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    • Hello there,  I would be most grateful for any help or views on a distressing incident that occurred last summer, I can supply more info.  I am a 70 years old retired man and quite severely disabled I use a Mobilty Scooter and walking aids.  I had recently been admitted to hospital with an ongoing heart condition.     I was quite a frequent customer of my local Pub/Restaurant and I had previously submitted several verbal complaints regarding short measures of drinks.  The both managers took exception to this and told me that I was "Never happy until I found something to moan about"  The atmosphere in the Pub generally declined towards myself and I was certainly made to feel unwelcome.  Matters came to a head when I witnessed a dog, inside the Pub, attack a child (A Toddler) who had accidentally trodden on the Dog`s tail.  Fortunately the parents of the child and the owners of the dog reacted quickly and no injury occurred .  The pub was very busy at this time and the incident went somewhat unnoticed.  I brought the incident to the attention of one of the managers and he actually laughed, it was monstrous.  When the pub became quieter I remonstrated with the said manager and I stated that IMO it was dangerous to have dogs and children in such close proximity whist food is being served.  He became extremely unpleasant and told me in no uncertain terms that if I did not like it then to "Stop coming back"   Two days later whilst I was out in the next village with friends my wife rang to inform me that the Owner of the pub had called around to our home and told me wife that I was barred from the pub and to never venture there again; my wife was distressed, she never frequented the pub and the owner and my wife are not well known to each other.  It is my opinion that he had no right whatsoever, to include my wife in this matter and to do so within her own home whilst I was not present.      I returned home then went to the pub to enquire why the owner had visited my home, and upset my wife.  Whilst I was on the pub car park I was met by both the owner and the manager who both informed that I was barred as I had upset staff members.  No suitable explanation was forthcoming from the owner for the reason of his unwanted and unwelcome visit plus his aggressive manner whilst he talked down to my wife.  They both informed me that they would forcefully remove me if I did not leave the car park.   Due to the immense stress I was enduring I felt an urgent need to use the toilet, when i requested to do so I was denied.  I could not believe it, I was in such a hopeless state and was utterly distraught.  Finally I struggled out of the car park but entered the front of the pub and headed for the toilet however they caught up with me and I sat down on a stool and refused to move until i was granted access to the toilet, however they were both adamant that it would not be allowed.  I reminded them that i was disabled but the owner stated that I was `Milking It` and to "Go behind a hedge".  At least half an hour passed, since I had entered the pub, and the owner stated that he would call the Police, I had gathered my thoughts a little by this time and I stated to them that I would call the Police myself and then see if I would be allowed to use the toilets.  I feel the owner began to realise that he might be in trouble as when I began to make the phone call he stated that I could use the toilet however he would accompany me; i had no option but to concur with his somewhat sick condition.  I was forced to defecate whilst he stood immediately outside the door.  My humiliation and embarrassment was complete.    Two days later I wrote to the owner and informed that I was intending to sue him for disability discrimination related offences.  He chose to disregard what I had stated and replied stating that he had no intention of lifting the ban.  I replied stating that I had no desire to ever enter one of his pubs ever again and that he should re-read my letter and respond to the charges.  He did not reply.   I issued proceedings against him in the Small Claim Court for less than £400  (Some of my clothes and a she were damaged due to soiling).  He, rather surprisingly, instructed a solicitor who has threatened me with costs being awarded against me by the court which could run into many many thousands of pounds and that there was clearly no case for her client to answer.  I must admit to being rather alarmed.  The owner is a wealthy man.     The court have advised mediation and have even offered to award one hour of such FOC; I agreed, the defendant refused.  We now have a date for a hearing and I do not know exactly what to expect.  His court response states that he will be bringing two witnesses with him yet there was only he, the owner and the manager who were present.    Much of this was audio recorded and the owner is not disputing much of my statement.  I never threatened violence or used bad language during this most unpleasant incident.      Any help and opinions would be greatly appreciated.   Kind regards.  --  tibar
    • My friend has told them this and got no response as yet nor any refund,  she  is giving them till about 2pm  to refund it or   will be  reporting it as fraud and  seeing the Police etc, have told her please  do not ever  do it again or drag me into it, I will do my best keep you updated   Sandy xx
    • Make sure you keep that email and print it out for safe keeping, just in case the PPC don't quite get the message.
    • Okay i've just sent the letters recorded delivery and have registered with the claims court. Just reading about PAP.
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lorri-croft

MBNA now Idem can't afford repayments want explicit consent re Data Protection

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Hello everyone,

I'm not sure if this is the correct place to post this...hope so.

