Jump to content


  • Tweets

  • Posts

    • Indeed.  Should I send them exactly what I sent in my snotty letter?   Or should I ignore/send a "This mailbox is not monitored" reply?  Not sure if a Letter Of Claim counts when it isn't a letter?
    • Many thanks for that, knowing Mark, as I do I think he will take this advise.It does sound to me that there is very little they can do to him. I was amazed even got such a huge credit line when he could never afford to pay it back once he hit the £75k. I have asked him for the lenders etc and will post the details once i get them.   Again thank you all,   cheers,   Paul
    • Nothing missing and not being subtle.   Government appear to have briefed media that they will table legislation to hand back power to the PM to call General elections at a time of their choosing. This was reported by several TV channel political correspondents.   Boris likes to play politics as a game and he will see that as time moves on, he will become less and less popular, as will the Government. Recent polling is showing decline in approval ratings.   Hence why Summer 2022 may be seen as a good time to hold an election. Before the National Insurance and other tax increases start to hurt peoples standards of living. Leave holding an election until 2023 or 2024 is very risky as by then Government could be very unpopular.    UK will need to at some point make a large number of work visas available to migrants, in particular to pick agricultural crops.  Farmers have lost a lot of money in 2021, as their crops have not been picked and supplied to shops.  lack of migrant labour to pick crops and lack of drivers to pick up/deliver to wholesalers/shops.  Government cannot allow a repeat in 2022, so will issue visas to migrant workers and this will be unpopular to some who voted Brexit.    
    • I've just had a "Letter of Claim" via email: Dear XXX, Letter of Claim Our Client: Total Parking Solutions Limited Our Reference: XXX PCN Reference: XXX Vehicle Registration: Contravention Description: The Vehicle Exceeded The Maximum Stay Time Contravention Location: Brighton Road Retail Park Redhill Date of Contravention: 18 January 2017 Balance Due: £124.00 We have been instructed by Total Parking Solutions Limited to commence legal action against you in respect of the above unpaid parking charge, by issuing a Claim against you in the County Court without further notice, if no payment or response is received before 20 October 2021. If you dispute this debt, please tell us why so that we can help resolve this matter. Estimated Claim Such legal action may result in you being liable for Court fees, solicitors’ costs and statutory interest which are estimated below.   Principal Debt + Debt Recovery Costs £124.00 Estimated Interest £46.34 Estimate Court Fees £35.00 Estimated Solicitors' Costs £50.00 Estimated Total £255.34 What we have sent you What you will receive in the post are the following: Information Sheet: a sheet explaining what to do next, including how to avoid Court actions. Reply Form: a form to complete and return containing four sections. Income and Expenditure Form: a form to complete and return to outline your finacial circumstances. What you need to do now Payment of £124.00 or your reasons for non-payment are required by 20 October 2021 to avoid the above legal action. If you are unable to pay the balance in full, our client is willing to enter into a payment arrangement which is affordable for you taking into account your financial circumstances. We wish to remind you that in a final effort to avoid the need for litigation, our client is willing to offer you the option of paying the balance via an affordable repayment plan. We have pre-approved a monthly instalment amount of £15.00 which has been recommended considering your estimated disposable income. If you wish to take advantage of this offer, or if you cannot afford this amount, please contact us using the details in the "How to get in touch" section below. Please note that this offer expires on 20 October 2021, after which time your case will be considered for litigation for the full current balance. How to get in touch Online Manage your account at www.bwlegal.co.uk. You can upload your completed reply form and provide your income and expenditure details online. You can also make a payment, set up an affordable payment arrangement and speak to us by webchat. Speak to us or email us Call us today on 0113 487 0430 or email us at [email protected] to discuss this matter with one of our helpful team. By post Complete and return the Reply Form to us at the address at the foot of the letter you will shortly receive from us by 20 October 2021. Pre-action Protocol for Debt Claims This email is being sent to you in accordance with the Civil Procedure Rules Pre-Action Protocol for Debt Claims, a link to which is contained on the foot of the information sheet will you will receive shortly in the post. In particular, we refer you to paragraph 7, which sets out the expectations of the Court in terms of complying with the Protocol. Particulars of debt On 18 January 2017, you were granted a limited contractual licence to enter the land known as Brighton Road Retail Park Redhill ("Site"), which is managed and operated by our client. In return, you were to abide by certain terms and conditions ("Terms and Conditions") which were prominently displayed on the signage erected in situ by our client. On 18 January 2017, you breached the Terms and Conditions - reason: The Vehicle Exceeded The Maximum Stay Time ("Breach"). The Breach resulted in our client issuing a Parking Charge Notice (`PCN`) on 06/02/2017 which, despite our client's attempts to engage with you and agree a suitable payment arrangement, remains unpaid. Statement of account The following summary statement shows the transactions applied to your account since the PCN was issued by our client:   Statement for the period: 18 January 2017 to 20 September 2021   Principal Debt £70.00 Total Payments £0.00 Total Adjustments £0.00 Total Interests £0.00 Total Debt Recovery Costs £54.00 Current Balance £124.00 Our client’s entitlement to the total debt recovery costs referred to in the table above is expressed in the Terms and Conditions, which you accepted upon entering the Site. Such costs are recoverable in any event under the relevant Parking Code(s) of Practice. Warning of court proceedings If payment or a response is not received from you by 20 October 2021 we are instructed to issue a County Court claim without further reference to you, together with applying the interest, fees and costs highlighted above. If payment or a response is not received following a County Court claim, a County Court Judgment ("CCJ") may be entered against you. If a CCJ were to be entered, it would be recorded on your credit file for 6 years unless you pay the Judgment debt in full within a month of the CCJ being entered. A CCJ on your credit file may affect your ability to obtain future credit. If a CCJ were to be entered and you were to fail to comply with the CCJ order, we may apply to the County Court to take further enforcement action which you would be notified of separately. We look forward to hearing from you Our helpful team would like to work with you to reach a solution without the need for Court proceedings to be issued and it is therefore important that you get in touch before 20 October 2021. Yours sincerely, BW Legal bw legal N.B. To opt out of email communication from BW Legal please reply to this email quoting reference "XXX" BW Legal Registered Office: Enterprise House, Apex View, Leeds, West Yorkshire, LS11 9BH T: 0113 487 0430 F: 0333 370 0107 DX 716921 Leeds 39 BW Legal is a trading style of BW Legal Services Limited which is a company registered in England and Wales under Company Registration No: 07966978 Authorised and Regulated by the Solicitors Regulatory Authority under No: 569773 Authorised and Regulated by the Financial Conduct Authority in respect of consumer debt collection under Reg No: 619068 VAT Registration No: 971 8540 92  
  • Recommended Topics

