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    • i point you to two threads whereby you'll see an explanation by andy (post 22 here) https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/?tab=comments#comment-4912902   and   https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue/   if yours says:    written notice of the disposition was given to XX Council ( - disposition = sold vis: disposed of) ..... notice means letter telling them it's been sold -    doesn't say it must be paid or settled BEFORE disposition..   that's the way i read it.          
    • dx100uk   You are absolutely correct. That's exactly what the wording is! And if that's the case then - happy days for me! However, I thought that:   1. This wording meant the conveyancing solicitor had to tell the council that the house was about to be sold so they were aware!   But you are saying that the council only needs to be informed AFTER the house has been sold? Can I tell the council that? [I think I've seen something on the internet that says I can, rather than the CS] Or do I need the conveyancing solicitor to contact the council?   2. That this wording wasn't a restriction K [as I'd looked at Schedule 4 of the Standard Forms of Restriction] and tried to match my wording to those listed - and thought restriction K was the closest.     3. That this was a non-standard restriction [and that's what the Land Registry told me too and that the restriction was not a Restriction K!!! [see extract below]   Please remember that when applying for a restriction not in standard form:   it must always contain the words ‘is to be completed by  registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2 to the Land Registration Act 2002 (rule 91(3) of the Land Registration Rules 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’   So I'm confused now. IF it is a restriction K - then the conveyancing solicitor doesn't have to do anything and I can let the council know.   It seems it is dependent on the wording 'completed by registration' and 'is to be registered'???   Below is copied from Martin's MSE.   This relies again on the 'is to be registered' whereas my wording is ' completed by registration' which you say is restriction K and LR says is not.   I need to go to sleep now!   Thanks dx.   Extract from MSE below.   If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction. The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor. However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to deceive you believing you are stuck with a CO. However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them Quote: Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I/I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).        
    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
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angry cat

MBNA Europe Bank Penalty Charges & the Financial Ombudsm

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4734 days.

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Pass me the sick bucket.:mad:

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For you Rhia.....

 

bucket.jpg

 

I draw the line at holding your hair though! xx :)


Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Hi Guys

 

I have just checked the Royal Mail Track & Trace and...

My Special Delivery letter to SJ has been received.

 

"Have a Nice Day SJ"

 

Love AC

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Good good angry cat, keep us updated!


Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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I have a credit card with The Bank of Cyprus via MBNA ... which company do i go after please?

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Guest Battleaxe

MBNA is the one you go after

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Oh My God!!!

Now I am really confused...Do MBNA have a clue about what they are doing?

They are utterly shambolic!

 

On March 29 2007 I sent the following letter:-

 

Assistant Vice President

MBNA Europe Bank Limited

Chester Business Park

Stansfield Road

Chester

CH4 9FD

Dear Mr. Johnson,

 

COMPLAINT RE: ACCOUNT XXXXXXXXXX

 

I have not been provided with a copy of the true signed executed Agreement, containing all the prescribed terms, as requested by me under Section 78 of the Consumer Credit Act 1974, despite my properly formatted and paid for request dated 13 December 2006 which was received by MBNA 18 December 2006.

 

Attached is a copy letter, for your information, dated 10 February 2007 advising MBNA of its failure to comply with my request under the Section 78 Consumer Credit Act 1974 dated 13 December 2006. I have made a record of the fact that MBNA has totally ignored my above mentioned correspondence dated 10 February 2007 which is in breach of both the FSA and Banking code guidelines.

 

Take notice that MBNA are now in Default of Section 78 of the Consumer Credit Act 1974 that as the Default has continued for one month, MBNA has committed an offence under the Consumer Credit Act 1974. Note that MBNA is not entitled to enforce the alleged Agreement. I have advised my local Trading Standards, Fair Trading Officer that MBNA have committed a criminal offence by their breach of the Consumer Credit Act 1974 and that the Trading Standards, Fair Trading Officer will no doubt be in contact with MBNA shortly to investigate my concerns.

 

Please be advised that MBNA are also in breach of Section 85 of the Consumer Credit Act 1974.

 

I will now turn to MBNA’S Unlawful processing of my personal subject data to third parties. MBNA have been formally advised by me under statutory Data Protection Notices that the alleged consent to process my personal subject data to third parties, either here in the United Kingdom, or in the United States of America, obtained under duress, has been formally ‘Withdrawn’. Therefore, any breach of my Rights under Section 10 & Section 12 of the Data Protection Act 1998 regarding MBNA’s violation of my rights will be most vexatiously challenged.

