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    • 05.05.24 Ever so sorry if I have entered this in the wrong part of this website.   My grandfather is in his 70's and retired.  He asked me to help him find a work pension that he was paying into when he was working. From 1967 - 1982 he worked for a Fabric Dying Company, Celanese, Spondon Derby UK. I have already used the GOV.uk Trace Pension Scheme. It listed a few pension companies : Akzo Nobel (CPS) Pension Scheme formerly Courtaulds Pension Scheme.  I do not fully understand how this works but I think this scheme is administer by a company called Willis Tower Watson. We have called this company, got through to the pension department submitted all my grandfather's details (D.O.B. , N.I. no. etc.) but that agent tells that they have no record of my grandfather and ask what is the name of the pension scheme. Here is the problem, his home was burgalled in 2005 and a briefcase which contained his legal documents was stolen. So he does not know who was the Pension Scheme company. I have a this phone number 01332 681 210 for Celanese but it just rings and never gets answered. So I am asking for help if anyone can tell us where we can try next. I am also hoping for a massive long shot that one of them members on this website, worked for or knows someone who worked for British Celanese Spondon Derby and could tell us of any pension company. Thanks for any help.
    • Well I sent them the letter of claim, the only responses so far was a few emails reopening the claims on the parcels where they asked for information such as proof of value (which I get) but other things like photos of the parcels, which I haven't got as I never took photos of them. It's been well over the 14 days since I sent the letter now anyway, so what do you think I should do now?
    • Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin
    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since the only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept and comply with their offer and to give them the time to go to option (3) if he declines or ignores it.  Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still heard nohing, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism in these circumstances  to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me.  I think I've answered all your questions but if I can help further just let me know. Just a tip - if you are offered a fixed penalty be sure to submit your driving licence details as instructed. I've seen lots of instances where a driver has not done this. There will be no reminder and no second chance; your £100 will be refunded and the police will prosecute you through the courts.
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Parallel MBNA/EC/Varde - CCA enforceable?


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Some of you may be following 3 separate MBNA/Experto Credite/Varde threads -here's another to add to the mix. Same story as M&M, HeftHippo and PumpyTums. After EC stated their Client (presumably Varde at the time) refused an F&F from me, I decided to CCA request them. More than 50 days later, I got my 'CCA' (liks to view below).

 

I'd appreciate it if someone can confirm enforceability please?

 

http://i789.photobucket.com/albums/yy175/tranders/cca/cca1.jpg

 

and

 

http://i789.photobucket.com/albums/yy175/tranders/cca/cca2.jpg

 

Many thanks

 

T

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i feel it is unwise after the recent court cases to go down the line of hiding behind a possible unenforceable cca.

if you HAVE had the money, esp more so.

 

it is much better to hit the oc's with reclaims for unlawful charges+int & p'haps mis-sold PPI? first.

 

that might stop them wriggling?

 

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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i feel it is unwise after the recent court cases to go down the line of hiding behind a possible unenforceable cca.

if you HAVE had the money, esp more so.

 

it is much better to hit the oc's with reclaims for unlawful charges+int & p'haps mis-sold PPI? first.

 

that might stop them wriggling?

 

dx

 

No intention of hiding, dx. Just want to know - every little bit helps. I'm open to all ways of ensuring that I treat fairly (bear in mind I went down the route of negotiating and was rejected - on the phone - no written rejection, reason given, the EC account manager stated they never put rejections in writing).

 

I have a payment agreement in place with EC which I intend to continue honouring unless there are grounds not to. At this point in time I don't know whether I have grounds.

 

T

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I received a stack of monthly statements (copies, of course) today and an interesting nugget came out of it.

 

I had been perplexed by the fact that my account number appeared to have changed. Reading through the statements, it became clear that when the OC sold the debt off, the OC opened a new account through which the sums involved were siphoned off.

 

so:

Acc. XXXXXXXXXXXX - balance £X - the original

 

then suddenly the statement changed to:

Acc. YYYYYYYYYYYY - balance £X, with a transfer from acc XXXXXXXXXX then through some jiggery pokery becomes balance £0 with a buy back of £X.

 

From that point on, the statements all show acc YYYYYYYYYYYYYY

 

EC all quote the new Acc number YYYYYYYYYYY - which, oddly enough, shows a balance or 0, or in fact credit.

 

T

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lol. Got my CCA today too (from EC). Is yours a quarter of both sides of a page?

 

 

EDIT - just seen it above - same as mine. Will post mine up tomorrow, one of us will get an answer ;)

 

M

Edited by MandM
typo

 

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  • 2 weeks later...

I too have received communication from Experto quoting a different Account Number than the original MBNA account.

 

Have now received a letter saying that due to a techincal error on their systems they have been corresonding with an internal account reference number that I might not recognise.

