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    • I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • Please check back later on today for a fuller response and some edits
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Is my MBNA CCA enforceable?


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I have received this back from MBNA following a request for a copy of my original signed application a breakdown of the account charges and a copy of the terms and conditions for my ppi policy which I was advised I couldn't claim on.

Like many other insurance products I have with products on loans and cards I have not been able to claim for one payment on any of them.

I have been paying £200 a month after being advised I was working towards a partial settlement which I have MBNA emailed confirmation of. I requested this to be backed up in writing on letter headed paper and on doing this they sent me a default notice as I stopped the payments when I was informed there was no record of the agreement on the system.

I have since sent another letter with a complaint about the ppi and enclosing the emails I saved for my records asking for an explanation. No reply so far that was two weeks ago.

Anyway here is a link for the agreement they sent me:

 

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/File0041.jpg

 

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/File0036.jpg

 

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/File0037.jpg

 

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/File0039.jpg

 

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/File0039.jpg

 

http://i33.photobucket.com/albums/d63/carryboyuk/Consumer%20Forum%20Action/File0040.jpg

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The agreement would be enforceable as it does contain the prescribed terms.

It would appear that you applied for the card online, and therefore a tick would suffice to be your electronic signature that you agree to the agreement.

 

Please can you post up the Default Notice.

 

Did you keep the envelope the DN came in ?

Edited by supasnooper
additions

 

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Yes Supasnooper is right since Oct 2004 online applications are valid without a signature, as long as the box is ticked. Before this, they had to send out a separate CCA for you to sign. Lets hope Supasnooper can confirm if your default notice is perhaps defective for you....hope you have your matters sorted soon

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Have a look at these copied from other threads to help you.

 

Consumer Credit Agreements - a guide to enforceability

The Prescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

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It seems mbna send these out using uk mail which is deemed to be a second class post, therefore if date of posting is 09/10/09 it would deemed to have been served on 13/10/09 giving you until the 27/10/09 to rectify. As they are one day short of the requirement the d/n is deffective IMHO.

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  • 2 weeks later...

I have sent a complaint letter to MBNA regarding my insurance and have asked why I was misled regarding the regular payments that I made on the account in the last 12 months at £200 a month. To date no reply sent recorded who do I escalate this to now it has been over a month.

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Please keep any advice to the Open forum

 

ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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You DN is faulty :D

 

have a read of this to understand:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200901-anatomy-default-notice.html

 

 

dated 09th oc which was a friday 2 days for posting plus 14 days would take you 28 th

 

ida x

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Hi ida,

 

the DN does appear to be faulty what action can I now take.;)

 

No confirmation yet that the agreement has been terminated and no response to my complaint letter in relation to my ppi and payments made on account that were meant to be working towards an agreed settlement.

 

It does baffle me that when you comply with everything thats required of you then the moment you start asking reasonable questions they jump all over you in thanks for your previous loyalty no wonder so many customers like me are left miffed.

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to be honest, what i would do at the moment is nothing and wait for termination notice.

 

did they give a reason that you could not claim? missold on an online agreement would be hard to say otherwise

 

is there a specific reason that they would not pay out?

 

If I would you i would serch the legal forums to read up more about faulty dn's so you fully understand the process but do not give this up to them

 

Ida x

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Can someone advise if this MBNA Agreement (below on Photobucket link) is enforceable ?

It was taken out in May 2005.

One page document, front and back details.

 

I have had loads of letters from LINK Financial, agreed to pay them a nominal amount against mbna debt, but stopped paying them in July. Am worried now that I will get a Claim form through soon for repayment of the whole debt. Want to pre-empt that by either sending request pursuant to S.78 of CCA 74 or a CPR 31.16 request.

 

Please help.

 

http://i841.photobucket.com/albums/zz340/hpmum/mbnacca.jpg

 

http://i841.photobucket.com/albums/zz340/hpmum/mbnaccabackpage.jpg

 

Thanks in advance.

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It seems mbna send these out using uk mail which is deemed to be a second class post, therefore if date of posting is 09/10/09 it would deemed to have been served on 13/10/09 giving you until the 27/10/09 to rectify. As they are one day short of the requirement the d/n is deffective IMHO.

 

Whilst what griffin036 says is correct; technically the date that the Default Notice would be deemed served is Thursday 15th October 2009 This would only allow 12 days to rectify the Default Notice.

 

Why ?

Saturday and Sunday are not counted as actual working days for service.

 

The relevant info can be found here -

 

B_R_W's post on DN's

 

 

BTW - I'm not being picky but it gives the claimants less room to manoeuvre.......and ensures you've done your homework. ;)

 

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Hi Ida,

 

MBNA will not respond to any recorded written requests for any explanation as to why I was not able to claim on the insurance. I requested a claim form and then backed that up in writing as well and received nothing. I called and asked for the insurance section I was put through I then explained my circumstances.

Full time carer for wife and child wife suffering with disability etc had to shut my business to be at home and was informed it was unlikely I would be successful but forms would be sent that were never received.

Ignored and still ignored even as recently as last month and the request went in mid last year.

Not sure what else to do but wait. I called numerous times just to be informed they are not the type of organisation that puts things in writing that was stated by a staff member which will remain nameless for now.

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If you have an application form for a credit card,and nothing else, it is not a credit agreement and so it is NOT enforceable by itself!!!!!!!!!!!

My solicitor has advised me that a credit agreement should be about 20-30 pages long! If you have not signed something of this length then you,like everyone else prior to April 2007, have NOT signed a credit agreement and they cannot enforce the debt!

The procedure for applying for a credit card after April 2007 is far more stringent-after you send them the completed application form they will send you the credit agreement for you to sign/date etc.Only when they get this back will they issue you with a card.

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If you have an application form for a credit card,and nothing else, it is not a credit agreement and so it is NOT enforceable by itself!!!!!!!!!!!

My solicitor has advised me that a credit agreement should be about 20-30 pages long! If you have not signed something of this length then you,like everyone else prior to April 2007, have NOT signed a credit agreement and they cannot enforce the debt!

The procedure for applying for a credit card after April 2007 is far more stringent-after you send them the completed application form they will send you the credit agreement for you to sign/date etc.Only when they get this back will they issue you with a card.

 

I think you would be treading on extremely dodgy ground if you rely on your "solicitors" advice. Application forms ( pre 2007) which contain prescribed terms and signed by both debtor and creditor would be found by a DJ to be enforceable. A member of the site team has already commented on the OP's cca, being in his opinion enforceable. The only issue in the OP's favour being that the DN would seem to be defective.

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