Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Arrow Global/ Bryan Carter - MBNA Debt


abgm74
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3469 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

it does state that it was sold to arrow back in 2006, but could mbna sell the account to arrow without a issuing a default notice on me?

No the process is pretty well fool proof DN sent, not satisfied account terminated and sold on.

From what you say the document provided is a very poor effort at producing a " reconstituted agreement and it does not satisfy a CCA request, it should be rejected as non compliant.

 

 

Agreements don't have to be supplied with a SAR, and the deed of assignment is the contract of sale between the creditor and the debt purchaser and is confidential.

 

 

A recon agreement must have>

Your name and address at the inception of the account, ditto for the creditor.

The Ts & Cs in force at inception and closure of the account.

All material amendments to the Ts & Cs during the life of the agreement.

Any document (s) mentioned in the Ts & Cs.

 

 

If any part is not present the recon fails.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Hi Brigadier thanks for replying,

 

 

shall I write to Arrow stating that,

 

 

I will not make any proposal of payment unless you comply fully with the CCA request,

 

 

the document you have sent is just a priority request form with my name and address typed on,

 

 

it is a foldable application form with the address on the back

 

 

but it did not have the terms and conditions.

 

 

the assignment or the statement of account.?

 

If MBNA or Arrow did not issue a default notice then can they go to court without one?

Link to post
Share on other sites

Hi Brigadier thanks for replying, shall I write to Arrow stating that, I will not make any proposal of payment unless you comply fully with the CCA request, the document you have sent is just a priority request form with my name and address typed on, it is a foldable application form with the address on the back but it did not have the terms and conditions. also I have not received from you or MBNA the default notice, the assignment or the statement of account.?

 

 

If MBNA or Arrow did not issue a default notice then can they go to court without one?

 

 

 

 

Just reject is as non compliant they know it is and are chancing that you don't.

 

 

e.g.

 

 

Thank you for your response to my CCA request dated xx/xx/xxxx please note the document supplied does not meet the requirements of the request as a copy or a reconstruction of the original agreement and it is therefore rejected and this

alleged debt remains unenforceable via the court system.

 

 

Make them do the work!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

thank you very much brigadier, I will write to them tomorrow

 

 

1 more question though can arrow default me now if I don't start making payments? because I don't think the original creditor has defaulted me and its not on the sar

Link to post
Share on other sites

thank you very much brigadier, I will write to them tomorrow

 

 

1 more question though can arrow default me now if I don't start making payments? because I don't think the original creditor has defaulted me and its not on the sar

 

 

No most certainly they cannot default anything the default was placed by the original creditor and there can never be another one.

 

 

The DN will have been issued by the creditor, you did not satisfy the default, so the account was defaulted by the creditor then sold.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

the bottom line is

like 10'000's of others

 

 

you've been cash cowed blind by the DCA industry

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

it does state that it was sold to arrow back in 2006, but could mbna sell the account to arrow without a issuing a default notice on me?

 

MBNA have sometimes done precisely this. I kept as proof a copy of docs Hello/Goodbye > post- assignment D N. For a while, basically the mid-noughties, it was not unusual.

 

However, this is not to say your account was definitely one of them.

Link to post
Share on other sites

MBNA have sometimes done precisely this. I kept as proof a copy of docs Hello/Goodbye > post- assignment D N. For a while, basically the mid-noughties, it was not unusual.

 

However, this is not to say your account was definitely one of them.

Don't worry about any further defaults happening now or in the future it's not going to happen!

Even if it did it is very easy to challenge.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Why? I mean why write?

 

Simple fact is they have no compliant CCA so they've conjured up a pathetically useless reconstruction. Moreover, it appears MBNA did not issue a default notice and cannot do so now, Arrow even less.

 

They will almost certainly not give up at this stage, but no need for you to write. All it does is alert them to the fact that their garbage is getting to you.

 

By all means write if you enjoy it, but not if you think it will keep these idiots at bay. They'll continue trying regardless, but far better not to assist by telling them what they have or haven't done right.

 

With the present state of affairs regarding the CCA and default notice, they've just about no chance of obtaining a CCJ.

Link to post
Share on other sites

Thanks for all the reply's, In this case I will write to them and prove to them that I am aware of their actions and capable of fighting off these hyena's.

 

 

Thanks

 

You shouldn't be entering into letter tennis with these people for a failed CCA request. They know full well it doesn't comply.

 

There is no sanction for them other than them being unable to enforce in court.

 

Save your paper and stamps.

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...