Jump to content


  • Tweets

  • Posts

    • Our price is the same all day, but varies day to day. Yes there's a risk of high prices but it has never gone above SVR any time since I signed up. Last 30 days average 17.67p/kWh, max 20.67 and lowest was 11.83.  It saved just under £300 during 2023.  
    • It you had E7 in the past but have converted to single rate then the meter will still hold the last recorded Night readings. This introduces scope for error when manually reading. If the meter has only ever been used on single rate then there's only one figure that can be taken. For example ours shows "Rate 1" reading and a "Total import" reading, but they both give the sme figure. If it has ever been on E7 the total will be higher, including the retained night reading.
    • okay, perfect and thank you so much for the help once again. so firstly i am going to initiate the breathing space, during this time it's likely ill receive a default. when i receive the default are you aware of how long it will take for me to know whether the OC have sold it off to DCAs? Once it's with the DCAs i do not need to worry as they cannot issue a CCJ only the OCs can Even if i decide to come an arrangement with the DCAs no point as the default will remain for 6 years paid or not paid I should only consider repayment if the OC still won the debt and then issue a CCJ? Just to confirm the default will not be seen after 6 years? No one can tell I had one then after 6 years ill be all good?
    • I'm not sure we were on standard tariffs - I've uploaded as many proofs as I can for the ombudsman - ovo called last night uping the compensation to 100 from 50 pounds for the slip in customer service however they won't acknowledge the the problem them not acknowledging a fault has caused nor are they willing to remedy anything as they won't accept the meter or formula was wrong.   I'd appreciate more details on the economy 7 approach and I'll update the ombudsman with any information you can share. 
    • To re-iterate and highlight my urgent question on this one: The N24 from the court did not include any instructions to submit paperwork 28 days before the date, unlike the N157 received for other smaller claims. Do I have to submit a WS for this court date? Link has!...
  • 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/MBNA


foxyflugel
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4821 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

This thread will help you, but it was posted before the Carey v HSBC case in December 2009, so may need updating.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

  • 2 weeks later...

Look at the Terms and Conditions of use.

 

In section 5 it lays out the minimum payments except as mentioned in clauses 9.4, 10.5 and 10.6.

 

These clauses are not mentioned anywhere in the documentation.

 

Minimum payments are a prescribed term.

 

I wonder what clauses 9.4, 10.5 and 10.6 said? Maybe they said you don't have to pay anything when the day has a "y" in it.

Link to post
Share on other sites

If only Macie :D Thanks very much for your input into my thread. I thought no-one was ever going to help me.

 

What do I do now then? because that is all that they have sent me. Does that mean that if they have more documentation containing these terms that are missing that it is then enforcable?. Does what you are saying make it unenforcable then??

Link to post
Share on other sites

You only posted the agreement. What is your situation and what do you hope to achieve?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

That is all they sent me Caro. I was curious to see if was enforceable or not - like others on the site. Any help would be greatly appreciated as I don't want to do anything and be completely wrong about enforceability.:eek:

Link to post
Share on other sites

Hello foxyflugel,

 

May I just remind that CAG is set up as a self-help site.

 

If you search the site then you should find the answers you need without resorting to request the assistance of the Site Team.

 

Caro has asked some simple questions which remain unanswered.

 

Have a look at these links which may help you understand the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

Consumer Credit Agreements

 

I'm sure that you have done some research on the subject and will know that it will be you who has to explain the technical points of Consumer Credit law to a Judge.

 

The better you know your case, the better prepared you will be.

 

Why not examine your agreement against the advice given in the links and post up what points of contention you observe.

 

Link to post
Share on other sites

Thanks for your reply Supasnooper. I have answered Caro's questions in my previous post - and whilst I appreciate that CAG is a self help site - I have spent hours upon hours trawling through the site and reading various posts and still feel unsure of my agreements enforceability. Other people on here appear to get help from forumers and I clicked on the sign for site team help as this is what another forumer suggested to someone else in my position. Apologies for bothering you.

Link to post
Share on other sites

That is all they sent me Caro. I was curious to see if was enforceable or not - like others on the site. Any help would be greatly appreciated as I don't want to do anything and be completely wrong about enforceability.:eek:

 

I'm not clear why they sent you the agreement.

 

For example did you send a CCA request, or are you making a claim against MBNA. or are MBNA claiming from you?

 

Without knowing what you are trying to achieve it's hard for anyone to advise.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

I'll move the thread to Legal Issues where you may get more informed assistance.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

  • 3 months later...

Hi -

 

 

MBNA have sent me a DN dated 7th July 2010

 

 

- envelope has an S where stamp should be (I've read this means 2nd class)

 

 

and the remedy date given is 26th July 2010.

 

 

Is this correct??

 

 

Does Saturday count as a working day??

 

 

because if it doesn't I make this 2 days out.

Link to post
Share on other sites

  • 2 weeks later...

HI everyone - just an update. It is now past the 26th July (date to remedy default by) and I have had no correspondence from MBNA or Abbey. Do I need to do anything or just sit tight? Many thanks in advance.

Link to post
Share on other sites

  • 6 months later...

HI guys,

 

Haven't been on here for a while.

 

 

the supposed CCA that MBNA have sent me appears to be unenforceable (reading through the other posts where the docs are exactly the ame as mine).

 

Have sent a/c in dispute letters etc and received various letters from the usual DCAs threatening various actions

- Experto Credite etc - (none have happened) - this has been going on for approx 18 months.

 

Today, I have received a letter which I don't really get tbh - is it just another way to try and panick me??

 

It states :-

 

PLease be advised by section 62 of the CCA 1974 act,

when an unexecuted agreement is sent to a customer for their signature,

a copy of that unexecuted agreement must also be sent to them at the same time.

 

By section 63 (4) CCA, a copy of the executed agreement must be given to the customer,

the timing of which may be when the credit card is given to the customer .

 

Our systems and processes are set up to ensure that both of these requirements are met

and we see no reason why these requirements would not have been met in your case.

 

MBNA blah blah are satisfied that the regulated credit agreement into which we entered with you satisfies

all relevant legal and regulatory requirements.

As such, there is no need to seek an enforcement order to exercise our rights.

 

Any ideas anyone??

 

I've searched and cannot find anyone else that has posted about receiving such a letter.

 

Any help would be gratefully received.

 

Thanks in advance.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...