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    • I left Dubai 8 years ago and intended to return. However a job prospect fell through. I’d been there for 15 years. I decided to pay my credit card and the bank had frozen my account. There is no means to pay the CC so completely unable to pay when I wanted to other than the bank advising me to ask a friend in the UAE to pay it on my behalf!  fast forward bank informs there is a police case against me for non payment. Years later IDR chased me and after months/ years they stopped. Now Judge & Priestley are trying their luck. Now I have received an email in English and Arabic from JP saying the bank has authorised them to collect debts. Is this the same as IDR although I didn’t receive anything like this from them. Just says they are authorised?
    • The neighbour's house is built right on the boundary so the side of their house is effectively the 'wall' in our garden separating the two properties. It's a three storey house and so the mortar poses a potential danger to us. Because of the danger, we have put up an interior fence in our garden to ensure we don't risk mortar dropping on us. That reduces the garden by 25% which is not only an inconvenience, but it's the part of the garden where we had lined up contractors to install a patio and gazebo which we will use for our wedding reception in less than 2 months. We have spoken to the neighbour's caretaker who is on the case, has spoken with a roofer and possibly a scaffolding company, but there are several issues. They don't seem to understand the urgency. As long as there is a risk of falling mortar, we can't carry out any work in the garden, and unless they hurry up, we're looking at cancelling our wedding as it's not viable to book a venue because we can't use our own garden! Also, they want to put the scaffolding up in our garden which would be ok with us if it was a matter of a few days and they hurried up, but there is a tree (most likely protected by the conservation area), so most likely they can only reach part of the roof with the scaffolding if they put it up in our garden. We suggested a roofer with a cherry picker but they seem to want to use a company they've used before. Any and all comments, suggestions, advice is more than welcome.  PS. does it make any difference that the neighbour is a business (ltd) and not a private dwelling?
    • No apology needed, thank you for what you do I am glad to hear they paid. well done on getting back what is yours
    • Apologies all for the late reply and info, i have been away with the Army. They have paid I accepted the offer on the 5th of May, and they paid on the 17th of May.
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    • 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.

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Cap1 & CCA return


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Wonderful, I am so pleased for her!!

 

I used to get 20 telephone calls a day from early in the morning and until late a night, including weekends plus the endless stream of collection letters, until I put a stop to it by using the BT choose to refuse service, plus I put a 'shot across the creditors bows' by accusing them of harassment - Administration of Justice Act.

 

I informed the FOS but their adjudicator & ombudsman considered that such action was not unreasonable!!!!!!

What a disgrace...

I have grown accustomed to their tactics now, but the stress that I have gone through still turns me cold.

 

Therfore, I anxiously await the outcome of Tom Brennans case...I intend to get my revenge.

 

AC

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Wonderful, I am so pleased for her!!

I used to get 20 telephone calls a day from early in the morning and until late a night, including weekends plus the endless stream of collection letters, until I put a stop to it by using the BT choose to refuse service, plus I put a 'shot across the creditors bows' by accusing them of harassment - Administration of Justice Act.

 

As someone who has been on the recieving end of this treatment (and by the same call centre) I am very pleased at this result. I will be forwarding the link to TS - who are currently preparing a prosectution. :p HBOS!

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As someone who has been on the recieving end of this treatment (and by the same call centre) I am very pleased at this result. I will be forwarding the link to TS - who are currently preparing a prosectution. :p HBOS!

 

That sounds like quite promising news Rosierose. Let us know what happens

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did you know marbles credit card is closed to new business !!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/hfc-household/93106-marbles-credit-card-closed.html

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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HI everyone,

Is there anyone out there who has any information on UNREGULATED consumer credit agreements specifcally form and content of them or any sites that give info on them,

I'm trying to help someone who has got one, that doesnt work out as far as as clarity interest rates, monthly payments that dont added up, and brokers fees etc etc it just does not make sense, and doesnt look right.

any help will be very much appreciated.

 

sparkie1723

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did you know marbles credit card is closed to new business !!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/hfc-household/93106-marbles-credit-card-closed.html

 

I have requested my copy CCA, nothing yet, sent it 3 months ago, various phone calls, still not received! This sounds very dodgy, I read somewhere on the forum that a mole at Marbles in Slough said that they do not have ANY credit agreements! Does anyone know anything about this?!!!

Has anyone requested a copy CCA and received it?

