Jump to content



  • Tweets

  • Posts

    • Hi slick!    On 22 July they said they would refund me £74.07 Theres no DD in place as my membership was a once off payment in November last year.  Hi Dx,    I paid through PayPal last year as a one off payment. 
    • I'm trying to understand it all but I certainly tend to agree with my colleague @dx100uk that it looks as if you may have been taken for a ride. You found an advertisement for a bag on an online sales site. Instead of going through the established procedure of that site, which presumably allows them to recover a commission from the seller you started dealing directly with the seller who is an unknown person to you and of course that allowed the seller to avoid paying the commission. At whose suggestion was it that you went off-site? You then pay by PayPal but instead of logging it with PayPal as a payment for a purchased item, you tell PayPal that it was actually simply a gift or transaction between friends and family. This also allowed the seller to avoid paying a PayPal fee on the money. At whose suggestion was it that you paid in this way?       I don't say that you definitely have been scammed, but it doesn't look very good. This is how it might have happened: after you agreed to take the transaction off-site, so you lost the protection of the established system – and the seller avoided the commission and also avoided the sales site knowing that they had sold their item, you then agreed to pay the seller some money – but not for a purchase – simply as a gift. This has two consequences. Firstly, the seller avoids a PayPal fee and secondly, because PayPal has been misled as to the purpose of the payment, you lose the protection of PayPal if it turns out that you've been scammed or there is some other problem with the transaction. The seller then apparently sent you the parcel and they sent you pictures of a package with your address on it. Separately they sent you a Hermes tracking number – but there is no evidence that the package was actually posted to your address. The seller might simply have taken a picture with your address and sent that to you by way of reassurance – and then changed the label and posted the parcel to themselves but sent you a tracking number which is inaccessible to you and in respect of which you will be prevented from getting any information. All you've seen is a parcel with your address on it. All you've been given is a tracking number which satisfied you for a while until the parcel did not arrive and then when you started to make enquiries, you found that you were unable to access any details referring to the tracking number. Of course the tracking number says that the item was delivered – because maybe it was – but in that case it was delivered to the address on the parcel which might have been the seller's own address – or the address of a friend. I don't want to say that this is definitely how it happened, but it is a plausible scenario. Of course Hermes is an awful lot of parcels – but on the other hand I expect that most of the parcel is that going to Hermes hands are delivered successfully. We only get the bad stories on this forum. I can imagine that Hermes rate of successful deliveries is better than 97% because otherwise people wouldn't simply just hate them, they would go out of business.   We can help you bring a complaint against Hermes if you want. However, on the basis of what you say, the odds are stacked against you but it would be useful to try and find out the address which was associated with tracking number. As far as your apparent willingness to travel hundred and 50 miles to ask for your money back, don't bother. If you did actually go there, are you sure that the seller actually lives at the address that you have been given? What evidence do you have that? Of course if you found that the seller didn't reside at that address then it is slamdunk that you have been scammed. But then what are you going to do? You can try to inform the police but of course it won't get you anywhere. You can inform the sales website – but they will say that you brought it on yourself because you agreed to go off-site. You can inform PayPal – that they will say that because you sent the money which was calculated to avoid their fees, you have lost the protection. If you travelled the 150 miles and found that the seller did reside at that address, do you really think that they are going to hand your money over to you? If they are acting dishonestly then they will simply say that it is nothing to do with them, that they addressed it all correctly and they don't understand what has happened and that this is simply Hermes up to their old tricks. What are you going to do? You simply risk getting into a very nasty argument and depending on how bad it went, you might even find that the police are called and I'm afraid that they would be looking at you – not the seller. Maybe you can answer the questions that I've post above as to who it is who initiated the various ways of doing business.    
    • The legal campaign's going well then. The recount in Wisconsin gave Trump more votes but Biden even more, at a cost of $3m. And a donor to the organisation bringing the failed cases is suing to get his $2.5m back.   https://www.theguardian.com/us-news/2020/nov/28/joe-biden-gains-votes-in-wisconsin-county-after-trump-ordered-recount
    • Yes Unicorn feed tax again, can't sue the keeper for more than the Original Charge, so any additional Debt Collection fees aka the £60 they add is abuse,iof process as per HHJ Harvey at Lewes county Court What lookedinfroinfo is indicating is that the main signage on entry and dotted around is merely an " Invitation to Treat", not the offer, the Offer and Acceptance occurs at the payment machine, so wording there is key.
  • Our picks

