Jump to content


  • Tweets

  • Posts

    • Good morning.    I would like some advice please.    I recently (19th nov) bought a Samsung Galaxy S20+ from currys. I did open and set up the phone to try it out but 1) wasn’t keen on it and 2) had trouble with the usb connection when trying to connect with my car stereo.   I decided that I would seek to return it, but only on trying to return it came across the stipulation that if data/software has been installed then a refund would not be issued and after calling was told this was due to GDPR. I did point out to them that phone providers will issue full refunds even if the phone has been set-up and also that in order to be able to test the phone it requires setting up and software/data being installed but was told that it’s their policy.   I acknowledge that I may have handled it more than is reasonable in a shop as you wouldn’t be able to install software in a store, however the phone did need to be set up in order to test it, the phone has been returned back to factory settings and didn’t leave a case or the plastic film for the two days I used it for. Therefore I do not believe it was handled more than necessary.   Having looked at the CCR and CRA I called back to state that their store policy is super erred by the previously mentioned regulations and that their policy contradicts the Consumer Regulations Act.   As you cannot properly test the phone without having to install software on it, their policy creates an unfair term which I told the customer service agent over the phone who spoke to her manager and told me to contact their legal department.   I am still within the 14 day notice of return period so wish to try and preferable use this route.   Any advice at all please?
    • Here is all the details (hopefully) in one post.   The Ford Kuga was purchased from Fast Motor Finance LTD Crawley on 8th September 20 Mileage at purchase was 109520 through HP fiancé via Advance Finance Grimsby   The car was covered by a 6 month warranty that includes engine & gearbox but excludes clutches, flywheels or any wear & tear (Taken from the garages website)    Service History:   08-04-2013 Pre-delivery Inspection 26-11-2013 12809 Service (no paperwork just stamped book) 09-07-2014 25963 Service (no paperwork just stamped book) 09-02-2015 36814 Service (first Invoiced service but no paperwork just stamped book). Gearbox service would of probably been done here but can't verify. 16-02-2016 50385 Service  (Full service, paperwork and stamped book) 31-03-2017 64680 Service (Full Service, paperwork & stamped book) 13-02-2018 76988 Service ( Full service with gearbox service, paperwork & book stamp) 29-03-2019 92592 Service (Full service with paperwork & book stamp) 11-02-2020 106322 Service (Basic Service, no paperwork but book stamp)   As there was no paperwork for last service the garage which serviced the car were able to email over that the service was a basic oil & water change and that the gearbox oil and filters was not changed.   At the beginning of November the gearbox started making some noise and was having trouble selecting gear.   The finance company  asked for the car to be taken to a VAT registered garage to find out what the problem was and not to drive it further.   After the garage looked at the car the estimate was for a full service of the gearbox which would be £370 but because it had gone over Ford recommended mileage for the gearbox there would be no guarantee this would clear the problem and that would mean a replacement gearbox would be needed.   Since picking the car up in September the car has driven 1500 miles.   Spoke to the garage as was informed that the car was over 30 days old and there was nothing they could do and the gearbox would not be covered by the warranty as this would be normal wear and tear!   The warranty company said exactly the same and would not entertain us.   After countless calls and emails to Advantage finance a formal complaint was raised and they finally agreed to send one of their mechanics to inspect the car last week 19th November. The mechanics ahs reported back to Advantage that the noise is down to wear and tear and Advantage have closed the complaint and are sending out a deadlock letter that includes a copy of the mechanics report.   Would their mechanic have to be DEKRA registered to complete the report or Advance Finance own mechanic?   This now means that the car cannot be driven is still at the garage and will need a minimum of £370 to make it driveable on a car that has been driven 1500 miles since collection without a guarantee that this will cure the problem.   We are both key workers that need the car to travel to and from work as well as take our son to nursery, and at the moment having to rely of friends and family to help out with lifts.   I have spoken to Ford and they have told me these car need to have the gearbox serviced at around 35k and at a very maximum of 37.5k and have put this on letterheaded paper, I have also emailed a couple of other Ford and independent dealers to get details of this as well.   Would it be worth getting an AA or RAC inspection done to check the gearbox and to see if there is any other problems with the car.   Thanks again to everyone epically dx & Bank fodder who have helped me with advice.   JJ    
    • nothing they can do anyway so..   dx
    • I've successfully had a Claim discontinued using the exact stages recommended by Andy and DX. They are outstanding individuals in the fight against these dreadful DCA's! Good luck.   'L' will likely pull out at the eleventh hour but mean time try to fob you off with bank giro slip copies as Contract proof lol. Stand your ground!   Also my Letter Before Action actually came AFTER the  Money claim. They can't even get the pre-action protocol right.   Another thing they tried was pretending to send papers that looked like they were from the court for me to sign re: Claims Track.. Boxes had been pre-checked by them to dupe me into signing their preferred action. I printed out my own and sent those to the court instead. 
    • Talks about borrowing £30m have reportedly failed, potentially putting 15,000 jobs at risk. View the full article
  • Our picks

AKTIV KAPITAL Claimform old MBNA CC 'debt'


Please note that this topic has not had any new posts for the last 2328 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

Hi all, j

ust received a claim for an old disputed CC and

having not looked at the forum for a while could do with some up to date help.