Answers on a post card to.......

sorry for being cheeky:rolleyes:

but if anyone has could they let me know

cheers

birchave

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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did you know marbles credit card is closed to new business !!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/hfc-household/93106-marbles-credit-card-closed.html

icon12.gif

Vulture don't take this as gospel as it's only a guess based on what little common sense I have, but it may be that 'some' CCC's have finally taken proper legal advice & been told their docs & systems continue to leave them vunerable to non-compliance with the CCA (even the 2006 Act). As a result they may be consolidating their records & systems to ensure they do.

 

However if the horse has bolted, as in historical records have been disposed of, it's a bit late to be closing the stable door.

 

So lots more excitment ahead for us poor consumers & headaches for them

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icon12.gif

Vulture don't take this as gospel as it's only a guess based on what little common sense I have, but it may be that 'some' CCC's have finally taken proper legal advice & been told their docs & systems continue to leave them vunerable to non-compliance with the CCA (even the 2006 Act). As a result they may be consolidating their records & systems to ensure they do.

 

However if the horse has bolted, as in historical records have been disposed of, it's a bit late to be closing the stable door.

 

So lots more excitment ahead for us poor consumers & headaches for them

 

yes !!! marbles say

 

in standard disclosure under the heading "list and number here the documents you once had in your control, but which you no longer have. for each document listed say when it was last in your control and where it is now"

 

they marbles say :-

 

 

"All originals of documents as listed above are copies as contained within the original file opened at the claimants premises at HFC Bank Limited NOrth Street Winkfield Windsor Berkshire SL4 4TD"

 

so as you say they destoyed all the relevant documents when they put them onto their computer systems

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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yes !!! marbles say

 

in standard disclosure under the heading "list and number here the documents you once had in your control, but which you no longer have. for each document listed say when it was last in your control and where it is now"

 

they marbles say :-

 

 

"All originals of documents as listed above are copies as contained within the original file opened at the claimants premises at HFC Bank Limited NOrth Street Winkfield Windsor Berkshire SL4 4TD"

 

so as you say they destoyed all the relevant documents when they put them onto their computer systems

 

jonchris

could you please formally answer whether the words in bold would stand up in court thanks

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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yes !!! marbles say

 

in standard disclosure under the heading "list and number here the documents you once had in your control, but which you no longer have. for each document listed say when it was last in your control and where it is now"

 

they marbles say :-

 

 

"All originals of documents as listed above are copies as contained within the original file opened at the claimants premises at HFC Bank Limited NOrth Street Winkfield Windsor Berkshire SL4 4TD"

 

so as you say they destoyed all the relevant documents when they put them onto their computer systems

 

sorry to sound like a megga thickie!:rolleyes: But what exactly does this mean?!!! Where did you get the info, are they admitting that they do not have anyones agreements at all?!!!!

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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did you know marbles credit card is closed to new business !!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/hfc-household/93106-marbles-credit-card-closed.html

 

 

As Marbles is part of HFC and a member of the HSBC group could this have wider implications??

Capitalism is the legitimate racket

of the ruling class.

Al Capone

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see the MIBS are at it again

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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We can but hope!:D

 

Els

marbles was only taken over by hfc in 2003

 

In August 1999, Dixons spun off Freeserve, the U.K.s largest Internet services provider. Because of the strong relationship between Dixons and Household, Household was able to win the partnering relationship

with Freeserve. Freeserve was the first co-branded partner under the marblesbrand, which was launched in October 1999. Marbles was one of the first Internet-enabled credit cards in the U.K., and the featured credit card on the Freeserve website

In January 2000, the Dixons Group announced the sale of Freeserve to Wanadoo S.A.

------------------------------

HFC History

 

HFC Bank was established in 1973 as the UK arm and wholly-owned subsidiary of Household International Inc, one of the largest independent consumer finance businesses in the United States.

 

In the UK, we have adapted and moulded ourselves over the last 30 years to ensure we have remained at the forefront of consumer finance.

 

Initiatives such as being the first high street lender to open all day Saturday and introducing children´s play areas in all our branches have helped keep us ahead of the pack.

 

HFC Bank entered the direct lending market in 1993 by launching Hamilton Direct Bank which specialises in unsecured personal lending. This is achieved by dealing direct with the public, via the telephone, post and Internet.

