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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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MBNA & Experto help needed


Robertg2477
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Hi All,

 

Months ago I looked around for a low intrest loan to pay off MBNA credit card that had an interest free deal. Then got a call saying the debt was unenforceable and do I want to go down that route. After days of thinking about it I decided to try and so gave Benificial claims the go ahead. After months after they said it was unenforceable they pasted it onto Eastly Solicitors to fight. They have done nothing and MBNA kept saying they didnt have the right to deal with Eastlys as they hadnt received the correct paperwork/permision to deal with them on my behalf. Now after months MBNA have sold the debt onto Experto. I received a letter from Experto today saying they are concerned I failed to respond to a previous letter (I did receive it) and that I have 2 options, 1. commit ot a regular amout each month until balance is cleared. or 2. contact them to negotiate a discounted settlement figure. I rang them to see what the discount figure would be on teh £8500 I owe. She said they would give me 10% off. I said there was no way I could raise that sort of money. She said to give them some info and they would then present this all to Varde Investments LTD. This is the ifo they are wanting from me:

 

Further to your conversation today with Gema please find below the information needed to present your settlement to Varde Investments LTD. Please respond to the questions giving as much information as possible.

MBNA card number: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Account reference: xxxxxxxxxxxxxxxxxxxxxxxxx

Yourself

What is your marital status?

Do you have any dependent children (under the age of 18) if so how many?

Your Property

How long have you lived at your current address?

Are you a homeowner?

If so when did you purchase the property?

How much did you purchase it for?

What is the current value?

Is there any equity in the property?

Are there any charges, secured loans or mortgage top-ups on the property?

Your Employment

Are you currently employed, self employed, retired or on benefits?

If you are employed who is your employer and what is your job title?

Are you full time or part time?

Other Creditors

Please list any other creditors you have and the balances currently owed to them.

Income and Expenditure

Please also attach an income and expenditure showing your incoming funds each month and your expenditure. You will need to include your partners earnings and expenditure too.

Please also advise us of how you would intend to clear the debt if you were unable to raise a settlement figure.

Finally, when making your offer please advise us of the source of funds, when they would be available and which method of payment you would use to transfer the funds.

This information is needed so that we can present your offer to the underwriters in the best possible light and try to agree a good figure on your behalf. If your offer is not accepted the underwriters will suggest a figure they would be happy to accept. We look forward to hearing from you and hope we can assist in getting this matter resolved.

 

I am unsure what to do. I can afford to pay the money back monthly, but just feel so mad as originally I wanted to do the right thing and pay it then gave in to Benificial claims and now have a default registered on my name. So am thinking if I have a defauld I might as well stick to my guns and not pay.

 

If someone can give me advice that would be great. Do I just keep ignoring them or try for a better settlement figure. What figure would be a good figure to offer them onn the £8500 I owe.

 

Many thanks

Rob

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ruddy fleecers.

 

you seriously need to do some reading in this forum & the DCA forum.

 

the agreement is obviously unenforceable or the bal is made of loads of charges or of mis-sold PPI.

 

NO company will EVER offer a discount if the debt is enforceable and another pointer is the fact that MBNA have sold it too

 

you are under no legal obligation to pay anyone anything, they cant go to court so they are stuffed.

 

never ever ring a dca!!

 

time to ignore everyone now.

 

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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Interesting,the op has a property and mbna still sold teh account to experto,sounds to me like they know its non-enforceable as they'd chance their arm in court with even a dubious cca.

 

Both of my accounts were sold to expereto but then again i have no property or anything they can take.I posted my cca's up on my thread and the common consensus was they were unenforceable as well.

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Well I would write asking for a copy of the CCA, although Beneficial claims should already have it.

 

Can you get a copy an scan it here?

 

beneficial claims.

 

the only people they benefit is themselves by fleecing people to line their pockets.

 

do it yourself.

 

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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beneficial claims.

 

the only people they benefit is themselves by fleecing people to line their pockets.

 

do it yourself.

 

dx

 

Yes, that's what I meant dx write to the MBNA for it. Just pointed out that beneficial claims should already have it, as they have stated that it is unenforceable.

 

Strange that name should crop up, one of my MBNA accounts was originally Beneficial Bank. :-)

 

Have you paid these people any money Robert?

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pers

 

i'd write saying you've done nowt

 

please fwd all paperwork in relation to this claim and close the case thank you.

 

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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