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


Please note that this topic has not had any new posts for the last 3258 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

diddydicky I`m quite happy to leave things just wanted someone to tell me that this was ok to do want to do things right they had gone quiet then I sent for sars. The same day as they write and tell me they cannot oblige without signature and proof of identity eg passport/driving licence they send my hubbie his first default

Link to post
Share on other sites
  • Replies 321
  • Created
  • Last Reply

Top Posters In This Topic

diddydicky I`m quite happy to leave things just wanted someone to tell me that this was ok to do want to do things right they had gone quiet then I sent for sars. The same day as they write and tell me they cannot oblige without signature and proof of identity eg passport/driving licence they send my hubbie his first default

 

post it up and lets have a shuftie (minus personal details)

Link to post
Share on other sites
Will send letter for mbna not complying to the sars. They have not complied to my cca request to the 2 accounts my hubbie as with them either I sent it in November they only sent 2 application forms one from 2005 had prescribed terms on back (but no reference on the front to that and they looked liked they`d been added to the bottom of the page at the back.) The 2003 aplication form had terms on front down left hand side but had clearly been cut and pasted to there (fraud) what letter should I send? if any at all

 

laura I have a similar agreement to your 2003 one and I have a copy of the original from application date. You are correct in that that there are two different addresses but my application/agreement form had everything on the one page. Just wanted to let you know, using words like fraud can get you into trouble if used incorrectly. Not trying to be obstructive, only helpful.

I'd be interested to know what advice you may get re placing the account into dispute given that the page is probably genuine.

Link to post
Share on other sites

Hi wrungout yes all terms on front page but the left hand side cannot belong to right hand side when it has 2 different addresses the left hand side as been added yours might be the original but it still doesn`t add up as how can the left show an address different to the right hand side? you can`t post yours up can you? another poster had one same as mine and hese won his case at court recently against MBNA

Link to post
Share on other sites
Hi wrungout yes all terms on front page but the left hand side cannot belong to right hand side when it has 2 different addresses the left hand side as been added yours might be the original but it still doesn`t add up as how can the left show an address different to the right hand side? you can`t post yours up can you? another poster had one same as mine and hese won his case at court recently against MBNA

 

Hi again, all I'm saying is that I have a similar format to yours (and Gazza's) but I kept a copy of the original agreement so I know it isn't a pasted job. I also have two different addresses on mine. So that in itself doesn't necessarily make it a pasted job. Please be careful before levelling any accusations of fraud, in this instance they may be unjustified. Right click my name and you'll find my thread with the agreement.

I'll have to go back to Gazza's thread, can't remember how he won his case.

Link to post
Share on other sites
Hi again, all I'm saying is that I have a similar format to yours (and Gazza's) but I kept a copy of the original agreement so I know it isn't a pasted job. I also have two different addresses on mine. So that in itself doesn't necessarily make it a pasted job. Please be careful before levelling any accusations of fraud, in this instance they may be unjustified. Right click my name and you'll find my thread with the agreement.

I'll have to go back to Gazza's thread, can't remember how he won his case.

 

accusations of fraud are unjustified at any time with relation to these matters and will not win you the "judge lottery"

 

to my knowledge, no one has ever proved a case of fraud against a creditor in these matters

Link to post
Share on other sites

Hi All

 

I think your find that why there are two differant addresses is one is a regerstered address for the company and the other one is there trading address.

The reason i won my case was they never put the AQ's in on time allthough the Judge gave them more time to submit there paperwork.

