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    • The date the bailiff came into my house was 12th Oct 2020 at 13:11pm
    • Thanks for replying, i informed the seller in December 20, they initially sent me the email below.   ""With reference to your valued order and our recent inspection of your images. We have now investigated your concerns and can confirm that there are no manufacturing defects present and your carpet is reacting normally. The change of appearance of your carpet is due to the way in which the pile has settled unevenly with use and can show in some areas more than others. This is caused by the heavy traffic concentrated onto a small area coupled with the twisting of feet as you turn. All carpets have places where it is walked on more than others. This is a normal characteristic of any carpet and pile reversal and pile compression is not considered a manufacturing defect and is a natural occurrence in any carpet with some showing the effect more than others In way of a more detailed explanation it is the sides of the tufts of your carpet that appear a lighter, more silvery shade than when the tufts are viewed end-on. As the pile settles, lighter and darker patches develop depending on the angle of the pile. It is quite common for pile to settle in different directions to the normal pile lay as foot traffic bends the pile different ways and this will dull the appearance and will distort very slightly the appearance as you must appreciate. The angle of the pile has no effect on the durability of the carpet and we are confident it will continue to give you many years of satisfactory service. This effect can be rejuvenated to a degree by regular use of a vacuum cleaner with a rotating brush mechanism on the head In conclusion, we would confirm there are no manufacturing defects present with your carpet and we hope our explanation will further clarify your understanding of the carpet’s characteristics.""     i objected to their explanation and they have agreed to send one of their surveyors when restrictions are lifted, my stance if they say there is no fault then surely the carpet does not posses reasonable durability based on the purchase price.   Thanks
    • Marsdens did not even acknowledge any of the letters. I think they ignore them so people get bored. I am just thankful that it was not me who owed the money. I do not know what I would have done. Do they usually collect debts from at least 8 years ago? I am just getting the date from my son he has the cctv record. I really wanted to know if they were allowed to go into an address that had nothing to do with the debt. Mostly because I am afraid anyone can just walk into my home. My daughter moved into the property 6 years ago . The man Richard whos name was on the paperwork moved out of that property approx 8 ytars ago. He never lived at my address.
    • Ok thanks. Understand, i thought it added to the time, so if held up in court you added that to your time. Assuming its discontinued
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

AK/Judge & Priestley - claimform - old MBNA card 'debt'


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I've been looking for the CPR letter but can't find it, can you point me in the right direction?

 

I sent them the dispute letter before I got the application form and T&C's posted above

 

Sorry I meant delaying tactics in keeping MBNA at bay

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here you go, read through and amend to suit, also so you understand what youre going to do here. Remember, theres no point in sending this, if youre not fully prepared to back up.

 

Dear Sirs

 

Account number

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.Additionally i require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker

 

(If you have any other reasons why you need the agreement such as misselling of PPI Add it here)

 

obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and would ask for a response by XXXX Date ( Give 21 days to respond)

 

 

Regards

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Red have a look at the response posted to my question about mbnacca please look, clemma has posted a response that may be helpful to you as well, by the way the signatures from mbna on your form and mine are the same person she must be very busy!

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IIRC shouldn't the CPR only be used once court proceedings have been instigated?

 

In my humble opinion (and I must stress, it is just an opinion) what they have sent you is a pre-contractual document.

 

There are certain situations in which an application form can double as a credit agreement, but the terms and titles are clearly prescribed and offer no room for manouvre; the first thing that springs to mind without getting too deep is that it needs to be titled 'Credit Card Agreement Regulated by the Consumer Credit Act" - or there abouts- can't remember the exact wording but there are loads of thread about it on here. The word 'Card' being omitted could prove fatal if they hope to use it as a credit agreement.

 

Also, there really is nothing to connect what they say is on the front to what they say was on the back- no 't&c's overleaf', pto etc. They would have to prove that they were, in fact, on the same document (within the four corners).

