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    • Hello.  Do you mean the first notice to keeper? That was the 12th July.  Notice to driver via ticket 5th April.  The driver didn't have a permit. The car park was entered thinking the sign directly in front of the car belonging to local council was for that space (the photos are in post 6).  There was a sign on the wall but wasn't clear when driving in to the car park. It is in post 6 and on the wall. The "entrance" is just a gap in the walkway from the road.    I have sent the original ticket across. 
    • p'haps not the best thing to do just use the N244.and the ex160 let them sort it out don't complicate things..   don't worry about the bailiffs there isn't really anything they can do there is no right of forced entry upon consumer debt CCJ enforcement.    
    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
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MBNA Credit Card Penalty Charges, Late Fees, Overlimit Fees

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Hello Everyone,

 

I had an MBNA Credit Card in the early 90's. I have recently started reading about reclaiming the "penalty charges" and looked through some old paperwork I have. I have managed to find a few statements where these "fees" were applied.

 

I have sent them a SAR and was wondering if they will come back with all the statements from the start date of the account or whether I will be told that they don't have them. I should state that I am still paying the debt off to a 3rd party to this date.

 

I hope someone can help me with this.

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Await the SAR and see what they send you. They may claim that they have no data beyond six years although we believe that they do.

 

I doubt very much that you will get all statements back to the early 90's though.

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urm.

 

you wont get penalty charges of that era out of MBNA

 

of all the CCC's the worse

 

none as far as i know are coughing beyond 6yrs without a fight in court.

 

dx


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urm.

 

you wont get penalty charges of that era out of MBNA

 

of all the CCC's the worse

 

none as far as i know are coughing beyond 6yrs without a fight in court.

 

dx

 

Hello dx,

 

I presume a fight in court means fees and also end up paying their costs if I lose?

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Hello dx,

 

I presume a fight in court means fees and also end up paying their costs if I lose?

 

Much depends on the value of your claim. If it falls within small claims then there are fees payable for starting proceedings but exposure to the other side's costs is minimal should you lose.

 

I would wait until you get your data, prepare a spreadsheet of claim and then you will know how much the claim is for.

 

If going back further than six years you will rely on S32(1)© Limitations Act.

 

There is no guarantee that the charges in the last six years will be refunded easily...you may still have to fight for them.


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1. Single Premium PPI Q&A Read Here

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7. Thinking of a Full & Final Settlement?

Read Here

 

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Much depends on the value of your claim. If it falls within small claims then there are fees payable for starting proceedings but exposure to the other side's costs is minimal should you lose.

 

I would wait until you get your data, prepare a spreadsheet of claim and then you will know how much the claim is for.

 

If going back further than six years you will rely on S32(1)© Limitations Act.

 

There is no guarantee that the charges in the last six years will be refunded easily...you may still have to fight for them.

 

Thank you kindly again ims.

 

Just a thought, would the ombudsman look into these types of claims or would it have to go to court due to the statute of limitations?

 

I will of course heed your advice and wait for any paperwork that might be supplied.

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fos are not generally the best people to go to regarding charges claims. They tend to think tat the OFT decision on charges is the one to adhere to i.e that £12 is acceptable.

 

It isn't....the OFT simply said they would not investigate charges over £12 but only a court could decide on a test of fairness.

 

As the charges are not a true pre-estimate of the costs incurred by the lender then they are a penalty and can be reclaimed.

 

Do some more reading around the bank forums and you will get up to speed on why they are a penalty, the reclaim process and the interest rates than can be used.

 

Also have a look at the success stories in the various bank forums.

 

If a charge was incurred more than six years ago then fos will be even less interested.

 

This is something best done by yourself using the courts.

 

Please be aware that although some lenders cave in before a court hearing, if you are going to pursue this you need to work on the basis that you will need to issue proceedings and will need to appear in front of a judge to put your case.

 

The key is preparation, preparation and more preparation.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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fos are not generally the best people to go to regarding charges claims. They tend to think tat the OFT decision on charges is the one to adhere to i.e that £12 is acceptable.

 

It isn't....the OFT simply said they would not investigate charges over £12 but only a court could decide on a test of fairness.

 

As the charges are not a true pre-estimate of the costs incurred by the lender then they are a penalty and can be reclaimed.

 

Do some more reading around the bank forums and you will get up to speed on why they are a penalty, the reclaim process and the interest rates than can be used.

 

Also have a look at the success stories in the various bank forums.

 

If a charge was incurred more than six years ago then fos will be even less interested.

 

This is something best done by yourself using the courts.

 

Please be aware that although some lenders cave in before a court hearing, if you are going to pursue this you need to work on the basis that you will need to issue proceedings and will need to appear in front of a judge to put your case.

 

The key is preparation, preparation and more preparation.

 

Much Appreciated again Ims - will keep reading the threads, which is all I am doing at the moment!

 

The Forum is very addictive!

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