The case in the end was struck out, which i then put in a claim for wasted costs. I have received back from the Courts today confirming that they need to pay by the 1st February costs of £685.00

 

Gaz

Link to post
Share on other sites
Hi All

 

I think your find that why there are two differant addresses is one is a regerstered address for the company and the other one is there trading address.

The reason i won my case was they never put the AQ's in on time allthough the Judge gave them more time to submit there paperwork.

The case in the end was struck out, which i then put in a claim for wasted costs. I have received back from the Courts today confirming that they need to pay by the 1st February costs of £685.00

 

Gaz

 

Hi Gazza, thanks for the clarification on your case and well done on the costs.

Can you remind us what your main defense points were going to be with regard to your Ryanair account, was it the agreement itself or defective DN or suchlike??? OK you're right, I'm off to re-read your thread!!!

Link to post
Share on other sites

Didn`t mean to upset anyone with the fraud term just my own personal term read a lot of threads and that is basically what as been going on with a lot of the creditors be different story if it was a debtor doing same, other things are on my terms such as advising you to read certain numbers on the terms that don`t even show anywhere

 

In this day and age a lot isn`t what you know it`s who you know and it frustrates me how much underhandness goes on if i can call it that instead lol

Edited by Laura Cooke
Link to post
Share on other sites

Well done Gazza pleased on your outcome but puzzled about my application now from 2003 what was your defence on the agreement? as it`s same as mine this refering to terms 11 and paragraphs 4 on mine when nowhere to be found as me

Link to post
Share on other sites
Well done Gazza pleased on your outcome but puzzled about my application now from 2003 what was your defence on the agreement? as it`s same as mine this refering to terms 11 and paragraphs 4 on mine when nowhere to be found as me

 

 

Hi Laura

 

Your find that i never put in a full defence for my case, as CL Finance/Howard Cohen never sent me any paperwork through so i couldn't defend any of there allegations.

 

I did file this defence and counterclaim with the Courts.

 

My defence and counterclaim will include the following main points. Please note, further points can and will be added on receipt of the information requested above:

 

1. MBNA has sold you this account unlawfully due to their continuing default of my request under Section 78 of the Consumer Credit Act 1974. This is because they have never supplied to me the terms and conditions applicable at the time the account was opened.

 

2. The default notice sent to me by MBNA is invalid as it contains penalty charges and interest unlawfully applied to the account. This means that the next step of Court action cannot lawfully be taken.

 

3. My reputation has been damaged by the unlawful entry of this default on my credit reference file.

 

4. Your claim in the County Court is an abuse of process in light of the above and I will ask the judge to strike out your claim in my defence.

 

5. The case of Wilson vs. First County Trust clearly sets a precedent that the creditor loses all rights under an agreement if they do not comply strictly with the requirements of the Consumer Credit Act 1974.

 

6. The case of Kpohraror v Woolwich Building Society shows clearly that substantial damages can be claimed for injury to a person’s credit rating, without the need to demonstrate any actual damage suffered. The amount awarded was £1,000 and I shall be

claiming this amount from you.

 

 

7. The case of Woodchester vs. Swayne & Co demonstrates that the Court cannot enforce an agreement if the specified steps in the CCA 1974 have not been correctly followed prior to any Court Action. In this case, the lack of a correct default notice and the unlawful terminating of the agreement will render the Courts unable to enforce this alleged debt.

 

Please do not claim that you are not the creditor and therefore not liable for these claims. Section 189 of the CCA 1974 states:

 

“creditor” means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor.

 

This clearly applies to you and shows that you are now the creditor in this matter.

 

Furthermore, please do not claim that these requests should go to CL Finance as you are only acting for them. I point you to Section 175 of the CCA 1974 which states:

 

175 Duty of persons deemed to be agents

 

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

 

Therefore you are responsible for actioning these requests.

