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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Mbna Debt


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I've just made an agreement with MBNA to pay them a certain amount of money each month (what I can afford to pay). I did this over the telephone and the assistant said I would have to pay £1 there and then. I gave her my switch card details. I also agreed to pay the agreed amount on the 1st September when my wages go into my account. Can you tell me what the £1 was for? I thought they just wanted my bank details so that they could take the agreed amount out on the 1st but so far they haven't. I'm not sure now whether they are expecting me to pay by cheque. I'm loathe to ring them up because they blind me with science!!

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I am new to this site so please forgive me if I am speaking out of turn but why did you give them your card details? I hope someone more experienced will see this but if were you I would cancel that card quickly as I do not trust them one bit :)

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I've just made an agreement with MBNA to pay them a certain amount of money each month (what I can afford to pay). I did this over the telephone and the assistant said I would have to pay £1 there and then. I gave her my switch card details. I also agreed to pay the agreed amount on the 1st September when my wages go into my account. Can you tell me what the £1 was for? I thought they just wanted my bank details so that they could take the agreed amount out on the 1st but so far they haven't. I'm not sure now whether they are expecting me to pay by cheque. I'm loathe to ring them up because they blind me with science!!

You will need to watch that they do not take more than you agreed.

 

Speak to your bank about the card payments. Let them know that the MBNA payment, was a single payment and not an ongoing arrangement.

 

Be very careful with these people.

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  • 2 months later...

Hi

 

I am in debt with MBNA (credit card). I have offered to pay them a certain amount of money each month. I have telephoned twice now to speak to them. The last time they wanted a pound there and then. I told them I do not give my account details over the telephone and asked if I could send a cheque. The advisor agreed and he went through my income and expenditure again. I had already done this previously with another advisor. I have also sent a copy of my incomings and outgoings. He said he didn't think this would be a problem and that my offer would probably be ok. I've now recieved a letter saying if I don't ring in the next 7 days with a repayment plan they they could ask my employer to deduct the debt from my wages. I do not want my employer involved in all of this. I had previously offered £45 and the advisor said he'd worked it out that I need to give them £42! I don't know what else I can do, as I've said I have written to them, supplied my incomings and outgoings and spoke to them twice now.

 

Is there anything else I can do? I feel as though they are stalling me. If I ring them again we will be going through the same things again.

 

Thank you.

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Typical MBNA. Couldn't organize a **** up in a brewery.

I have had the same thing off them sometime back, agreeed to a repayment plan IN WRITING, then said 4 months down the line that they did no such thing.

 

As for deductions from your wages, this is possible IF they had a court order and you failed to adere to the repayment of it.

It is all hot hair, they can do nothing without first obtaining a CCJ through the courts.

Do not speak to them on the phone as anything they tell you or agree to will be denied later, get everything in writing and under no curcumstances give them your bank account details. Any payment you make to them try to use internet banking.

If your current bank account has any assocciation with MBNA or it companies, I would get a parashute account opened pronto and have your wages, benefits what ever you get paid in to that or they will just help themselves to the arrears from your account.

 

Can I ask if this MBNA card was taken out before Dec 2004?

 

and what kind af balance we are talking about.

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Firstly you must STOP TALKING TO THEM OVER THE PHONE, you need to get everything in writing and start a paper trail of evidence.

 

If they ring you tell them everything in writing, then put the phone down.

How old is this CC? When did you take it out?

 

They are not legally entitled to your confidential information as to your Income and Expenditure (I&E) Only a judge is entitled to this information. And your miles from having to give him this at the moment!

 

As you have learnt, talking to them over the phone only allows the untrained unqualified burger flipping threat monkeys to intimidate you, and exploit your lack of knowledge surrounding debt collection.

 

There is no way they will tell your boss and get him to deduct the money from your wages.

You first have to be taken to court, stand in front of a judge, show him your I&E, he then decides what you can pay them, so if that is just £1 a month then that is what they have to accept.

Then if you fail to keep to the judge's court order, they can take you back to court, where you will again stand in front of the beak and explain why you have failed to keep to the repayments, he then will decide how you should pay them the money, then and only then, can he decide to put an attachment of earnings order, which means that the money, how ever much he has decided you should pay, will come straight out of your wages.

 

So the imbecile who exploited your lack of knowledge is more of a fool than he likes to think you are, And I am not for one minute calling you a fool:p

 

So for their trouble you should report them to the OFT for breaching the debt collection Guidelines.

 

The Office of Fair Trading: Contact us

 

The Office of Fair Trading: Debt collection practices

 

Consumer Direct

 

Boo;-)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Have you asked for a copy of your Credit Card Agreement (CCA)? If not, do so straightaway.

 

Send this letter along with a postal order for £1 and give them 12 days to respond. DO NOT sign the letter or, if you feel you must sign, put several "X"'s across it to ensure it cannot be "lifted" and pasted onto any incriminating forms. If they cannot provide a true, signed copy of your agreement (copies of their "terms and conditions" do not apply) then the "debt" is unenforceable and you can withold payment from them until such times as they, or crappyquest (who they will no doubt sell your "debt" to) can prove in a court of law that you owe the money. Good luck to them without a valid CCA.

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If £47 a month is comfortable for you to pay then continue doing so, as long as they are not adding any interest etc and you are not using the card then they cannot complain, well they can but it will fall on deaf ears.

 

By all means send them a CCA request, and see what they come up with. However you do not ever need to supply these clowns with any other information surrounding your I&E, only a Judge can ask you for that, these clowns have absolutely no legal right to your personal confidential information.

 

In summary, pay them what YOU can afford, YOU tell them how much YOU can pay, they do not tell you how much they want you to pay.

Don't fill in anything else they send you, they have no legal right to your personal and private information, would you tell me how much you earn a month and what you spend it all on? No.

Do NOT, EVER, speak with these clowns over the phone, EVER. Everything must be in writing, always, this is for your own protection.

 

If what you are paying them now is having an adverse effect on other things in your life, then reduce the amount, legally £1 a month is the minimum payment which is expected, so choose a figure that is most comfortable for you to pay them between £1 and £47, and if one month you can't afford whatever amount you have decided to pay them, then simply pay £1.

 

They will stamp their feet and threaten all sorts, taking your first born, running over your dog etc to get money. Don't give in, it is you who is in control not them, only you know what you have coming in and what is a priority to pay and what is not, these idiots are nowhere near a priority, not by a long shot..

Rent/Mortgage

Utility Bills,Gas,Electric etc

Council tax,

Court Fines,

Pretty much everything that will get you thrown into Jail, is a Priority, everything else can sit on the back burner and wait their turn.

 

Boo;-)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks everyone I really do appreciate it. The good thing is you make me laugh with all your witticisms!

 

Wait till you receive one of their coveted "Valid even if not read by you" threatogrammes:lol:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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