Jump to content


  • Tweets

  • Posts

    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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

Aktiv Kapital/J&P Claimform - old MBNA 'debt'***Claim Discontinued***


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

Thread Locked

because no one has posted on it for the last 2576 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

Ive had a breakdown, not the first but the stress of debt has destroyed me.

 

I got my payday loan mess sorted, helped others on here

and buried my head in the sand on my big debts.

 

Here s the low down

 

I had 37k of debt. Started DMP with payplan 300 per month in 2008

 

I have a house with 70k of equity but single mum, disabled and iva a no go due to equity.

 

I dont even remember taking these debts out, for instance MBNA card just came through letter box in 2004 !

 

Debt is 8k MBNA

now credito expertio ive got a default.

 

Can anyone help me

 

No PPI on any credit cards and up until i went to payplan id kept repayments upto date.

 

Does this mean im caught between the devil and the deep blue sea ?

 

Some more info on my first post.

 

When i first went to payplan MBNA sent me an offer of 3300 settlement as ff

 

but i didnt have the money for the milkman let alone them.

 

Do i risk asking credit expertio MBNA debt for cca to start off with ?

 

What happens with Payplan.

 

The first account manager i had with payplan advised me to sell my house, go in rented and hide my money and go on an iva.........

..... didnt do this,

 

have never had nothing in my life till i got my house.

 

one of my 3 largest debts are mbna,

 

. If they have no cca should i stop paying the crippling 300 per month to payplan ? ..

 

.. would creditors make me bankrupt.

 

Mbna are with DCA as explained.

 

mbna card transfered to credito experto 2 months ago after mbna decided to default me

 

2239 paid now 7770 remaining

 

MBNA offered me full and final a couple of years ago for 3300

 

Just to add, ive never looked at charges... i bet theres a few... guess my mental health has preferred to let them get on with it but realise that this is a large part of my problem..the fears

 

i know for sure that there is probably no cca for mbna but then what difference would it make ?

 

would it help me ?

 

The account is in my name only.

 

He never lived with me.

He dismantled me bit by bit.

I told him about the horrific abuse id suffered as a child and the abuse in the childrens homes

( i suffered in the pin down era and was sexually abused by a social workers husband.

 

I tell you this so to give some understanding to how already vulnerable deep down i was an open target for this.

 

Everything is in my name.

 

Ive already paid over 10 grand of these debts back.

 

Im sorry if ive said to much here but in all honesty the above is only a tiny amount of what ive been through.

 

My guess is that because everythings in my name ive got no proof its wasnt me.

 

Very clever man.

 

I know im a damaged lady but dear god id never ever harm another.

 

MBNA credit card taken out in 2004 - dont remeber applying and think it just arrived through the letter box.

 

£10,000 paid 3k back around 7k left.

 

MBNA passed to credito expertio in 2010.

 

When i first had repayment problems mbna sent me an offer to settle for 3600 but i didnt have thrupence to my name at the time.

 

They get 98 pounds per month via dmp from my 300 dmp monthly payment. 7 years to go :sad:

 

Any advice or tips would be very welcomed. Jellyhead x

Link to post
Share on other sites

  • 9 months later...
  • Replies 130
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

. Im ready to start challenging the debts I have as after years of mental health,

still suffering and an abusive relationship behind me alot of the debts i have no recollection of applying for !!!

 

!. MBNA credit card came through the door with 10k limit,

 

they offered full and finale of 3300 just 2 weeks after entering dmp

 

and now with credit expertio who again have sent me no statements.

 

Im ready to find out who s who and whats real.

 

 

Look forward to some advise x Jellycubes

Link to post
Share on other sites

  • 3 weeks later...

no it dont....

 

i would sincerely investigate why you are still paying any debt not on your cra file.

 

as for apex having your old 10k od that is no longer reducing

again your need to question why its not reducing.

 

pers i'd list all the debts in the dmp

 

a check each one carefully

 

if i were in this situation, i'd stop the dmp and await those that want paying to write.

 

then deal with that on a debt by debt basis as to if you owe and who you owe hold the necessary paperwork.

 

its a bit amiss to let a dmp carry on for so many years without questions

however its obv you were not able to deal until now.

 

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... 

Link to post
Share on other sites

  • 4 weeks later...

I took onboard your advice

 

Also Expertio de credito have been assigned my MBNA debt yet all the payments I send them have not come off credit report, around £1800 worth of payments.

MBNA had no cca.

 

Lots of questions I know but hoping for those how give time for all can help me out too.

 

Just to add ive 7 defaults on file eeeek.

 

MBNA in 2010 when the sold to credito exertio.

Link to post
Share on other sites

i think quite honestly you need to force peoples hands

 

contact payplan and tell them you wish to abandon the plan nnow

 

then stop all paymenrts

 

lets see who shouts the loudest

they'll be the ones that DONT need paying!!

 

have you ever had any discount letters??

 

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... 

Link to post
Share on other sites

i think you'd be betrer to start a thread in the legal forum about te nationwide CCJ/CO

 

forget the MBNA debt for now too

 

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... 

Link to post
Share on other sites

MBNA

 

forget the debt for now

its had a discount offered

and no cca.