 

In 1994 we entered the UK credit card market with the successful launch of the GM Card from Vauxhall. Today HFC Bank has over 1.5 million card holders and 80 plus card programmes, including the internet-enabled marbles™ card.

 

In 1998, HFC Bank merged with Beneficial Bank resulting in a new bank in terms of scale, size and opportunity. This merger was a significant milestone in our history - expanding our market presence and improving our growth potential.

 

In March 2003 both Household International Inc. and HFC Bank plc became part of the HSBC Group. Subsequently HFC Bank has become a limited company and Household International Inc. has become HSBC North America Holdings.

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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I recieved a letter from another creditor just yesterday all but admitting that they destroy all agreements after they have been scanned: "Applications are scanned on reciept, therefore the copy provided is the standard copy we able to provide." This after being told under threat of enforcement by TS to provide a legible agreement. The agreement attached is 95% illegible (and even if it weren't so it would be irredemmably unenforceable by virtue missing terms and s127). Certainly, if I were the the bright spark who came up with this IT policy gem I would be looking at career move about now.

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Currently Active Users Viewing This Thread: 19 (1 members and 18 guests WHO can read about it in the papers !)

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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No 'Original' (true) properly executed agreement means no power to enforce the debt.

 

The courts don't accept copies why should you!

 

Yeah! the moneylenders greed by not paying for long term storage is coming back to bite them.

 

& to all of you 'guests' reading this. Ain't life grand

 

if your a genuine debtor please excuse my remarks & if your not well!

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I really like that one elsinore ,but it should read "Every days a bank holiday in Banking......... or thats what they used to think till the CAG came along now they are thinking a "bunk" holiday.

 

sparkie

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I have got my own thread in MBNA and have asked for my CCA on the 11th April. Any clues as to what I should say to MBNA next?

 

 

 

WHAT SHOULD I DO NOW???

letter received this morning

 

Dear Mrs Standingupformyself

 

Request under Section 78 Consumer Credit Act 1974

 

I refer to your recent request.

 

Your account was opened directly with Abbey on 19th March 1996. Unfortunately we are unable to retrieve any copy applications made directly with Abbey prior to Abbey prior to the conversion to MBNA that happened during 2001.

The copy of the Terms and conditions I previously provided satisfy the requirements upon lenders as per S.78 of the Consumer Credit Act 1974. If a lender did fail to comply with S78, that lender may be prevented from taking certain steps to enforce a credit agreement (until such time as S78 eas satisfied) but the underlying credit agreement itself, together with the borrowers obligation to repay, remain valid and intact. For the avoidance of doubt, we would like to confirm that MBNA has responded in full to the request you made under S78; and in any event, your credit agreement remains valid and your obligation to repay remains intact.

We trust we have resolved this matter, but should you wish to discuss this matter further please do not hesitate to contact me.

 

Peter Cross

CUSTOMER ASSISTANCE MANAGER

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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I have got my own thread in MBNA and have asked for my CCA on the 11th April. Any clues as to what I should say to MBNA next?

 

 

 

WHAT SHOULD I DO NOW???

letter received this morning

 

Dear Mrs Standingupformyself

 

Request under Section 78 Consumer Credit Act 1974

 

I refer to your recent request.

 

Your account was opened directly with Abbey on 19th March 1996. Unfortunately we are unable to retrieve any copy applications made directly with Abbey prior to Abbey prior to the conversion to MBNA that happened during 2001.

The copy of the Terms and conditions I previously provided satisfy the requirements upon lenders as per S.78 of the Consumer Credit Act 1974. If a lender did fail to comply with S78, that lender may be prevented from taking certain steps to enforce a credit agreement (until such time as S78 eas satisfied) but the underlying credit agreement itself, together with the borrowers obligation to repay, remain valid and intact. For the avoidance of doubt, we would like to confirm that MBNA has responded in full to the request you made under S78; and in any event, your credit agreement remains valid and your obligation to repay remains intact.

We trust we have resolved this matter, but should you wish to discuss this matter further please do not hesitate to contact me.

 

Peter Cross

CUSTOMER ASSISTANCE MANAGER

 

I really now think MBNA are in the wrong business, if they were into sewerage I would maybe take them for their word, but consumer credit nah..!!!

 

There is some good info & letters on this link,

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/79147-consumer-credit-act-resources.html

 

Hope this helps!

MM

Capitalism is the legitimate racket

of the ruling class.

Al Capone

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