 

MBNA committed an unwarranted, unjustified and wrong act in August 2006 by unlawfully putting my account into Default, MBNA registered the alleged Default with the Credit Reference Agencies…Experian, Equifax and Call Credit, even though MBNA had been notified by myself, under my Rights of the Data Protection Act 1998. However, I was not provided with a Notice of Default.

Lastly, I reject your recent attempt of intimidation by returning your recent Default Notice dated 20 March 2007. MBNA is in breach of Section 78 (6) (a) (b) of The Consumer Credit Act 1974.

 

 

 

Yours sincerely".

 

You will see from the last para of my letter that because MBUSA could not supply me with a copy of the Default dated August 2006, they decided to defaut me again!! this month of March 2007????????

 

 

I have not heard a peep out of them since?

that is until today Monday 21 May 2007, almost two months later.

 

The undated computer signed letter is as follows:-

 

"Dear AC

 

Thank you for contacting us. Your subject access request has been passed to me to respond to. (WHAT, I DIDN'T MAKE AN SAR?)

 

Under section 7 of the Data Protection Act 1998 as per your request for statement information, (I DID NOT MAKE A DPA REQUEST) please find this information enclosed.

 

We have provided this information to you free of charge.

 

YS

 

Rachel Claridge - Assistant Vice President".

 

What on earth is going on? and what did they send me-

9 pages of photocopied pages from their ledgers which relate to my statements feom August 2001 through to August 2006, thats it nothing else!?

 

I will reiterate that I had no need to make an SAR as I have all my statements, but even if I had made an SAR, what MBNA have sent me would not satisfy an SAR request from me!!!

 

All that you have to do is to click onto the above link and you will see what my letter 29 March 2007 was about...section 78 of the Consumer Credit Act 1974 and not section 7 of the Data Protection Act 1998.

 

I feel a bit like Victor Meldrew here..."I CAN'T BELIEVE IT".

 

Chester Towers must be in a Shambles.

 

Get you act together MBNA

 

AC

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Hi Guys,

 

As you are aware I sent the following letter dated 29 March 2007 to Stuart Johnson, Steve Bailey and S McEnvoy:-

 

http://www.consumeractiongroup.co.uk/forum/mbna/463-mbna-europe-bank-penalty-5.html#post685890

 

After two months I have received three letters from Rachel Claridge, yet another MBNA Assistant Vice President

 

1. 18 May 2007 -A set of ledger statements 2001 - 2006 in US Dollars and...2 days later

 

2. A set of ledger statements 2001 - 2006 in UK Pounds

 

The two communications above I am informed are the result of an SAR which I did not make.

 

Letter number 3 dated 21 May 2007

 

"Dear AC

 

Account XXXX XXXX XXXX XXXX

 

Thank you for your recent letter. (Me, it wasn't recent it was 29/03/07)

 

I note your reference to Section 85 of the Consumer Credit Act and would like to address your concerns. The copy of the credit agreement which you receive with your credit card actually serves as your copy of that agreement for the purposes of Section 85 of the Consumer Credit Act 1974. This was sent to you in the form of a "credit card mailer" and comprises a credit card which is physically attached to the copy of your agreement.

 

You may note that this copy of your credit agreement does not include a signature by or on behalf of MBNA. The signature has been deliberately omitted, as MBNA is permitted by law to serve you a copy of the credit agreement without including the signatures and certain other specified information. This does not affect the validity of the credit agreement or the copy we have served you.

 

Please be aware that we will not be removing the default from your credit file. The information we supply to the Credit Reference Agenices must be factual; the fact that you have failed to maintain contractual payments resulted in your account defaulting, it was not due to the application of fees.

 

If we do not hear from you within eight weeks of the date of this letter, we will assume that the matter is closed.

 

Yours sincerley

Rachel Claridge - Assistant Vice President".

 

You will note, that only one line of my letter dated 29 March '07 relates to S85!

However Ms. Claridge takes two para's talking about it.

Why is that do you think?

 

AC

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Guest Battleaxe

AC,

 

Write back to Ms Claridge and inform of the letter from DTI to the Hon Mr Ian McCarthy stating that a credit mailer is not acceptable as a substitute form of an agreement and then file the N1 for non-compliance regarding the Section 85 default.

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angry_cat, why don't you just go to court to obtain an Order forcing MBNA to comply with their statutory obligations and cease trying to enforce the debt (and by definition therefore to stop sharing your information with third parties and CRAs)?

