Jump to content


  • Tweets

  • Posts

    • This is just so appalling. Trump is pardoning all and sundry who know him and also trying to pre-pardon people for future offences or court cases, for whatever.   But he's trying to speed up executions and reintroduce even more horrible ways of killing people, regardless of the circumstances of their conviction, before he leaves office.   The contradiction is shocking, I think it could be the worst thing he's done.   https://www.theguardian.com/commentisfree/2020/dec/03/donald-trump-pardons-family-clemency-death-penalty
    • Here is the letter I would be sending to the garage;   Dear Sir/ Madam Ref: xxxxxx On xxxxxx I purchased, and took delivery of, the above vehicle Ford Kuga from you. On xxxxx I discovered that it was not of satisfactory quality: the transmission will need to be replaced. The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality. However, the vehicle is clearly not roadworthy. You are therefore in breach of contract.  I am legally entitled to ask that your repair or replace this vehicle at no further cost to me. If you are unable to do so, I expect to be reimbursed the original purchase price of £xxxx, minus an agreed amount for fair usage. If you fail to reimburse me, I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you. Yours faithfully,
    • They are from Birmingham City Council , and this where the his mom live At this time I was homeless , with no permanent address 😔😥
    • Hi all im looking for advice when it comes to council tax liability for a new home if an eviction is started for our old home but then suspended due to court error and pandemic causes further delay in proceedings.   The short story is i'm a disabled carer getting legacy ESA and carers allowance who has lived in his own home for nearly 20 years with mortgage as leaseholder. (SMI loan helps with mortgage interest). Also terrified of the UC migration that a change of circumstance will cause so dragging my feet tbh.   Just before the Pandemic the freeholder of our "old home" obtained a dubious possession order and we received notice of eviction before the pandemic so signed a tenancy for a "new home" that we where grateful to be accepted for in a new local authority district. As a result we stopped paying the bit of mortgage interest we needed to pay in our old home in favour of paying the rent for the new home out of our own pocket but before we could move into the new home proper and tell the DWP about a change of circumstance to get the rent paid (natural migration to UC?) the pandemic locked us in our old home!   Now we still haven't moved because the possession order was set aside when the courts re opend post first lockdown because of court error but possession proceedings are still ongoing with the added bonus the mortgage company is now involved and there legal fee's alone have been added to our mortgage balance effectively consuming all equity that was left in the property, thus our long term plan to sell, settle debts and move into rental is destroyed.    The new home awaits us and we spend a couple of days a week there, we have been able to put cheapest carpets in and blinds and moved some stuff in. We pay the rent out of our small income for security to avoid homelessness but we cant abandon the old home yet because thats likely a bankruptcy for certain if we just hand it to the mortgage company..   Believe it or not this is still a council tax question because the council where the new home is want there council tax and have demanded hundreds but obv we cant claim CTR yet as we havent formally had a change of circumstance due to the delay in eviction and im not sure they will like whay i have to tell them.    So the primary question is will the council be able or even willing to reduce or cancel the liability for the new home under these circumstances until we actually get evicted formally from the old home?   I think when you have title to a property you cant claim help with rent on another property and rightly so even in times like this...   We also worried about losing the new flat because being housing association we supposed to live there as our main home but have been delayed moving as described, its pretty certain we are getting evicted in the new year one way or another then insolvency might follow that depending how it occures we are just trying to find a path to avoid insolvency, benefit fraud and homelessness and deal with the council tax in the new home to! Not a small task during a pandemic! Its a tricky customer this any help welcome...  
  • Our picks

Section 75 claim - debt sold by MBNA to DLC


Please note that this topic has not had any new posts for the last 3032 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Firstly - I'm a newbie here - so apologies if I ask the same as others have !!!

 

I had a credit card with MBNA for around 15 years before I used the card to purchase a car (cost approx £9k) in March 2011.

 

The transaction was made by myself with the car dealer that advertised it,

I called the dealer and read out my card details over the telephone for the car that I had seen a description of on the internet.

 

The car dealer delivered the car and upon arrival it was clearly not as described in a number of ways (some damage and no full MoT to mention a couple)

and this is clearly provable against the internet description where it stated full MoT and no mention of any damage.