 

Then go to to say "Our legal advisors have directed us to communicate with you using the correct account number allocated to you as it relates to the original credit agreement"

 

 

The agreement number on the letter is now the original MBNA account number.

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

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When I sent SAR to MBNA my acc had changed number after it had been sold off. My belief is that by changing account number they than then keep your details on for another 6 years! I contacted the ICO over it, as MBNA had sold my account 10yrs ago but still had all my details on file, the account number had changed after 5 1/2yrs and looked like it had only just been sold on. The ICO came back and said thay were entitled to keep the data for as long as they (MBNA) felt was necessary as long as they were not treating my data differently to others!!!!

 

When I queried the example in the ICO letter of industry standards being keeping data for 6yrs after last use of account, I was told that is not set in stone and in effect it can be kept indefinately.

 

Hence my thoughts as to why they change the account numbers.

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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Can anyone tell me whether a valid credit agreement must be signed by both myself and the OC to be a valid and enforceable document?

yes

 

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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Thanks,Cerbs - as I mmentioned in a previous post, I've got no bones about apying, but I'm not happy with the shenanigans of both MBNA and Experto Credite in the way this has been handled. This at least gives me the opportunity to keep haranguing them whislt still keeping them dangling.

 

So now I send a "serious dispute" letter and continue paying my monthly payment as a gesture of goodwill.

 

Waiting for my MBNA SAR so I can investigate further.

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  • 2 weeks later...

Well - finally received my SAR from MBNA (7 days shy of date due) and am disappointed that they haven't complied with my full request.

 

Missing:

 

  • Notice of Default
  • CCA (got same sheet as one EC sent which is an application form)
  • Notice of Assignment

I did get Transaction logs, Custome Info System logs and some screenshots that seem totally useless to me.

 

The transaction logs are interesting. I haven't photocopied a couple of pages and put them on photobucket. I won't put the links here since even with sensitive info blanked, I reckon a seasoned DCA or MBNA mole can identify me if they want to go to the trouble of doing so. There are some people on here that I would trust and I would appreciate a PM from if interested in seeing them - could use your advise.

 

What I will say is that it shows that they issued (and posted) the NoD on the 7th, and it states in the log that the expiry date is the 24th. I make that 4 days posting (2nd class) + 13 calendar days - 1 short of the 14 I'm supposed to get (BTW - is that 14 working or calendar days? I assume it's calendar).

 

What's really interesting is that on the 18th, it shows they sold the account to DCA1, bought it back on the 22nd, then sold it to EC (not Varde as EC stated in their letter informing me of sale) on the 28th.

 

Is this recission of contract? Doesn't state absolute or equitable - just SOLD in both cases.

 

Haven't got my Varde letter to hand so can't check what date EC send their assignment letter at the moment.

 

Anyone have any thoughts or advice?

 

T

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Guest HeftyHippo

in the same boat.

 

i'm not sure whether to proceed as if the debt was SOLD like 2 letters say it was, or see if a full answer can be obtained.

 

if there's stuff missing from your SAR. write back and tell them its not complete. give them a couple of examples so they can't just say it all there. and tell them to send you everything, and not just for the last 6 years, or to explian why they haven't send it. the DN is a example. If they didn't send it why not, same with the agreement, get them to either send it or say they dont have it. black or white. remind them the clock is still ticking, and the 40 days is for them to send everything, not the first bit.

 

they treat us like fools, going through the motions expecting us not to notice

 

they didn't send me anything for 2 accounts I held!!

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  • 3 months later...

So - has anyone else received a missive from EC asking you to call them with regard to their fantastic one off offer which ends this week?

 

Since I haven't actually received any such offer, I think I'll resist the temptation to call.

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I have 2 accounts ''sold off'' to EC/Varde, but havent heard a thing for at least a couple of months. The DNs were faulty, but I dont know if I should send the letter accepting illegal rescission because I'm still not sure if the sale was equitable or absolute. If I write and ask Varde, are they obliged to tell me?

 

BF

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My DN was short by one day, but SAR confirmed that sale made prior to remedy date and EC letter confirmed it too.

 

Once I had this proof, I sent Unlawful rescission letter to MBNA and confirmed to EC that I had accepted UR.

 

Not sure whether it matters if sale was equitable or absolute so can't help with that.

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My DN was short by one day, but SAR confirmed that sale made prior to remedy date and EC letter confirmed it too.

 

Once I had this proof, I sent Unlawful rescission letter to MBNA and confirmed to EC that I had accepted UR.

 

Not sure whether it matters if sale was equitable or absolute so can't help with that.

 

 

Thanks Dotty, I thought the sale had to be absolute before you could accept the rescission, but I may be totally wrong on that.

 

BF

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