Or is that just not possible?

Shouldn't it be possible to seek an injunction from the Court to force MBNA to comply with the law? If they then continued to do so they would be in contempt of court, which would be extremely serious for them.

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AC,

 

Write back to Ms Claridge and inform of the letter from DTI to the Hon Mr Ian McCarthy stating that a credit mailer is not acceptable as a substitute form of an agreement and then file the N1 for non-compliance regarding the Section 85 default.

 

Thanks Battleaxe,

I will, plus I will report MBNA's actions again to TS.

 

The weird thing is that my letter dated 29/03/07 was mainly regarding their non compliance of my S78 CCA request, in that they sent me a very iffy torn off bottom part of an application form and then...

two months later MBNA start rambling on about S85 and a credit card mailer?

they havn't sent me a credit card mailer???

I have not had an MBNA credit card since 2003 when they withdrew my credit and confiscated my cc whilst I had a PPI claim in place. Therefore what credit card mailer are they referring to? If it was the second token, I do not recall that mailer having any T&C's written upon it...it didn't, I'm sure!

 

Is it me that is confused, or are MBNA confused, perhaps they are simply trying to dig themselves out of the great big hole that, they have dug for themselves.

 

BX, for the avoidance of doubt could you kindly post the relevant DTI, Right Honourable Ian McCartney letter onto this my thread, with the kind permission of peterbard of course.

 

Love AC

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Nope it isn't you. They are in a complete state. Many on here have had confused and rambling letters often answering things they hadn't asked for. Strike whilst they're struggling.

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AC,

 

Write back to Ms Claridge and inform of the letter from DTI to the Hon Mr Ian McCarthy stating that a credit mailer is not acceptable as a substitute form of an agreement and then file the N1 for non-compliance regarding the Section 85 default.

 

 

BATTLEAXE do you know if there is a link to these letters on the internet ??


:cool: sunbathing in juan les pins de temps en temps

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Hi sorry to butt in but I am about to reclaim charges from mbna. I have an mbna credit card on which I took out PPI. 18 months ago I became ill and claimed through the PPI. My card had reached its limit but the PPI covered the minimum monthly payment. I am still claiming and on looking through my last years statements I noticed a late payment fee was applied every month of £10. This increased to £12 in the last two months. I also noticed that the premium for the insurance which is dependable upon the outstanding balance is still being deducted every month.

 

Obviously I can reclaim the late payment charges, applied because the insurance company changed the date of payment without my knowledge, but what I am wondering is can they still take insurance premiums every month while I am still ill? Because of these my monthly balance goes down very little.

 

Can anybody help?

 

P.S having taken information from your site I have managed to get refunds from NatWest,First Direct,Capital One, and LLoyds TSB and Citi card both by default at court.

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Hi nbart-

It might be a good idea to post yout question on the PPI forum.

 

However, I will try to answer your question as best I can.

 

Unfortunately, due to the manner in which MBNA had their PPI designed, it is unlikely that the balance will reduce. Meaning that they only pay out 3% of the outstanding balance monthly. Therefore if they continue to charge the monthly insurance premium plus interest, you will be left with a debt at the end of your claim

 

You must reclaim the unfair penalty fines plus interest at the contractual rate of interest which I believe is 16.9% and make sure that you work out the interest from the date each fine was levied, up until MBNA repay you the monies that are owed.

 

Lastly, MBNA will continue to take the insurance premiums every month irrespective of whether you are ill or not and unless you return to work for 6 months you will not be able to make another claim on the insurance.

 

Please refer to the which magazine "The Payment Protection Racket" and the Citizens Advice Bureaux's Super Complaint made to the OFT re PPI.

 

I am in a similar position after having claimed on the PPI, my illness became long term, I am left with a debt made up of the monthly PPI premiums plus interest.

I do not acknowledge the alledged debt but MBNA have been hounding me and no doubt will continue to do so

 

PPI is an absolute con and there are many consumers that have been left in this unenviable position

 

AC

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Thanks for your speedy reply. I will persue the charges, through the courts if necessary, it costs me very little as I am exempt from fees and have very helpful court staff. ( Penrith is a small court and service of claims etc seem to go out the same day of issue).

 

I have plenty of time since I will be incapacitated for some time. Hope your health improves ,thanks.Nick

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Hi AC

 

Any progress with MBNA

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This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4734 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
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