Jump to content


  • Tweets

  • Posts

    • Thank you to you all, you guys are amazing!! Yes of course i will be making a donation, i am very grateful to you all. Keep up the good work
    • I'm not quite out of the woods yet. The email they sent me also said that I have £290 of arrears and it has been passed onto their collections department. If anything my account should be £10 in credit.  They haven't taken into account the trainers that were returned back in October. The other items have been credited to my account so it looks like I've still got work to do.  They are not very quick to reply to emails, although I've only sent one trying to find more information, and I have no idea what happens next. Half of me want's to get it sorted properly the other half just wants it over with, if that means a default then so be it. 
    • No. It's a public (council maintained) road with some houses in it.   Some other houses back onto it too and those owners have right of way down the road to access the back of their properties.  Theres a few garages with private osp - so one drives out the garage, over the osp, and onto the public side road and then out on to the public main road.  Irrespective of whether the garages are used - the local businesses parking their cars on the private osp are ostensibly preventing cars from accessing the public roads.
    • is the side street solely for access to your garages? who owns the land and thus the road? dx  
    • A local business has been parking on an off-street parking space in front of my garages (in a side street).  I wasn't using them for a while so didnt bother to do anything.  But now a second local business is also using the osp - taking it in turns with the 1st biz.  This has started to nark me.    The employees choose to drive to work.  There is no private parking in their business's street.  But there are some underground secure garages in their street - which cost apx £2.4k/y to rent - which works out apx £6.60/d. (I believe one of the biz owners already rent one for storage purposes).  If the employee had to park on a meter it would cost them £6.60/h - £66 for 10h and have to move every 4h.  They just don't want to pay for parking. I haven't confronted either of them.  Instead I just put 2 clear "no parking" signs in front of the garages. And a note on one of the cars specifically saying that as they don't live or rent in the street and it's private land could they stop parking.   They ignored that.  And just put notes on their dash with a # to call if one needs the car moved.  There is a sign and they've been told in writing to stop parking. And they are just ignoring it.    I don't what a confrontation.    I don't want to go to the expense of bollards (other than maybe traffic plastic ones - but they'll probs just move them).  Council won't do zilch cos it's private land. And police won't get involved - unless I clamp/ tow the cars and then they'd be after me, not the drivers!    What's the best thing to do?
  • Recommended Topics

  • Our picks

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

flowerchild V MBNA PPI + Charges reclaim


flowerchild
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5047 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

Hi Dotty & Flowerchild.

 

Remember DCA's never sleep.

 

I agree with Dotty on the DN it is better to wait.

 

There is a good possibility that they will get it wrong as usual and then you have a much better advantage at a later stage.

 

With all the DN's my family have had from MBNA not 1 of them is Enforceable.

 

I know the calls are a pain but to be honest after a while you will get to a stage where you will get used to the numbers and not answer, I am at the stage now where if I dont recognise the number I dont answer, if it is important they will leave a message.

 

All you need to remember is if these people had brains they would not be working for Debt agencys. :)

 

Link to post
Share on other sites

  • Replies 64
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

MBNA went very very quiet on me when they bought my account from Bank of Scotland. I despise the company so I demanded to see evidence that I had agreed to the selling and or transfer of my details to another company. Apparentely they claimed it would have been within the Credit agreement, except I didn't sign one....they took forever to get hold of an application form.....I challenged it.......even challenged through the fos.......heard nothing since.

Might be worth you looking into that side of things.

Link to post
Share on other sites

Mind you MBNA are in the call centre where I used to work literally a 2 min walk from me :D

Although I never worked for them they took the rooms that British Gas used to occupy who I did work for.

Edited by blackambermay
Clarification
Link to post
Share on other sites

MBNA bought my account from A&L when it went to Santander, I remember them sending a letter saying so, just around the time the intere$t rate$ went thru the roof (what a coincidence! :rolleyes:)

 

I sent CCA request 2 weeks before Easter Monday, given there was the Easter break in between, how long should I wait before sending a reminder? Should I send one at all or just wait for one of their letters and reply saying they haven't produced the requested CCA?

 

Thanks again!

Link to post
Share on other sites

Good news, after nearly 2 years of a complaint with the FSO we get our PPI back because of misselling! Furthermore on that I took MBNA to court last year because of credit card charges and they settled out of court. Of course they thought that even 12 Pounds charge was ok for them but I took them a second time to court for the 12 Pounds per charge and got EVERYTHING back from them.

Link to post
Share on other sites

They have 12+2 working days to reply, did you send it recorded delivery, if so, have you checked the royal mail website for proof of signature?

 

I've got a 'secure' delivery pending from a company called DX -anyone familiar with it? They left a note yesterday afternoon, 5 mins before I got home, rang them up to reschedule but won't be able to be here till Tuesday, not sure whether it's from MBNA or RBS so I'd better wait...

Link to post
Share on other sites

Good news, after nearly 2 years of a complaint with the FSO we get our PPI back because of misselling! Furthermore on that I took MBNA to court last year because of credit card charges and they settled out of court. Of course they thought that even 12 Pounds charge was ok for them but I took them a second time to court for the 12 Pounds per charge and got EVERYTHING back from them.

 

Are there any tips you can share regarding your PPI claim? How far back did you go on the monthly PPI payments?

Link to post
Share on other sites

The PPI came with the credit card and I think it went back to 2005. PPI is very complex I think and it depends on the individual case.

If you let me know some details I might be able to suggest something although I am not a lawyer.

