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    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
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No credit agreement, only an application form


gordies
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MBNA have confirmed to me that they only have page 1 of my application form from 1993.

 

They have nothing else relating to my application.

 

They quote the Carey case and say that not having all the paperwork is not an issue and that I must continue to pay.

 

I do not want a bad mark on my file but surely I can reclaim all the charges and interest and ask them to stop all interest and charges from this point on?

 

What is my best course of action?

 

thank you.

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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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  • 1 month later...

requested copy of executed agreement.

 

Have been sent a hard copy of Credit Agreement which is basically 2 pages of rights, loss or misuse of card, apr and charges.

 

There is no copy of an application form or anything I may have signed (we are talking quite a few years ago now).

 

They have also sent another 2 pages of charges and general conditions which actually contradict the charges in the first 2 pages.

 

Is this an attempt to make something up to shut me up?

 

If they have not got the original application form with my signature can I place this in dispute and stop paying?

 

thanks for any help.

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  • 5 months later...

they are trying to pull a fast one.

 

I did not sign CCA request, I printed my name.

 

Now they won't tell me anything without my signature.

 

Is there a template letter I can use telling them to take a hike as a signature is not required?

 

thanks !

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tell us the full story please

 

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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  • 1 year later...

MBNA admit they have no paperwork and will not take court action.

 

Sold debt. DCA hassling all the time.

 

Sent them the standard 'withdraw implied right of access', they saying it does not apply as they will send me an appointment date with enough notice.

 

How do I tell these muppets to take a hike and leave me alone?

 

thanks.

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There is a draft letter in the CAG library.

 

You could of course ask them why the laws of harrassment and intimidation do not relate to them and to provide you any legislation that they are going to rely on.

 

Which DCA is this ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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three thread s merged for history

please stick to one thread per debt

 

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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lowlife

 

ignore them

 

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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  • 1 month later...

been going on 3 years now.

 

Original MBNA debt was sold to Varde whilst still in Default Notice period

 

so, sold causing an unlawful rescission?

 

This is what I told Varde and, after a few months, they must have disposed as just about every one else been chasing this since.

 

Do I just ignore Quantum, like I have done with everyone else since Varde?

 

Ohhh, their letter states '...are willing to consider any realistic offer to help repay your outstanding balance'.

 

thanks.

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It wasn’t unlawful rescission. That defence won’t hold, I’m afraid, if they issue a claim.

 

What’s most likely is that the MBNA default notice was deficient – they usually were three years ago, which means that technically the account has not been properly defaulted, therefore still persists, and cannot be enforced through the courts. Do you have a copy of the DN?

 

Varde bought loads of accounts then subsequently dumped a lot – not always the duffers though. Seems they took as much as possible as quickly as possible then sold them on.

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how old?

 

is this on your CRA file?

 

ever had any discount letters?

 

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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As I thought – doesn’t leave long enough to remedy, as MBNA DNs have been proven to be sent out second class (see the case mentioned below). So deemed served on fourth working day after posting = 13 May 2010. Add 14 days = 27 May. So deficient by two clear days.

 

This is not a de minimis issue, as proven by case law – see Harrison v Link. So technically your account has not yet been terminated.

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Also another case of the default being recorded BEFORE the DN was issued (ie. defaulted in April 2010, DN issued in May 2010). This is plain wrong. If you had remedied the DN, then the account should have been treated as if the breach never occurred. So you have been treated unfairly.

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  • 2 weeks later...
Have you ever sent a CCA request for this account? Suggest you do.

 

Yes I have, and received a print out with box ticks as it was all applied for online. They also included statements and copies of T's & C's.

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