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    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
  • 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

lee v NatWest ** WON **


lee in wales
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Value:

Bank charges (and overdraft interest if claimed) - £XXXX

Data Protection Act Fee - £XX (if claimed)

S69 8% Interest - £XXX

Total of - £XXXX

Plus daily interest at 8% of £0.XXp from the date of issue until settlement.

 

 

Court fees are added automatically, otherwise fine.

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thanks michael

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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just come back from the courts with a nervous smile on my face:) just filed my claim, so now back to swotting up for the fight ahead.

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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Well done! You will be fine. Just think soon you will have the money on your doorstep!! ;)

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Hello everyone just a quick post to say a big thank you to everyone who has posted a thread and helped me along the way in 2006, and may 2007 bring a big fat cheque in the post for me and everybody else on this site.

 

 

HAPPY NEW YEAR EVERYONE

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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hello again, when i got home this w/end there were two letters waiting for me :) the first was my court claim number, and the second was a letter from stuart higley thanking me for being so patient because he hadn't replied to my LBA dated 2nd dec, his notice of issue must have crossed in the post.

 

Am i right in thinking that i have to PM a mod. with my claim no. now?

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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hi lee yeh let a mod know your claim details. good luck with your claim you will now be sent natwests defence which will be the usual stuff "the claimant hasnt submitted a fully particularised claim "havent rec'd any evidence (the spreadsheets)", CPR 18 request. and then youll get an aq from the courts which u need to fill and send back with £100 if your claim is over £1500. Corbetts will also be sent one of these and there are guidelines in the library to help u fill it in. Then you WILL receive yoiur cheque!!!!!!!!!!! Hurray - not long now - Goodluck x

NatWest (CLAIM 1) - £2181.24 SETTLED IN FULL

VIRGIN MBNA - £377 SETTLED IN FULL + INTEREST

NATWEST (CLAIM 2) - £1008.30 - SETTLED IN FULL

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thanks kerrie,will do that now, i added a copy of spreadsheets, attached to the n1 claims form so that should keep cobbetts happy :) hopefully things will start moving now it seems to drag on whilst waiting for replies of letters from natwest.

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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i sent them 3 times to corbetts and still they denied having them and applied to have my claim struck out!!! you close now good luck x

NatWest (CLAIM 1) - £2181.24 SETTLED IN FULL

VIRGIN MBNA - £377 SETTLED IN FULL + INTEREST

NATWEST (CLAIM 2) - £1008.30 - SETTLED IN FULL

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  • 2 weeks later...

Things have been a little quiet for a while but i received a letter from the courts yesterday, saying that NatWest filed an acknowledgement of service on 11th jan. with the intention of defending:( i new it was coming but i was kinda hoping they would say "oh go on then you can have your money back" :D :D :D not to worry though.

I take it i will be receiving something from Cobbetts in the next few days, looking forward to it already:)

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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hi everyone i am after a little bit of help if possible please, i have made a mistake with my list of charges for my poc i have submitted, i forgot to separate the advantage gold charges from the account charges, its not the end of the world because i have another £280 worth of charges to add to it anyway, but can someone point me in the right direction of how to go about ammending my claim, i also beleive it will cost £35 to do is that right?

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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Form N244 - application notice

 

With regard to the N244 -

Top left hand box:

1. Tick c), without a hearing

 

Leave the rest blank

 

Part A

intend to apply for an order that:

amends my particulars of claim

 

because:

There was an error in my particulars of claim in the amount claimed and therefore there is a decrease in the value of my claim

 

Part B

Tick evidence in part c

 

Part C

Please find attached to this application my proposed new particulars of claim and an amended schedule of the amount claimed in respect of penalty charges levied by the defendant"

 

Send N244 + 3 N1 + 3 schedules + £35 fee to the court. They will send 2 back, 1 of which you serve/send to the defendants and confirm to the court that you have done so.

 

N1 PARTICULARS OF CLAIM

 

1. The Claimant [has] [had] an account (XXXX Account No) with the Defendant which was opened on or around Date [and closed on or around date]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982.

 

6. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £XXXX and any interest charged thereon;

b) Court costs;

c) Interest pursuant to S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgement or settlement at a daily rate of £0.xx.

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hi again people, i got my court date through the other day, its for 26th march at 10:30.

 

it says in my letter, "Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of recieving it."

 

It is ordered that,

 

Directions will be given in this case by the Designated Civil Judge, his honour J G Hickinbottom, on 26th march 2007 at 10:30 am at Cardiff Civil Justice Centre.

 

The parties may appear in person or make written representations as how the case should proceed provided a copy of the representations is sent to the Court and the other side at least 7 working days prior to the hearing.

 

is this the norm, not sure what it means "without a hearing" and " set it aside, varied or stayed". sorry if that sounds a bit dumb, could do with a bit of help on that one,

many thanks in advance

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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can anyone help with my post #33, i spoke to zooman in the chatroom earlier he says it is a case management conference. I have got the court date but i haven't heard a thing from Cobbetts and haven't received an Allocation Questionnaire, so i wondered why the Courts have given me a date.

 

If its a case management conference, firstly what is it and secondly what do i need to prepare myself for it, help on this would be much appreciated or directions to someone's thread who has already done would be great

 

Many thanks

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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just spoke to a very nice lady at Cardiff Courts with regards to my Court date and not receiving an AQ, and also still not receiving conformation of my amended POC. She confirmed that the hearing is for the Judge to decide the direction of my case and he was also looking at my amended POC today. She also said to have my Court bundle ready for the hearing, so my question is, do i have to inform Cobbetts and the Courts i intend to be there in person and do i have to send them anything regarding the evidence i will produce in Court, ie what i have in my Court bundle

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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just spoke to a very nice lady at Cardiff Courts with regards to my Court date and not receiving an AQ, and also still not receiving conformation of my amended POC. She confirmed that the hearing is for the Judge to decide the direction of my case and he was also looking at my amended POC today. She also said to have my Court bundle ready for the hearing, so my question is, do i have to inform Cobbetts and the Courts i intend to be there in person and do i have to send them anything regarding the evidence i will produce in Court, ie what i have in my Court bundle

 

You will get a date from the court and cobblers will also be informed by the court, start to prepare your court bundle Lee. Once completed you need to send a copy to the court and a copy to cobblers.

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

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At last, my amended POC has been processed and returned with a General Form of Judgment reads as follows;

 

Upon reading the Claimants application, IT IS ORDERED THAT

1) Leave to the Claimant to amend the Particulars of Claim in accordance with the copy lodged at the Court.

2) Defendant to file and serve a defence by 28th February 2007

 

Dated 31 January 2007

 

I take it now i sit and wait for Cobbetts to file and serve their defence and get my Court bundle ready for my Directions hearing on the 26 th March

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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hi rhodes, i didn't highlight the changes, but in the charge reason box i put in the account charge less advantage gold fee,

 

e.g 01dec 2006 a/c £40 less £12 advantage gold fee,

then in the charge amount box £28

hope that helps :)

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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hi again people, just received the defence from Cobbetts, it lists 12 points of denial but it seems the standard letter of defence, no sign of the CPR part 18 request, and still no offer, never mind.

I suppose its sit and wait time again now for the Courts to issue an AQ, i still find it quite baffling that i've only just received their defence no CPR part 18 and no AQ, yet i have a Court date for 26th March :confused: :confused: :confused:

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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i think i will sit tight for a week and see what happens, got plenty of time before court date, if nothing then i will ring the court and see whats happening

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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