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    • Well I'm just butting in on this thread and I don't really know at all what's going on – but what I am certain of is that if you decide to take a legal action against somebody – it means that you have a plan to do so. This means that you understand the route, the threat you are going to make, what you are asking for, and when the deadline for the threat has expired then issue the action – no delays, no discussion – nothing. So I understand here that you not even sure who you are going to sue. This means that effectively you may not even have sent your letter of claim to the correct party.
    • Yes BF. I was about to issue that evening before I wondered whether the summons should actually be issued to them (Barclays Partner Finance at their head office) or to Clydesdale who own them? Or even to Barclays  as the owners of the groups. Thing is, I will issue as soon as I know and they have had a few more days grace if they think an NBA during Covid should allow more time.  
    • Johnson and Gove must think that Scottish independence is a certainty and Irish reintegration in the EU very likely - and they dont give much of a monkeys about wales Knowledge of Scotland not essential for government’s new ‘union unit’ jobs https://www.independent.co.uk/news/uk/politics/scotland-uk-union-unit-jobs-gove-b1800250.html   "The job ad at Michael Gove’s department demands candidates “demonstrate good political judgement” and have the “credibility to build a strong network of relationships across Whitehall”. " "However, it states that “understanding of policy issues relevant to Scotland, Wales and Northern Ireland” is only “desirable”"
    • many thanks DX I will do follow this advice.    one comment on what I've read on here. IDR  / the banks seem to rely on the non exclusive jurisdiction clause. However surely that would mean once its been through court here, it would no longer be active in UAE. Of course that is not how they work ie they would go for both UK and UAE if you ever returned. Is there not a way of highlighting and fighting there use of this clause on that basis?
    • Did you apply for a refund before you took any reclaim action?  If Ryanair refunded you for your flight then you have chosen to "end your contract" with them and they have no further liability for your travel.  This is pivotal because as long as you have a paid up ticket (and booking reference) then they have full liability and responsibility for you.  The minute they refund you, they have discharged their duty and you are on your own.   I am still trying to understand the basis for your claim.  The law says that if you are delayed then you have the option to refund or re-route (but not both which seems to be the case here).  You can go with the original carrier or not despite what Ryanair would have you believe.  You should tell them what you intend to do so they cannot claim later that you did not give them the option.     If I were to apply the best case to your situation it would be that the flight was delayed, you somehow told Ryanair that you were re-routing and off you went with your alternative travel arrangements.  You then put in your claim and waited.  If you then asked for a refund after your travel claim went in then you (and they) could argue that Ryanair has already part-paid your claim but you have a better case.  If you asked for a refund before your claim went in then the emphasis sits more with you to say you made a procedural error and they have a stronger defence.
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 27 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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No credit agreement, only an application form


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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 ?

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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.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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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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Default listed on CRA April 2010 under AKtiv Kapital, no mention of MBNA on credit file, last payment to MBNA was 2009 I think, need to dig out old paperwork to check.

 

WIll dig out DN as well and post up here.

 

thanks

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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.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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That letter is meaningless, even as a notice of assignment – an inaccurate notice of assignment is a bad notice. The facts within it are wrong.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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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.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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  • 2 weeks later...

Have you ever sent a CCA request for this account? Suggest you do.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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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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When did you open the account? Did you apply on-line?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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