 

Details as follows

 

Name of Claimant : AKTIV KAPITAL PORTFOLIO AS ZUG BRANCH

Date of Issue: 13th May 2014.

Acknowledge by (+19 Days): Sunday 1st June 2014

Defence By (33 Days) : Saturday 14th June 2014

 

Paticulars of Claim:

The claimant claims the sum of 3,827 for debt and interest.

 

On 21/05/2005 the defendant entered into an agreement with MBNA for a credit card under reference XXXXX.

 

On 31/08/2009 the defendant defaulted on the agreement with an outstanding balance of 3,258.

 

On 22/09/09 the debt of 3,257 was assigned to Varde Investments (Ireland) Ltd,

who itself assigned the debt to Aktiv Kapital Portfolio AS Zug branch on 03/03/12.

 

Notices of Assignment were sent to the defendant in accordance with s136 Law of Property Act 1925.

 

AND THE CLAIMANT CLAIMS

1. The sum of 3,257

2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum

from 3/3/12 to 12/5/14 571, & thereafter at a daily rate OF 0.71 until judgement or sooner payment

 

Amount Claimed : 3828

Court Fee : 185

Solicitors Cost : 80

Total : 4093

 

The claim is for an old credit card account started in 2005.

 

Only received the first notice of assignment when requested, a letter from MBNA saying debt was assigned.

 

Received a letter from Akticv capital on 9/3/12 to state they had purchased debt but no confirmation from Varde Investments.

 

Default notice from original creditor dated 9th September 2009.

It claimed payment of full amount rather than arrears

so sent a formal complaint to MBNA dated 10th October 2009

stating they had unlawfully terminated the agreement

and I viewed the agreement as terminated as of 7th September 2009.

 

Have not received any notices of default sums,

 

received a notice of arrears 27/10/11 from Varde and initially a notice of sums in arrears from MBNA dated July 15 2009.

 

Having agreed to token payments and had interest frozen

ceased payments following invalid default dated 9th September 2009.

 

To date have received no response from MBNA regarding this letter.

The dispute therefore is ongoing.

 

Additional.

 

Signed up for this card at a football match and the application was filled in by the agent.

 

Initial letter from MBNA states the agreement signed complies with previous regulations not current.

 

Does that make it unenforceable as not compliant with regulations at the time.

 

Anyway any more info or copies of documents I am happy to help and hope the good people of CAG can help me

Link to post
Share on other sites

Hi myboro

 

If you could read and complete the following not already provided above to assist in advising you further.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Hi Andy,

 

I thought I had included all the info in the post and would appreciate any help anyone can give.

Paticularly regards embarrased defence while awaiting documents. Then think its on an unenforceable agreement and dodgy DN but only time will see.

 

Did raise the dispute with MBNA origionally but they just sold the debt, raised with DCA and told them date of dispute they then sold it again !!

Link to post
Share on other sites

have you done a cca request, and now a CPR 31.14 request (is small claims re cpr, but worth a try)?

do a 'normal' defence (rather than an 'embarrassed' one) when/if the time comes, the issues can still be mentioned in defence. have a read round similar recent threads, see eg's of defences used. stick to court deadlines.

any missold ppi?

IMO

:-):rant:

 

Link to post
Share on other sites

Also do you have your statements and how much int he way of penalty charges are on there. If theres time someone migthbe able to help you out with a counter claim.

 

If not you will want to SAR the OC and get everything so you can prepare a claim for unlawfull penalty charges and interest in restitution that may further reduce the balance.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

we don't recommend using the embarrassed defence route anymore

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
  • 1 month later...

Hi All,

 

Ok defence went in fairly standard denial and asked for stricktest proof of claim. Agreement received but how do I request the origional be produced for court. The agreement was signed in 2005 and received a letter from MBNA with card which stated

"New Consumer Credit regulations governing the form and content of your agreement have been introduced recently. If the agreement you signed complied with previous regulations, the layout of this copy of the terms and conditions will appear diffrent as they have been changed to the layout of the new regulations."

 

Seems importasnt to push for the origional agreement anyone any idea how to do this. Allocation questionaire due on 17th is it possible to do this now?

Link to post
Share on other sites

Responding to your PM.

 

If your defence put the claimant to strict proof to disclose the agreement and you have been allocated with directions....then they must disclose the original agreement.This disclosure was it of their own accord or the courts?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Hi Andy and thanks,

 

defence stated

As to the first sentence of Claimant’s statement of case; It is agreed that I entered into the agreement on the 21st May 2005 as stated in the Claimant’s statement of case. It is denied that the agreement complies with s.61 of the CCA Act 1974 (as amended) and the Claimant is put to the strictest of proof in establishing the contrary of my contention as to this element of his claim

 

Have received a copy of the agreement, but they just attach terms and conditions. Is it possible to request the origional at this stage. Currently need to complete Small Claims Directions Questionnaire and wondered if draft directions were the way to go.

 

Thanks for all your help

Link to post
Share on other sites

The court should direct disclosure of the original with their directions......you cant issue directions on SCT.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...