Jump to content


  • Tweets

  • Posts

    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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

Help with MBNA CCA, please. - ***WRITTEN OFF***


Laura Cooke
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4501 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 321
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Id send it to see how they respond...

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

Link to post
Share on other sites

Did a N1 for my sars off MBNA they sent the paper work day after I filed N1. Wrote to let the court know and asked if I`d be entitled to any wasted costs as I`d still done a lot of work on the case

 

The court have sent papers informing me case going to trial and enclosed a defence sent to court by MBNA I`m to fill in a allocation questionaire

 

MBNA`s Defence is they saying because my hubbie didn`t send a signature they couldn`t comply with my sars request then they said because I didn`t send hubbie`s ID (passport/driving licence) they still couldn`t comply. But Hubbie has not got such ID. Hubbie brain damaged and I couldn`t get him to sign anything

 

In the end I sent a signature to MBNA nothing like my hubbie`s they said they varified the signature and then was able to send the sars but that`s not true the signature I gave couldn`t have been varified as it was mine!!!

 

Can`t understand why court as sent me a date for trial I have received the sars so I would have thought that would have been the end of the matter, apart from me requesting if I could have any wasted costs for MBNA not complying till I went to all the trouble of filing the N1

 

Please can anyone advise what I can do as been sent a AQ to fill in

Edited by Laura Cooke
Link to post
Share on other sites

Filling in an AQ as a claimant!!! Not done one of those yet. But will watch with interest as I think I've got a couple coming up (inc MBNA lol)

 

You want some of the 'longer in the tooth' chaps that remember the days when it was all about bank charges and putting in claims.

 

Hope you're well LC, if no one comes up with the goods i'll happily help you hunt for it.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Hope someone comes along as don`t know if Courts take their defence as being acceptable when we don`t at beginning provide signature but eventually do but not the real one!!! (Yet they state they varified it!!!) and not provided passport or driving licence how can you if you not got them? but what is the Courts attitude on this/ I say if they have been happy to send CCA and statements for years they know who you are and still in presently in touch with customer. Hope someone comes along to guide me through this procedure where are you DD lol:D

Edited by Laura Cooke
Link to post
Share on other sites

I say if they have been happy to send CCA and statements for years they know who you are and still in presently in touch with customer.

Unsure of the 'posh' wording, but that's the point - you are quite correct :) of course.

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

if you are referring to a SAR i would be careful with this argument.

 

the fact is that in many large organisations the data controller is divorced from the general running of the credit operation, indeed in many companies it is a contracted out service and often not even the same company or in the same building

 

The data controller is entitled to ensure the identity of who he is dealing with and therefore i am sure that a court will think it reasonable that he seek that proof of ID

 

there is far too much crap spoken on these threads with regards to lifting of signatures which, whilst it is harmless in itself- will get other caggers on the wrong side of judges if they waste the courts time with petty arguments as to whether they should or should not have signed/ provided id for a SAR

 

a judge who comes to the conclusion that a defendant(claimant) is nit picking and being a smart arse will not IMO be a judge who will readily accept the rest of that persons pleadings in a different light

 

All IMO of course

Link to post
Share on other sites

I took all my advice off here but my hubbie isn`t a compliant person either and if he won`t sign he won`t sign so I signed the request form MBNA stated they have varified this signature which is rubbish so where are all the cag members out there with the relevant advice for this allocation questionaire

Link to post
Share on other sites

Any advice what to do about this AQ I have had come this should not have been allocated for trial wrote and told the court that the sars have now come but asked if I might be entitled to a some wasted costs for all the work I put in can`t see why it warrants a trial it seems pointless and wasting more of the courts time

Link to post
Share on other sites

Hi Laura,

 

Have you ever called them from your number?

 

A lot of companies keep a record of the incoming phone numbers to use at a later date so it's always best to withhold any number you call from.

Link to post
Share on other sites

No I wouldn't be happy about it either!

 

Do you withhold your EX D number when calling people? Being EX D means that your not listed anywhere but I would have thought that the number is still revealed to people you call, might be worth checking just in case.

Link to post
Share on other sites

Did a N1 for my sars off MBNA they sent the paper work day after I filed N1. Wrote to let the court know that the sars had come so that the case would be at an end I asked if I`d be entitled to any wasted costs as I`d still done a lot of work on the case

 

The court have sent papers informing me case going to trial and have enclosed a defence sent to court by MBNA I`m to fill in a allocation questionaire

 

MBNA`s Defence is they saying because my hubbie didn`t send a signature they couldn`t comply with my sars request then they said because I didn`t send hubbie`s ID (passport/driving licence) they still couldn`t comply. But Hubbie has not got such ID. Hubbie brain damaged and I couldn`t get him to sign anything

 

In the end I sent a signature to MBNA nothing like my hubbie`s they said they varified the signature and then was able to send the sars but that`s not true the signature I gave couldn`t have been varified as it was mine!!!

 

Can`t understand why court as sent me a date for trial I have received the sars so I would have thought that would have been the end of the matter, apart from me requesting if I could have any wasted costs for MBNA not complying until the N1 was filed as I still went to all the trouble of doing all the research and paper work

 

Please can anyone advise what I can do as been sent a AQ to fill in

Link to post
Share on other sites

I think you all should have a look at my thread (RoyalIrish)

 

Signature Tampering

 

I just got an interesting letter from CapQuest after roasted them for forging my signaturelink3.gif on a dodgy CCA.

 

 

DD this signature tampering does seem to be a reality according to this posting off Capital One thread

Link to post
Share on other sites

putting ones baby in the microwave (this weeks paper) is a reality........as i suspect are many bizarre occurences

 

but i venture to suggest that the alleged lifting/re imposing of signatures by credit card companies in this country it is not prevalent enough to cause any concern.

 

personally i would be inclined to write to them and point out that the signature you gave them was not you husbans's but yours and and was intended, as it has done, to provide proof that they were being disingenuous and obstructive for the sake of it and that you intend putting this evidence before the court

 

ask them if they would like to re consider their position and let you know within the next 48 hours

Link to post
Share on other sites

Diddy is correct in one sense in that you providing the signature for your husband has demonstrated their position was completely ridiculous.

 

That said, providing a signature for someone else (without being granted the right to) could also land you on a sticky wicket.

 

I think the best thing to do is write to MBNA stating that you will discontinue on the basis that they meet your costs of attempting to enforce their compliance with statutory legislation.

 

If they refuse, say within 14 days, you will be pressing on with a claim for all of your costs.

 

We can see what their reply is and then advise accordingly.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...