 

I wonder if I share a story, if anyone can offer advice please.

 

9 years ago, due to illness and family tragedy, my husband got into financial difficulty.

Via the CCCS, token repayments to creditors were agreed an interest suspended.

Since then, payments have increased in line with affordability.

We have reapid a considerable amount, but still have a fair way to go.

 

I know some will say, 'why didn't you try to go the non-cca, unenforceable route'

but, all apart from one were helpful (I did get SD set aside re Arrow Global as they wouldn't play ball)

so did not want to pursue the fight with the others.

 

Fast forward to now and our circumstances have taken a turn for the worse and,

due to a reduction in income (husband self-employed and work slowed, loss of income due to ongoing health issues and hospital visits),

we can no longer afford the current repayment levels,

so we have written to the remaining creditors to explain the situation (and included an up-to-date I&E).

 

The one I would like to ask advice on is Idem.

ORIGINAL DEBT TO MBNA APPROX £7800

APPROX MBNA PAID £4400

APPROX PAID TO IDEM SO FAR £2000

 

Original Creditor MBNA agreed a repayment programme that, provided we kept to until they were repaid,

they would leave us alone (which they did).

 

 

We continued the payments, then in September 2012,

we were advised that they had sold the remaining debt to Idem Capital Securities Ltd,

but that the agreement would continue (which it did).

We began paying the same payments to Idem but, we cannot afford these now.

 

Idem has written (see letter C) saying that they need express consent to process the information in our letter and I&E,

either in writing or by a phone call. As we won't deal with any of this at the telephone, the signed confirmation is the only option.

 

DO WE HAVE TO SIGN AND RETURN THIS?

WHAT ARE THE IMPLICATIONS IF WE DO?

WHAT IF WE DON'T?

 

What we don't want is for them to 'get heavy' with us, because we can't pay what we can't currently afford.

If the repayment programme with MBNA was in place and a default notice never issued as a result (don't have one in file anyway),

when the debt was sold to Idem, did that terminate the account and could Idem take us to Court if we can't agree on continued repayments?

 

Any suggestions on how to proceed?

 

Thanks

 

 

Sorry, forgot how to attach copy letter, it's been so long since I posted on here!!

 

Think this should work. Didn't-too small, sorry.

 

Hoping this works. Can someone let me know if you can see this copy ok. If not, I'll try the other suggested method.

 

Stigman, Thanks for the response.

Yes we do have our own house (with equity, I'm afraid). You said send a CCA request (to Idem I presume). Is that n preference to a SAR (to MBNA)?

 

Also, do you know anything about the request to sign the 'express consent' letter and whether we have to do this in order for them to look at our chnge of circumstances/I&E?

 

I've got all the MBNA statements so I can look at them with regard to charges and a possible reclaim. How far can I go back?

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Hi,

 

First of all you pay what you can afford, if it is £1 per calender month then so be it.

 

Do you own your own house?

 

I know in the past you said you did not but because now your finances are at a stretch and every penny counts as well as your health send the CCA Request, Because these accounts were opened before 2007 then the originals must be produced along with certain other elements as well.

 

Only a Judge can request to see your I&E, but these do help in debt reduction letters to back up your financial status, however if you own your own property then the creditor may go for the easy route and try to get a charging order and then force a sell.

 

Go for the CCA request first.

 

Second, reclaim all charges and any PPI from the Original Creditors (regardless if the debt has been sold on).

Please reclaim these yourself for free, never use a reclaim Company, any questions on how to do this or if you get stuck along the way then please ask.

 

Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Hi,

 

Send the CCA request to whoever is chasing you, enclose the £1 Postal Order - Template Letter is here... http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

You do not need to sign the "Express Consent" Letter, Idem are duty bound by Law to follow the Data Protection Act so why they are asking you to sign so they can process your information baffles me.

 

With the MBNA Statements, their is no time limit so go right back to the Account was opened, you can claim for all charges including letter & telephone, late penalty charges and PPI if applied.

 

Stigman

Edited by Stigman
changed a "to" to a "by"

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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I would not send the I&E yet, see what Idem come back with with the CCA request.

 

Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Do you think they could attempt to use the signature to create a CCA if they sent it back?


 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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send them a CCA request

£1PO leave it blank

don't sign anything

 

 

do that for all the debts thru CCCs.

 

 

dx


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

 

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