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    • If you look at some of the other debt related threads will see that one of the first things which will be asked will be for you to list out your debts in a brief chronological order, including date of debt, amount, creditor, amount outstanding, defaulted – yes/no – date of default, date of last payment made, have you acknowledged the debt at all to the creditors. That lot at least. I expect that my colleague @dx100uk will be along but will meet to know at least that information
    • Hi, I have found this group very helpful hence I am here seeking help and advice.   I got myself into a situation where I have now more than £50k in unsecured debts (personal loans & credit cards) and things are now getting out of control as I am struggling to make payments. This is purely my own created situation and I am taking 100% responsibility for it. I am keen to get out of this situation as soon as possible hence I would appreciate any help and advice in this process. I am employed at the moment and don’t want to risk going into IVA or bankruptcy as this would risk losing my job. Being sole bread earner of my family, I cannot afford to lose my job. I have been trying to keep up with the payments so far and had few missed payments instances until 3/4 months ago but got caught up with missed payments somehow using my savings. All my debts are still with original lenders. However I know I am getting into same situation again shortly and won’t be able to get out of it again. I have started exploring Debt Management Plan (DMP) option through StepChange but haven’t submitted it yet. Based on budgeting, I have around £820 available to make payments to all lenders after taking care of all other essential expenses. This is definitely lot more affordable than what I am currently paying to different lenders. 1. Is DMP right option for me in current situation? 2. what are the negative consequences of availing DMP? 3. is there something else that I can do to get out of this situation? I’m determined to clear out all my debts but need bit of breathing space and time. Let me know please if you need any additional information. Thanks in advance for all your help and guidance. MM  
    • Bookmakers use betting on political events to entice new customers, and say it is growing.View the full article
    • nope  and  neither dx
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    • 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
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MBNA CCJ/CO (Rest K) - sold to Marlin


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Hi there!!

 

Have been on the Hardship program with mbna, fell behind on payments etc... survived all the nonsense calls i used to get sent them the letters only template etc, still get the occasional call straight to answer phone.. ( they must not like me lol..) anyway they've sent me the we're going to default you etc notice 28 days blah blah ( which is quite funny as they sent a DN back in April:rolleyes: i think..) will get the jpg up for someone to look at to see if it's invalid etc... And today i have sent off the CCA request, should've done i ages ago i know, but have been having a separate war with hsbc... Just wondered what my next move is?

 

Thanks in advance...

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cca request first then bang in a subject access request and get all the info.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Thanks PF will wait and see what the cca brings before i waste a tenner lol, my biggest stumbling block so-to-speak is that the card is only 3 or 4 yrs old, but you never know... If they can't find it etc can i then put the account into dispute? Or can they enforce it no matter?

 

Thanks...

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Seems mbna really want me to pick up the phone now, as they seem to be using mobile numbers in the hope i'll pick up. which i won't, if i don't know the number. and have left messages to get in touch to resolve etc etc... Any ideas please? before they issue a dn against me, which they've already done 3 months ago....

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  • 2 weeks later...

Well smack on time the cca stuff came in the post this morning ( oh well i thought. Worth a try!!!) Anyway opened the letter from (virgin.) mbna and well a load of old well you know what.... all blank forms, latest t&c's plus a couple of statements nothing with my signature on it etc etc, will get then loaded up to photobucket tomorrow for you good people to look at, and hopefully advise me on my next move... So what should i do next with regards to this laughable cca they've sent me? At least hsbc made an effort, when i asked for theirs albeit four days late lol

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Right have finally got around to uploading the stuff they've sent me minus a statement and new t&c's if you need em just ask and i'll put em up the only signature on these is a scrawl on the statement and it is a scrawl... Please let me know about this cca, as i think personally it a load of cobblers but well your advice is always appreciated.... Thanks in advance peeps!!!

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnaccacover.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/Mbnacca1.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/Mbnacca1rvse.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnacca2.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnacca2rvse.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnacca3.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnacca4.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnacca4rvse.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnacca5.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnacca6.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnacca6rvse.jpg

 

Please let me know what my next course of action will be after viewing this please... As i've said i've deleted my personal info but have not edited any sigs as they were all blank...

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  • 2 weeks later...

Have just had this through the door can someone please please comment and help me on this thanks so much!!!

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbnadn.jpg

 

Seems they can't be bothered to stick to our severe hardship agreement, am sure they've already issued me with a dn but not sure where i've put it...

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http://i980.photobucket.com/albums/ae289/tuvelpit69/mbnadn.jpg

 

Seems they can't be bothered to stick to our severe hardship agreement, am sure they've already issued me with a dn but not sure where i've put it...