 

The supplying car dealer was clearly in the business of selling cars as he had about 6 other cars advertised for sale at the time

and I've kept copies of all these descriptions in case they are required later.

 

So under distance selling regulations,

I complained to the supplying car dealer and asked for a refund,

made the car available for them to collect but they refused to accept the car back and refused to collect the car.

 

I immediately made a section 75 claim to MBNA.

 

MBNA stated the disputed amount would be put on hold until the matter was resolved.

Sensing there was going to be a fight I cancelled the direct debit so that the disputed amount would be "on hold" with MBNA

and not with myself and wrote to MBNA telling them that was my course of action

and supplied copies of all information receipts/descriptions/correspondence with the car dealer.

 

Eventually MBNA refused the section 75 claim, for a couple of spurious reasons.

 

One was broken debtor-creditor relationship

- MBNA claimed the car dealer was selling the car on behalf of the previous owner !!

clearly MBNA don't seem to understand how car dealers sell cars and this one was an obviously blatant attempt by the car dealer to attempt to avoid responsibility.

 

The other was that MBNA claimed that I knew about the damage prior to delivery and that I should have checked the car before purchasing.

I demonstrated to them that I relied upon the description and could not have been expected to travel from Oxford to Scotland to check the car over before deciding to purchase.

 

It was clear to me that I had provided sufficient information and evidence to support my section 75 claim,

and I repeatedly insisted that MBNA honour their obligations under section 75.

 

However, they refused and set on a course of pursuing me for what they claimed was an outstanding balance and what I repeatedly claimed was the disputed "on hold" amount.

 

I wrote to them on several occasions suggesting that we should put the matter in front of a judge to decide.

 

Eventually they went through the process sent me lots of demanding letters and default notices which I always replied to

and politely reminded them that the outstanding balance is subject to a Section 75 claim

and that if they felt strongly about it then I would be happy to talk it all over in front of a judge.

 

MBNA's last letter they stated that they would be selling the debt.

I immediately wrote back to MBNA and informed them that they do not have my permission to give or sell any of my personal data to anyone.

 

At this point I made a claim through the financial ombudsman, which is currently in progress.

 

In the meantime,

MBNA have sold the debt to DLC who appear oblivious to the section 75 claim and are now harrassing me with letters and phone calls.

 

I have written to DLC telling them to stop harrassing me and referred them back to MBNA,

stating that it appears that they have obtained my personal data in contravention of the data protection act.

 

Clearly there are several strands to this situation, I feel strongly that this is a valid section 75 claim,

but it seems that MBNA have simply avoided justice and I have been left with a blemished credit history.

 

My first concern is that the claim via the financial ombudsman may be too late.

 

My second concern is that having not paid the balance when I left the "on hold" balance with MBNA may have undermined the claim to some extent.

 

Comments, the experience of others in similar situations and all advice is appreciated.

 

(I will add/update as and when I get updates)

 

thanks !

Link to post
Share on other sites

Yet another story that proves the banks are one of the most dishonest companies in existance.

 

Welcome to the forum Nigel.

 

You should start pushing the Ombudsman for some action, email and recorded mail both, don't let them sit on it until they decide their coffee has gone cold so might as well do some work.

 

Have you been sent the paperwork that shows the dca has either been assigned or purchased the disputed amount?

 

You can get an explanation added to your credit record if you think there will be enquiries on it.

 

If you want your day in court, you can issue under the DSR against the dealer direct.

Link to post
Share on other sites

Yes - I will be pushing the ombudsman - they initially said expect 8 weeks for MBNA to respond to their complaint - so will do this towards end August.

DLC have not provided me with any copies of paperwork/contracts/agreements to support their claim, I'm confident that MBNA have passed the account to them, otherwise how would they know ?! I've written to them requesting they provide copies of any agreement or documentation to support their claims and stop harassing me in the meantime, and co-incidentally the 3 per day calls from them have now stopped.

Spending time going through courts with a Distance Selling claim against the car dealer did seem like the path of most resistance compared with a Section 75 claim against a credit card company - however MBNA have turned out to be particularly unhelpful with this.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...