - £3K which i am still waiting for the CCA from.

 

Should i not say nothing as i have proof of sending with a copy of the letter i send with the cheque or should i write to MBNA & tell them they have made a mistake or will it benefit me in court no to mention it ?

Link to post
Share on other sites

Hiya Potless,

 

Right just one observation not sure if it changes anything but certainly worth asking in court.

 

The Default Notice is dated 07/04/2009 but on the comms log there is an entry on the 09/04/2009 stating Default Notice sent on the 07/09/2009

 

Now the question why would they make this entry 2 days later surely the entry should have been on the same day the 07/04/2009.

 

Also 9 from 24 is 15 where as 7 from 24 is 17

 

Are the calls you made to MBNA logged on the right day i.e. day of call ?

 

Something to bring up in court me thinks.

 

Anyone else have views on this.

 

Regards

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

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

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

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

Have a look at this letter from MBNA - img011.jpg picture by paulbaxter009 - Photobucket

 

This letter very clearly states the steps that MBNA follow when they "charge off" an account. Keep a copy of this safe somewhere. ;)

 

Please bear this in mind when the argument of termination springs up.

 

You never know, the OP may do a Witness Statement for you stating that this letter was sent by MBNA....I wish I had a copy of this letter some time ago. :rolleyes:

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

& what about my monthly payment which they have taken for my smaller debt even though in my letter that i send with the cheque is states the account number of the bigger debt.

Link to post
Share on other sites
If no mortgage on property put the house in partner/wife name means restons cannot touch it unless the account was in a joint name.

 

I would apply for a summary judgement which since you are unemployed your court fees should be waived, ask the court for further detail.

 

Just spend alot of time reading the forum and be aware of the distinction between prescribed conditions - no or not all prescribed conditions in CCA no case to answer

 

Just get your summary application into court to counter restons summary judgement application. You will also need to educate judge in CCA. A well written counter summary judgement application would be the best way to go pointing out how bad their paperwork is. Remember no agreement or agreement containing all prescribed conditions they may bluster but the judge cannot make it enforceable that is Ultra Vires. A District Judge cannot bring back hanging! They cannot do what they like - they must themselves work within the law.

 

Case law is on your side. If you are based in cheshire get the case thrown out as CCA cases in that county are on hold following further high court hearings.

 

Charging orders mean that if you do not keep up the amount set by the court the house could be forceably sold. They will say that they just want security on debt which I would not believe - they sell them onto third parties. (Very unlikely do not worry)

 

The court will not look kindly on forced sale applications were payments are up - to - date.

 

Upload your credit agreement for checking. If they have not sent you a copy under CPR they must send you a copy of the agreement give them 7 days. Template letters on site. Also point out that any documents that they rely upon in court must be produced 7 days before hearing.

 

Just read and read the site and learn as much as possible.

 

People beat the b*stards and just remember solicitors have less ethics than prostitutes.

 

Also point out that Restons cannot apply 8% interest to the case and cannot apply interest to a charging order under law. Strictly Vorbotten by the consumer credit act overriding the later civil court legislation.

 

Also be aware that the solicitors at court do not like it up them - itimadition in the court waiting area is allowed.

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170484-fairbyblue-mbna-restons-court.html

 

Case Won keep life going dont let them ruin your life - work on getting that new job - and do not let restons ruin your relationships.

 

As you are unemployed try a free course at a local college to spend time out of the house and give your mind something else to work upon. Also get somebody to go to court with you on the day.

 

getting lots of useful information as i am abaout to enjoin with MBNA, however i feel that i should challenge the first statement

 

"put the house in joint names and they cant touch it"

 

my understanding is that with a charging order the owner of the order (if he gets an order from the court to enforce) can assume the rights of the person named on the CO in the property

 

that is to say that in any property which is jointly owned ANY one part owner can force the sale of the property to release his equity,

 

thus the creditor may indeed get a court order to sell the property to realiise the defendants equity and any joint owner of the propery is unable to prevent the sale .

 

Were there to be children , elderly or infirm occupants then an order would be unnilkley (but not impossible) further if the home can be shown to be in neagtive equity and that an order for sale would result in no benefit to the creditor it is highly unlikely that a court would grant an order

 

IMO

Link to post
Share on other sites

& what should i do about my monthly payment which they have taken for my smaller debt even though in my letter that i send with the cheque is states the account number of the bigger debt ? shall i just leave it as my letter & account number are clearly shown when sending the cheque each month.

Link to post
Share on other sites
  • 1 month later...

with reference to post 20 by potless:-

 

they sold the debt whilst you were still in the period for remedying the default therefore if you were DN'd on 9th April you could not have complied with the default notice as they sold the debt 11 days later to someone else

 

since that someone else was not on the DN you could not remedy either to the old owner, who by the time you had to respond no longer owned the debt, nor to the new owner since at that time you would not have known who they were!

Edited by diddydicky
Link to post
Share on other sites

Potless,

 

Just been reviewing this thread again and noticed you are unemployed is this still the case ? if it is and you are getting unemployment benefit that is an automatic entitlement to legal aid so go get legal representation also any applications you have to make to court are free under the EX160 fee remission.

 

Search for EX160A on the HMCS website that will explain all as for legal aid go to the LSC website

 

Regards

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

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

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

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

jobseekers allowance yes thats the one shows how long since i claimed it! I got it being a homeowner on incapacity and with equity in my home so yes go see a legal aid solicitor and they will do an assesment nothing ventured nothing gained and all that PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

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

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

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
  • 1 month later...

Just received a judgement letter too! From Barnet county court today:

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/judgement.jpg

 

Please can anyone advise me on what i should & should not do, i do not have the funds to make the payment as i am out of work & am on JSA, i also have my own home.

What can the courts do to enforce the payment ?

 

thanksballchain.gif

__________________

Potless1

progress.gifedit.gif

Link to post
Share on other sites
Just received a judgement letter too! From Barnet county court today:

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/judgement.jpg

 

Please can anyone advise me on what i should & should not do, i do not have the funds to make the payment as i am out of work & am on JSA, i also have my own home.

What can the courts do to enforce the payment ?

 

thanksballchain.gif

__________________

Potless1

progress.gifedit.gif

 

first thing to do is call the court that issued the judgement and give them the claim number and ask them to confirm if its legit.

 

then get back to us and include some details such as below.

 

Did you receive any particulars of claim?

 

Is it a credit card or loan agreement? (am assuming its a credit card for now since its MBNA)

 

Did you receive a Default notice? if so what date you recieve it? and plase scan and post a copy of it on here like you did the judgement. (bear in mind MBNA have nasty habit of sending out invalid default notices)

 

when you get back to us with the information above and confirmation from the court that the judgment is true we can then advise you further. the important thing right now is not to panic

 

In the mean time ill get one of the site team to move your posts into a new thread, so then yours situation doesnt get mixed up with this one causing people to get confused.

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.

Link to post
Share on other sites

First, Potless, did you defend the claim i.e. send in a AOS when the POC was issued followed by a defence & if so, what did you put?

 

Second did you you turn up in person at the hearing? If not, why not? If you did, did you explain to the DJ that you were on benefits & could only afforf to make minimum payments?

 

Thirdly, you really need to start your own thread on this rather than hijack this one. I'll notify site team to move these posts for you.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...