  • Our picks

  • Recommended Topics

Rosie vs MBNA - Advice needed


rosierose
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5297 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 62
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • 2 weeks later...
Update.

 

Trading Standards have been informed of the breaches of the DCA under the CCA (non-compliance with s78 request), Administration of Justice Act (debt harassment), Malicious Communications Act (causing alarm/distress in letter) and seem to agree with my interpretation of the law.

 

The DCA have been informed of the relevant offences and breaches and I await their reply.

 

Incidentally, I spoke to a consumer law solicitor a while back who confirmed current thinking here, i.e., that once an offence has been committed by a creditor under sections 77-79, 110 etc., of the CCA that enforcement by a court was not common and that repayment of money paid by a debtor was a more likely outcome.

 

Rosie, would this last paragraph apply even though they provide the agreement outside the 12 days + 1 month limit ?

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Link to post
Share on other sites

I have to agree with a lot of what you say Rosie, I'm not overly impressed with the knowledge or understanding of some so called experts.

 

Until such time as we find some that do know what they are talking about I guess it's business as usual and put these matters before a judge in court.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Link to post
Share on other sites

Guest Battleaxe

Rosie,

 

This is is interesting . MBNA are sailing close to the Death Zone regarding my CCA on our credit card. Maybe this is why all the threatening letters have ceased.

 

Oh how silly of you to send your s78 request to the wrong office, they will try anything.

Link to post
Share on other sites

Rosie is the DCA in question here either Link Financial or Asset Link Capital (no1). If so and you have any information about either of them can you email it to me please. You have my private email address I believe.

 

This crowd of muppets are already in my sights and heading rapidly into my version of Battleaxes death zone.:D

 

Quick update.

 

Trading standards rang today regarding the DCA s78 offence.

 

He was a bit unsure of the meaning of the s189 definition of "creditor," and whether I should have sent the CCA request to MBNA rather than the DCA. I contended that only "the rights and duties under the agreement" can possibly confer the right to enforce a debt and as such it was sent to the correct company.

 

He didn't really know but has passed the matter to the OFT for clarification; who are currently investigating our friends at Link Financial on "a number of matters."

 

Oh yes... Letter sent by the DCA claiming I made the s78 request to the wrong office. I wrote telling them they are a body corporate and responsible under the Act.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Link to post
Share on other sites

  • 1 month later...
  • 2 weeks later...
me too!

 

Me too!

 

Wotcha Bird!!!!:D

  • Haha 1

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

Link to post
Share on other sites

ha! - knew Corn would jump on this MBNA bandwagon. (Hey I've gone platinum now:wink: )

 

We're an enthusiastic bunch!!!!:D

 

What do you have to do to get green blobs?! I've only got one and am a bit jealous!!!!:o

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

Link to post
Share on other sites

Guest Battleaxe

Don't worry about your scales being clicked. I have about 271 rep points and only three emeralds. I don't mind. I am willing to share what I have learnt, I am willing to help people as people have helped me. I know someone tried to get some emeralds for as person and this led to war of words, feeling got huirt and these people don't seems to post as often.

Link to post
Share on other sites

Well, I've got three! So I must be very important and you must all do as I say :p

 

 

or you'll scweam and scweam and scweam until you're sthick!!!:D

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

Link to post
Share on other sites

I've only got 1 as well:( We're obviously not helpful enough or we're nor asking people to click our scales!

 

Well I would have to beg to differ Bird! Shocking! I think we are very helpful and often bring frivolous rudeness to threads!:D

 

Nudge.......get Rosie........:rolleyes::D

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

Link to post
Share on other sites

Don't worry about your scales being clicked. I have about 271 rep points and only three emeralds. I don't mind. I am willing to share what I have learnt, I am willing to help people as people have helped me. I know someone tried to get some emeralds for as person and this led to war of words, feeling got huirt and these people don't seems to post as often.

 

BA, thanks for the click! I feel like a petulant child now!:lol:

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...