 

So, to sum up- and I'm prepared to be corrected as many on here have far superior knowledge, and there's no way that I'd ever want to advise anyone wrongly;

 

*Title incorrect for use as a Credit Agreement

*They would have to link the front to the back

*Conditions on the back refer to numbers and letters that appear to be in other documents - ie not within 4 corners

*Cancellation - from memory they have to give clear instructions of right to cancel, supplying them under separate cover doesn't seem appropriate somehow.

 

Personally, I don't think this in enforceable. Once again, this is just my opinion.

 

They will threaten and posture until the cows come home, and your intention to settle wouldn't necessarily get the result you want as theey seem to like short settlements then sell the balance, so be very careful.

 

You will get to a point where you get sick of writing and trying to get your point across- and just sit back, like I have, and wait for it to come to a head.

 

Hope this helps :)

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  • 4 weeks later...

Hi all,

 

I posted this before but in the wrong section of the forum, could someone kindly take a look at this and let me know what they think.

 

I think this is another copy and paste jobby as the handwritten reference starting 2602 is in two different handwritings. Also the T's & C's are pretty much illegible and I'm struggling to read what they even say

 

Something I also noticed, which may bear no relevance whatsoever, is that I didn't actually tick the box saying I wanted the credit card....

 

TIA!

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I have read on other threads its an application form not an agreement. don't quote me just stumbled on to it after a couple of bevvies. Could be worth a search, can't think who is the expert is on this but it will come to me and I will let you know:)

If you feel I have helped please tickle my scales;)

 

 

MBNA - Ongoing

Egg Loan - Ongoing

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I could use some help with this.....MBNA have called again today and I spoke to them. The numpty on the phone first of all claims they didn't receive my request for it then goes on to say they sent the credit agreement late January.....once again wrong!! They sent the above in March

 

She then went on to tell me I needed to pay and I stated that until I receive the credit agreement I am under no obligation to pay anything and I knew my legal rights. She said they would continue to add interest and charges to which I replied they were in breach of the law by doing so and she said they could do that as I wasn't paying

 

Numpty then stated that if I continue to not pay they will sell the debt to a DCA in the next two months and will register a default against me.

 

I said "Ok thank you" and hung up

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I think I am just a little further down the road than you

 

Most likely they will threaten a bit more and then offer you a ' partial settlement'

That when you will have to nail them down to a written offer you are happy with if you want to settle.

I think they wont put ' full and final ' in writing though but maybe you can get it in writing that they wont sell on the remainder.

I have no idea though if such a letter would stand up in court if they then did sell it on maybe someone will advise about that.

 

My letter has not yet appeared !

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Thats exactly what I received, mine was taken out in 1997.

 

As I understand it, there are several problems with it..

 

 

  • the title isn't correct for it to double as a CCA
  • there's no reference to there being anything on the other side
  • there's no credit limit, which is a 'prescribed term'

I stopped paying in November when they sent that, and I've received nothing more convincing with an SAR.

 

They've passed it to RMA and a couple of others but its in limbo at the moment- they're still adding charges and interest etc, and I'm fairly sure they'll default it shortly.

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Its hard to read the T&C's but if your original credit limit was £4400 then there is no rate of interest for your credit limit.

 

There is a good thread im subbed too below that explains most things about MBNA's wrong doings.

 

paperclip.gif All MBNA Caggers Fight Against MBNA's underhand tactics (multipage.gif1 2 3 4 5 ... Last Page)

 

Have a read through that when you get time. PT's exellent posts explain about the rate of interest and other issues.

 

GG

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  • 5 years later...

Hi all,

 

I hope you can help

 

I wasn't working for a period of time back in 2009

 

 

contacted MBNA to ask if I could reduce payments,

 

 

as expected their response was no.

 

 

I had no money to pay so stopped paying.

 

 

Over the next five years I had a few threat letters from different collection companies but they would stop and then sell to someone else.

 

Last week I received a county court summons from Northampton court sent by Aktiv Capital.

 

I would be really grateful for some help on this.

 

 

I need to get my response to the court by 8th November and really don't know what to do

 

Thanks in advance

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

 

please fill the above out

and paste the results here

 

several threads merged for history

 

looks like it should be easy to contest as MBNA have never supplied you with a CCA

so I doubt A Kleeners will. either.

 

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... 

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