 

My card dates back to the 90s (A&L till the $hark$ bought the accounts last year), I think you had to take PPI back then, it's been such a long time I don't remember very much, have requested CCA and SAR. PPI has been charged throughout the life of the card, up to £45/mth at the latest count :evil: yet when I asked to make a claim due to unemployment MBNA gave me the run-around for months, then gave me the address of an insurer in Ireland who never reply to my letters. I've heard you can only go back 6 yrs but some people here say it's not necessarily the case. Although not always as high as £45/mth, you can imagine the amount of PPI charged over 15 or so years...

Link to post
Share on other sites

Its getting difficult if you do not have the signed policy anymore as the company only keeps records of 6 years as far as I know. One possible way is to ask the provider when you made the claim if they have any records of the originals. Apart from that I do not think its going to work in your case as pretty much is not the original sells policy, that you don't seem to have anymore.

Link to post
Share on other sites

PPI was, in some instances made to appear to be a condition of being given the credit card/loan, which makes it a mis-sold product, if that was what you were told at the time of the application.

 

The 6 year limit is not correct, as I understand. I am presently trying to get it back from Crap 1 from 2001.

 

Have a look in the PPI forum, that will give you some guidance.

Link to post
Share on other sites

MBNA keep getting their call centre to ring and sending me letters but so far no CCA, I guess it's time to send the reminder letter, should it also be recorded?

 

If you can afford it then do EVERYTHING recorded with these jokers. If you're in court with this lot a year from now then all that is left by then is your paper-trail to rely on.

 

M

 

Link to post
Share on other sites

If you can afford it then do EVERYTHING recorded with these jokers. If you're in court with this lot a year from now then all that is left by then is your paper-trail to rely on.

 

M

 

I don't deal with them over the phone, just in writing, but that hasn't stopped them from ringing on a daily basis. I recognize the number and don't answer the call, I googled the number the first time it came up and found it belongs to a call centre in India used by MBNA!

 

Earlier on today I just kept rejecting the calls on my mobile, they rang back a few more times but didn't get through to me!

Link to post
Share on other sites

Know how you feel. MBNA were relentless with us. It was a relief when they finally sold the account on!

 

If you can afford it then the Truecall system will stop them in their tracks. I think it's about 60 or 70 quid but those that use it swear by it

 

M

 

Link to post
Share on other sites

Flowerchild,

 

It is good advice to send everything recorded delivery.

 

It took them around 8 months to respond to me after sending a complaint in to them and they denied receiving the CCA request and copies of request and various other letters.

 

I have proof of signature for all the letters, however not responded to them yet!

 

Apart from accepting their unlawful rescission of the account.

Link to post
Share on other sites

Received letter from the $hark$ this morning explaining why they haven't been able to respond to my CCA request, apparently it's got to do with the account being bought from another lender! Given that they've bought so many UK CC accounts, you'd think they'd have everything... they've never had a problem finding out how much the balance was and charging interest on it!!!

 

It's not even signed by anyone in particular and they're providing links to all sorts of debt organisations, including PayPlan, which I've noted is supported by the lenders themselves, including MBNA!

 

Should I reply saying that they still have to provide the docs in order to make the debt enforceable?

 

Thanks again!

 

Dear ***

Account: ***

We apologise for the delay in responding to your request made under Section 78 ofthe Consumer Credit Act 1974 ("the Act"). We will write to you regarding your request in due course.

We note that your account was acquired from another lender some time ago. As such, we need to obtain documentation from that lender; as soon as this is received we will forward it to you.

In the meantime, you should continue to make payments to your account. We believe that this is consistent with the legal position (as recently confirmed in the case of McGuffick vthe Royal Bank of Scotland pic) that, even in circumstances where a lender has not yet complied with a request under the Act, the lender can continue to demand that payments be made to the account, and any arrears will be reported to Credit Reference Agencies and the use of any card{s) may be withdrawn.

We acknowledge that some of our customers, even when they borrow responsibly, can fall into financial difficulty when circumstances are out of their control. We are committed to helping our customers get out of debt as quickly as their circumstances allow, and various repayment options can be discussed with our debt advisors on 08000280690.

The Consumer Credit Counselling Service (CCCS) provide a free on-line tool, the CCCS Debt Remedy, which can tailor advice depending on individual circumstances. Details of how to contact them, and other agencies are detailed below:

Consumer Credit Counselling Service

CCCS | Free debt help and debt advice from the UK's leading debt charity

Call Free: 0800 138 1111

Citizens Advice Bureau

www.nacab.org.uk

National Debt Line

National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

Call Free: 0808 808 4000

Payplan

Free Debt Management Plans, Free IVA Debt Advice and Free Debt Help | Debt Advice | Payplan

Call Free: 0800 917 7823

Money Advice Scotland

bankruptcy advice debt consolidation iva at moneyadvicescotland.org

Call: 0141 572 0237

Yours sincerely

NBNIIEBL

MBNA Europe Bank Limited

Link to post
Share on other sites

  • 3 weeks later...

My CCA request was met with a letter saying as they had obtained my account from another lender, it would take them some time to obtain it. As it's been over a month, I've sent them the 'account in dispute' letter from the templates library.

 

My SAR request was met with a timely reply consisting of endless computer listings including some about the 'collection process', where they started by calling my work number (where I haven't worked since 2003!) but the most amusing (and amazing!) bit is the cover letter they sent with "my T&Cs" (such as they are), where they remind me of the 'fantastic features of my account' (I've never even registered for the online facility).

 

There's no CCA signed by me (not even an application form) and the enclosed photocopy has my current address, where I've only lived since 2007 (card was taken out in mid 90s!). There's no mention of PPI that I can see... The whole lot, including DN, can be seen here: MBNA TandCs pictures by flowepower2010 - Photobucket

 

:?: Surely they can't claim the debt is enforceable when they can't even produce a single bit of paper with my signature. Would it be a good idea to make a PPI refund claim or just carry on with the 'account in dispute' position due to lack of any CCA?

 

Thanks again!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...