 

I would still hope to resolve this matter amicably and without the need for court intervention, but do not feel able to do this whilst your claim remains with the Court. Should you withdraw this action, and give me written notification of such, then I shall discuss a possible settlement of this alleged debt with you. This will NOT include:

 

1. Your costs for the application to Court.

 

2. Any fee for your services.

 

3. Any interest applied to the account whilst MBNA has been in default of my Section 78 request.

 

4. Any charges applied during the same period.

 

 

I shall also expect a substantial discount on any amount left. CL Finance will have bought this account for a fraction of the amount claimed, and I have been distressed and inconvenienced by your actions and the actions of MBNA. Any offer will be made strictly without prejudice.

 

I await your response and, in any event, the information formally requested above.

 

Yours faithfully

 

 

 

 

Gaz

Link to post
Share on other sites

Thanks for that Gazza hubbie as received a Default notice for one of his two accounts with MBNA it`s dated 11th it came on 15th and it has to be remedied by the 28th January any comments please

 

Also when people send for the sars and the creditor keeps stalling as you have not provided a signature I would assume that this cannot then put the creditor in default? as a signature is one of the conditions of the sars? is this the same with the cca request? if it is neither of these would be in default would they? on the basis you haven`t provided a signature

Link to post
Share on other sites
Thanks for that Gazza hubbie as received a Default notice for one of his two accounts with MBNA it`s dated 11th it came on 15th and it has to be remedied by the 28th January any comments please

 

Also when people send for the sars and the creditor keeps stalling as you have not provided a signature I would assume that this cannot then put the creditor in default? as a signature is one of the conditions of the sars? is this the same with the cca request? if it is neither of these would be in default would they? on the basis you haven`t provided a signature

 

Hi Laura

 

Yes, they've still not let you anough time to remedy as i think without looking at my default notice. It says on or before the remedy date, so your would be the 27th January.

 

I'm not to sure about signature, as i think there's been a recent amendment to this. But do what i did with one of mine when they asked for a signature and that was to put a load of X's though it.

In that way they can't lift it if they needed to try.

 

Gaz

Link to post
Share on other sites

I wrote to MBNA on 11th November for my hubbies cca`s for his 2 accounts with MBNA. They sent me application forms back with up to date terms and conditions I wrote back on 8th January stating that they had not complied properly to my cca request for the 2 accounts held with them today my hubbie as received identical items from MBNA to the one`s they sent in November for just one of the accounts the 2003 one (The one with the terms down the left hand side on the front)

 

Yesterday my hubbie received a default notice for the 2005 account that had terms added to the back page at the bottom with no reference on the front to this advice please

No default been received for the 2003 account but back in August did get a "Default Notification" for the 2005 account whatever that is it said on it in bold letters "It`s not too late to prevent termination of your agreement"

Link to post
Share on other sites

Hi Laura

 

Your find that the letter's you have received is the exact same letter's that i and many other cagger's have received from these muppets.

The reason there not sending the original, is probably that they haven't got one.

There is only one thing they said which is true and that is THey will terminate your account.

 

Gaz

Link to post
Share on other sites

So now what happens about the cca request to MBNA as they only repeated what they sent me in first place and they seem to be only concentrating on one account not both of them?

 

The Sars when creditors don`t send that after the 40 days as gone because they state they want a signature what happens with that? many on the site say send a signature ets it`s not that simple they want the exact one and to confirm that they want to see a passport or driving licence, I appreciate people on the site stating you under no obligation to do this but the fact is the creditor isn`t forwarding these details until they get them so what can you do?

 

All creditors ask for the same items MBNA are the only one`s so far that have sent anything others just sending letters stating they can`t without proof of who my hubbie is and a signature so I keep reporting them to ICO which is probably a waste of time and sending them letters as recommended off the site pointing out I don`t have to send these documents they request but I`m at a stand no paper work being sent it`s so frustrating

Link to post
Share on other sites

Thanks Gaz people on here say they are both a waste of time I think the amount of court cases/claims is giving them too much to do and they can`t cope same with courts I think they`ll cange some laws soon to limit action by consumers? you can`t advise on my Lloyds Tsb thread can you no one come back to me

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...