 

Hi Bilious,

 

As they have already defaulted you then its not going to matter really, the earlier default should be what shows on your credit file and should remain with the same date.

 

If you fell behind on the hardship program then they will probably sell you on to an external DCA or at least assign it out, esp if your not talking to them. As for the CCA, after Carey their repsonse will suffice although I'd argue about the sending ALL variations rather than just an updated terms but its one a judge would have to decide. Chances are as its so recent its going to be enforceable.

 

You could write back stating the agreement you have been sent doesnt contain your signature, I think the template is on here although I've no idea how to find it now the site has changed so much :-(

 

Sorry not much help

 

S.

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Thanks for that have not fallen behind on the hardship at all, have payed on the dot every month! But they now seem hell bent on going this way... Only reason i stopped talking to them was because all they wanted was more and more money that i couldn't afford? have asked for everything to be in writing but they seem to ignore it? Oh! And the cca they sent me through wasn't what i signed it was one of the 0% jobbies sent through the post? Don't know if that helps?

Edited by bilious
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Thanks for that have not fallen behind on the hardship at all, have payed on the dot every month! But they now seem hell bent on going this way... Only reason i stopped talking to them was because all they wantes was more and more money that i couldn't afford? have asked for everything to be in writing but they seem to ignore it? Oh! And the cca they sent me through wasn't what i signed it was one of the 0% jobbies sent through the post? Don't know if that helps?

 

Ah sorry, misunderstood the posting, if you have it in writing that the agreement is x number of pounds a month then just stick to it, they will ALWAYS attempt to get you to raise if by ringing and harassing but so long as you keep to the agreement.....you'll have to ignore the phone calls or save up and buy the expensive but fantastic truecall device.

 

If it was by phone then I would request a SAR from them which asks specifically for all recordings of phone calls.

 

As to the default, they will default you if they put you on their hardship scheme, its their way of punishing you !

 

S.

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Oh and if you do have the agreement of payments in writing then write a formal complaint to them stating you are keeping to it by making payments and for them to only contact you in writing if there is something important to advise of... and if they cant keep to this you will make a complaint to the FOS.

 

If they dont take any notice of it, complain to the FOS and get them a £450 investigation charge :roll:

 

S.

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Me or mbna? Lol anyway how do i flag this for a site mod babybear? and if it is enforceable what am i looking at? If it does go to court will i only then pay what i can afford? And yes i have property but it's shared ownership so their going to be stuffed down that route!!!

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Thank you babybear, no problems about that i know your a busy bee! Find it strange they've sent me an online cca version when i filled in one of their 0% transfer thingymabob that came through the post, any reason for that? cos none of the boxes are ticked either on mine unlike others i've seen?

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Have been unable to access your links. I get message that page is unavailable :(

 

I find it strange that they have sent you a further default notice if you have been sticking to the payment plan. Unless of course the original default notice was incorrect. Unless they terminate the account then they can send as many dns as they want.

 

It would be foolish of you to make any further contact by phone. It is your legal right to have all communication in writing, this to better protect yourself in the event that litigation is started.

 

It would be in your own interests to invest £10.00 in a SAR that way you will have all the information you require just in case they do take the final step.

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Thanks citizen b strange for some reason the first link wont show but it is there! i'm sure they have already sent me a dn but will have to try and find it!!! As i've said they seem to have sent me the online app cca, when i know i filled in a 0% transfer form through the post with my signature on it does that make a difference? What's the worst case here? court jobbie and i pay only what i can afford?

 

Thanks in advance for your help!

 

Oh and what about the DN that they've sent me is it a valid one?

Edited by bilious
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  • 3 weeks later...

Just had a nice letter from mbna threatening the usual if you don't contact us in 14 we 'may' etc bankrupt you , take your house ,charging order attachment of earning bailiffs etc.. Any ideas?

 

Can someone please comment on what i should do next as they seem to be threatening the legal action route please!!!

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I would think that a SAR would be a very good thing! A tick box on an online application suffice as you signature, wonder whether "forging" your signature with a tick box will means a forged signature? If you never applied online and they said you did could have serious consequences IMHO. If you do a SAR and they send a signed one, then it is even more compelling!

 

Should it go to court then the judge will look at what happened before. Seeing that you agreed on a payment and you are sticking to it, surely that would not look good!

 

if it is all you can afford, then a judge will not force you to pay more, what is the point in them taking you to court then? Surely they know that and all this is probable only tactics to try to get more out of you. If you keep up the agreed payments, then you will be fine and you can ignore all their gooble junk, IMHO.

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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