 

just remember NO DCA has aNY legal powers to do anything!!

 

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... 

Link to post
Share on other sites

I never realised that a DCA has no legal powers,

wow all this time ive been frightened of what they could do !!!

 

So a DCA can not take me to court ? get a charging order.

 

The deafaults have 3 years to go before they drop off.

Link to post
Share on other sites

NEVER EVER ring a DCA

 

they will threaten all sorts that they will NEVER put in writing.

 

your CAT has more powers than a DCA

 

they are NOT bailiffs and NEVER take people to court

 

welll i say never, they do but only if they OWN the debt

 

annd you must ask the question...

 

why did the OC never do that??????

 

caan i suggest you do some reading in the general debt forum

 

or use our search top right

 

just type in the name of a DCA

 

or the OC of the alleged cebt and get reading

 

time to wise up!

 

glad to help

 

sadly i smelt you'd been cash cowed was trying to break you in easy !!

 

it can come as quite a shock that these companies exist to SOLEY fleece people of money they do mot even owe!!

 

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... 

Link to post
Share on other sites

:-DThanks DX, i had to laugh about my cat having more powers, lifted my spirits that !

 

Expertio own the debt for mbna it states this on my credit report so will tread carefully with them ! Time to get reading, time to get my crap together..... Time to fight back.

 

Your right none of the original creditors ever took me to court, just passed to DCA withing months. Some original creditors I pay direct, these i will continue. I must look at reclaming too.

 

Slowly slowly catch a monkey, must be careful of stress and mental health so going to take a debt at a time....grrrrrrr a cash cow im sure.

 

I will post up again when i have some news but time to get reading first.

 

Thank you DX, you ve given me the kick up the butt i needed to sort this out

Link to post
Share on other sites

i certain would not be paying ANYONE that does not appear on your CRA file

without a very careful investigation as to why its not showing.

 

and those that do not have a cca return 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... 

Link to post
Share on other sites

your cra file will tell you who owns your debts.

 

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... 

Link to post
Share on other sites

  • 2 weeks later...

HI I'm a bit confused on this. If it doesn't show on a CRA File then it's been taken off paid/unpaid after six years. What if you have made one or two payments on the debt tho' does it still make it active and should it still be on file. Thanks

Link to post
Share on other sites

payments SHOULD be shown on your CRA

however, if a debt was defaulted more than 6yrs ago.

regardless of if you are paying or not

the debt will vanish.

 

All references to a defaulted debt must be removed from your credit files after 6 years has passed from date of default,

whether paid off or not.

This is so that someone who continues paying something even after 6 years from default should not be at a disadvantage

to someone who pays nothing after default and ends up with a clean file after 6 years.

 

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... 

Link to post
Share on other sites

I know that MBNA have no CCA

 

Most of the debts came about from an abusive man financially screwing me over for money !

Ive no recollection of how or why LLoyds overdraft got to 10k or how they approved it but alledgedly 8 applications of £500 increases were made in 2 weeks online...

...ive no proof now as I was so ill at the time but i dont think it was me, but have to pay the consequences.

 

I read recently about men who financially abuse women and women who financially abuse men.

 

Its not till some time after, years in my case that I realise just how much the cost of this mans abuse has to live with me long after he moved on to the next victim

 

I wish wish wish there was someone you could go to to help with mail, sending letters but then im hoping for a saviour thats never coming lol.

 

Seriously though I look at this site everyday and admire those who ve taken the strength to come out of situations as dreadful and worse than mine.

 

Ive 23k to go at 200 a month to payplan.... like a noose round my neck but ive got t dwon from 36k

Link to post
Share on other sites

  • 2 weeks later...

[

MBNA always the OC.

 

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... 

Link to post
Share on other sites

so how did your partner get the money...took your cards?

 

IMHO is fraud, you need to get the police involved

 

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... 

Link to post
Share on other sites

He used to get money out of the bank for me.

I was mentally unwell,

dismantled to the point that created a need for him to love me.

 

It will be hard for others to understand that but i guess others that have been emotionally abused will know how that happens.

 

I gave him all my cards, pin numbers, details i was a fool.

 

He lived the high life at my expense.

Link to post
Share on other sites

JC

 

you really need to address this by the means already mentioned - it is FRAUD - end off.

you are not responsible for the debts.

 

now, you mention something else that i know things about that i cannot ever reveal - pindown.

 

however there are some VERY good support groups that operate specifically relating to you people.

 

i am not up on social networking sites

 

but there must be help availiable.

 

dx

 

that is fraud

 

get the police involved

 

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... 

Link to post
Share on other sites

The pindown used in the childrens homes was worse than the beatings from my parents.

 

When i left the childrens homes i went to a mental hospital for 18 months.

I was a broken girl.

 

I was contacted some years ago by a man who was there when i was and he went to court with others and the case was proved.

 

The police were involved and there was a number i could call but I couldnt face it.

 

How do i prove an abusive man gambled my money.

 

Account in my name, cards in my name, no evidence it wasnt me.

I will look for a number re that pindown.

I have a police officer as a friend and will ask him what the prospects are evidence wise.

 

,

Link to post
Share on other sites

VERY good idea IMHO i dont think you will need to prove 'who' used the money.

 

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...