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    • Well, it's up to you, but I would consider two things.   1.  If you wanted to give in, the time to give in would have been at the start.  They're now suing you and if you pay now you'll have to pay their costs, and if it goes to a court case and you lose you'll have to pay their costs, so in a sense you might as well continue the fight.   2.  Although you were "in the wrong", it's perfectly possible that NCP don't have planning permission or sent out their demand too late, or will simply discontinue if you put in a robust Witness Statement.   Meanwhile I've tweaked the defence a bit, see if others agree or disagree.   1.  It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract.   2.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.   3.  It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability.   4.  I believe that the claimant did not obtain planning permission granted for signage etc under the Town and Country Planning Act 2007.   5.  The Defendant has added additional amounts to the claim to try to circumvent limits on legal costs in an abuse of court procedure.  
    • I ordered a new computer last week online and it was faulty so had it replaced yesterday. This was also faulty so I had another replacement sent out today!   While I was negotiation either a refund or a replacement they asked me if I wanted to order a different one, so I had a look around the website but couldn't decide in the time I had so I just went for another one the same.   The delivery guy just turned up to take away the old one with a replacement AND the alternative one I was looking at!   So I took both anyway, because I'm still actually in two minds as to whether I want to stick with the original computer or go with the alternative, which might be more reliable because it's a more established company.   They didn't ask me for any credit card details so as far as I am aware so far they won't have charged me for the extra computer. Would they need to take my details again or would it go through automatically?   Am I within my rights to keep both if they've made a mistake and don't charge me?   I don't want to come across as dishonest, but well:   1. I've spent the past week setting up two computers, trying to fix things only to end up having to go through it all again today and this has been a huge waste of my time and a lot of stress (time is money) 2. I decided to just take both primarilly because I saw the box for the alternative and it looked nice and I thought I could just take both anyway and then decide which one to open and keep (because I'm guessing if I have been charged both to my card and I open both then I've got no legs on so far as a return is concerned)   Anyone got any consumer advice on what legs I have to stand on and what I should or should not do at this point?
    • Around the time I used that carpark quite frequently and would always pay on the App. I don't often carry change and the pay machines there were notorious for not connecting for card payments - NCP always blamed Vodafone's coverage.     If my dates are correct, I had a new staff member with me on that day and we were headed for lunch. I was also in a hire car. As the hire car wasn't registered to the parking App I think it's highly likely I intended to pay for the parking when sat down for lunch but ultimately failed to do so.
    • I imagine there must be some book somewhere which describes exactly what each particular service interval should comprise. Are you able to get hold of that?
    • I don't think you need any further inspections for the moment. Of course what would be interesting to see would be the mechanics report which was prepared for the finance company. Although the inspector has apparently said that the problem was as a result of "fair wear and tear", they don't actually say what the problem was. How long ago did they promise you the copy of the report? I wonder if they will really provide it to you. Just in case it suddenly doesn't arrive – I would send them an SAR. Do it straightaway doesn't cost you anything and there's nothing to lose. As I hope you understand now, fair wear and tear has nothing to do with it. If the car hasn't be properly serviced and that is a defect. And in any event, you are entitled to have a car which is of satisfactory quality and remains that way for a reasonable period of time. Clearly a car which is behaving in this way is not of satisfactory quality. I think we've already discussed that you are pretty well ready to go ahead and make a complaint/bring a claim – the question is to decide exactly who to bring the claim against for the best and quickest outcome. However, I'm all for being cautious and gathering together as much evidence as possible. You say that the book is been stamped in respect of the various services. Are you not able to find out more information about this service as well? It certainly seems to me that if you have a written confirmation addressed to yourself that these cars require a gearbox service at certain mileage – then that will be more than adequate for a judge – if you can prove that that service did not occur. In addition, the problems which appear now to be manifesting themselves in respect of the gearbox seem to be consistent with what you say about inevitable gearbox trouble if this 105000 mile service is missed.   How long ago did they promise you this deadlock letter – but particularly, the inspection report? I'm also going to say that looking at your chronology of what has happened, I have a sense that we are inferring that you were misled as to the service. Have I missed something?
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Abbey phones a friend


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Last year, as I could not meet up with a friend to collect £10, I suggested that she paid the money directly into my credit card - an Abbey credit card administered by MBNA.

This year, as I could only make reduced card payments, MBNA started calling her and asking her to get me to call MBNA as I had not made the full payment to my account. She has given them my telephone number. I have told them to contact me in writing only. They are still calling her at least 4 times per week asking to speak to me even although I have never lived at that address.

She asked the caller how they got her details and they have confirmed verbally that it came from taking the details from her Abbey card number - the one that she used to do an electronic transfer into my account.

I have written to the Information Commissioner and got a standard letter saying that they are very busy at the moment... I have also written to the FSA Ombudsman and they told me to contact the bank direct.

I have paid all the money owed back to Abbey (and have receipts from their own bank) but they have claimed not to have received it.

Any advice welcome on how to proceed. How do I take them to task for breach of the Data Protection Act and also the laws on Harassment?

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If you can get that admission on record, we could help you.

 

You need to install a call recorder and then call them again and see if they will say the same thing.

 

Never, never, ever do business on the phone with these people without recording your calls.

 

Now you know why

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I have a letter, which was sent to my friend, which she will allow me to use. It confirms the date when they got the details from the card and also confirms that they took the data from her bank card with a promise that it won't happen again - but they have still continued to call her after she received the letter.

 

Verbally, one of the callers claimed that they took the details from a phonecall made to make payments - but it is a new phone number - BT can prove this - so this is not possible.

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  • 1 month later...

I now made a data access request for this account but have not been able to get it. What I have had is a letter from MBNA saying that they have not gathered the information from the credit card but as a result of a phonecall made to them. Although this is not correct, even if there had been a call it would have been made by my friend and not me.

MBNA have said that they have the right to collect any phone numbers used to make payments on this account under section 13a of the contract that I signed.

I still have the original contract. 13a allows them to collect any details of any calls that I make but not which are made by any third parties and does not give them permission to call them.

However, Section 13B states clearly that they will only keep my personal information for as long as is needed or as they are allowed to by law.

I have received over 100 calls from them along with emails and letters etc. Am I best to take this through the small claims court claiming a similarity to the following cases:

David Lloyd V Bank of Scotland

David Lloyd V Halifax

Alison Turner V Halifax

Ferguson V British Gas

Alternatively should I go through a mainstream court? Also, any idea how long it takes to get things through the courts?

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  • 8 months later...

If you can get that admission on record, we could help you.

 

You need to install a call recorder and then call them again and see if they will say the same thing.

 

Never, never, ever do business on the phone with these people without recording your calls.

 

Now you know why.

 

Hi

 

I have copies of their phone records and my own phone records. I also have a letter from the Ombudsman saying that they have broken the data protection act by storing details of third parties and contacting them but I am still having problems with MBNA - I have to court very soon about this and would like some guidance as to what I should be doing. The records, provided by MBNA show almost 100 phone calls but that is only for a three month period - I can't get access to all their phone records despite doing a subject access request. I have complained about this and have to go to court about this to try to get the full records.

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