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    • Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
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MBNA/Reston threating court action


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sorry it is ceratainly against OFT guidelines

thatts for sure

they need reporting.

 

hic:D

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Jason.

 

This at the moment is just a THREAT of court action, yes ?

 

In which case you need to send a Subject Access Request to MBNA. This will cost you £10.00. I would suggest you send the £10.00 in the form of a Postal order. Send the letter, including the Postal order by special delivery or recorded delivery mail. The company have 40 calendar days to provide you with information.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Until you receive a County Court claim then you are not able to send a CPR18.

 

By telephoning Restons or MBNA you are only making it more difficult for yourself. So stop. Keep everything in writing.

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Hi guys do u think I should send a letter to Restons not to go to court as this will be waste of time untill I received my subject access request and also CCA request that I sent to Restons... Should I put the accounts in dispute? Should I write to FOS complaining MBNA asked me to remortgage property to pay their debt? Please advise...

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Need quick advice..on my following letter should I refer to both Abbey and MBNA???...

 

To,

MBNA Europe Bank Limited

Customer Assistance Department

PO Box 30

Chester Business Park,

Chester CH4 9FD.

 

 

Data Protection Act 1998

Subject Access Request

 

Dear Sir/Madam,

 

Credit Card Agreement: xxxxxxxxxxxxxxx

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:

 

  • The original signed, executed credit agreements and any terms and conditions that applied to the account at the time of default and at the time the account was opened,

  • Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Abbey credit card and/or MBNA.

  • True copies of any notice of assignment and default notices or enforcement notice that you/Abbey sent me, with copy of any proof of postage that you hold.

  • Documents relating to any insurance added to the account including the insurance contract and terms and conditions, date they were added and deleted.

  • Details of any collection charges added to the account; specifically, the date they were levied, the amount of charge, a detailed financial breakdown of how the charges were calculated, and what the charges cover.

  • Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

  • A genuine copy of any notices of fair use of my data as required by the Data Protection Act 1998.
  • A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

  • Copies of statements for the entire duration of credit agreements.

  • Termination notices.

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in HIGH Court Law-Ezsias V Welsh Ministers – [2007] All ER (D) 65 (Dec).

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007).

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

Edited by jason_mnm
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Hi Jason heres a link to my thread on subj access info advice, I too thought better than them stalling me for the info I wanted to send a copy of proof although advice on this thread said you shouldn't need to. http://www.consumeractiongroup.co.uk/forum/mbna/203137-subject-access-mbna-debt.html

 

Copy of my subj access letter attached too should you feel it apt. I was up against MBNARestons in court in July as this duo did not want to compromise on payments I could make like other creditors have done. I am with Payplan, the judge has halted everything to them since then & sat on the case since so no news is good news for me for the time being. Your welcome to take a peek at my thread should it help you anytime....http://www.consumeractiongroup.co.uk/forum/legal-issues/185814-court-papers-help-required.html

 

Good luck in persisting with your stance, do everything in writing as per the advice you've been given and you wont go far wrong in having all your evidence to back it up should it ever get to the county court procedure stages ;)

MDAW Subject Access.doc

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Hi westie and Mark thanks for the reply. But Restons cannot get charge on the property, same was tried by Natwest to whom I owe huge amount. MBNA comes 6th on my creditors list. Hecne ther is no way Restons can get charge on the property which has no equity at all...

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In that case I am going to report to The OFT, THE FOS , The local MP and Prime Minister and Opposition Leader and the Chairman of Treasury Select Committee telling how Restons affecting people's life and to take action against them..

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Well I will win...and I have done it before... and will also get Restons reported to all respective bodies and Government Ministries for getting people life miserable by their dirty tricks...

Edited by jason_mnm
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Hi Jason,

 

Send the SAR to MBNA but don't include the statement which you suggested - if they need anything from you, they can let you know. Use this template, adapted as nec'y - http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

Send a copy of the letter to Restons pointing out that the a/c is in dispute with regard to unlawful penalty charges and they should therefore withhold all collection activity until this matter is resolved. Remind them that the OFT Debt Collection Guidelines state that they must stop collection activity.

 

As regards reporting Restons to all and sundry, wait and see what happens and perhaps use the letter (their letter which suggets you should borrow to pay them) as a bargaining tool further down the line.

We could do with some help from you

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Use the template SAR. If you want to add specifics about what you require, then do so.

 

It'll do no harm but the SAR is a letter asking for all data held about you, so no specifics should really be required.

 

:)

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Restons are not responsible for sending you any information, it is the bank. The debt has not been assigned to Restons, they are simply acting as the bank's solicitor.

Yes & dont we know that!!! My SAR was headed to MBNA anyway if you had cared to look.

 

 

Restons can be very ruthless in their approach unfortunately.

 

Yes & dont we know that!!!

 

I understand what your saying, but from my experience in dealing with MBNA in that resepect, i believe that they will have a copy of the original agreement. It is then up to you to pick fault with the agreement, whether the details of the agreement are correct ect.

 

As I said before, the debt has not been sold or assigned to Restons, they are just a firm of solicitors acting for the bank.

 

They are not responsible for sending you any information, the bank is.

 

I have known of other Abbey Credit Card customers trying the same as what you are trying to do, but have not won.

 

Mark you believe they will have copy of an agreement :idea: I dont think so in alot of cases. Restons certainly do not intimidate me and anything they want to try in my case will be challenged to the hilt....

 

Jason hope my extended info on the SAR details have helped. Might aswell ask for the lot & get your tenners worth!!!

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I must say, I don't agree that you should call Restons. Contact is better kept in writing.

 

If you DO decide to phone them, make proper notes immediately after any call so you have a written record of anything discussed. Sign the notes and add the date and time.

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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