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    • A complaint 12 Months after the event.....................   Complaints about GP's are taken very seriously. Its not surprising he wouldn't want to see you alone, maybe with a chaperone, but not alone.   So you intend to complain again................................   You had best be careful or the Practice will strike you off and then you might be stuck. Just see another GP at the same Practice and move on.   H
    • Good Afternoon all.   Please forgive my naivety, this is my first post and I would really appreciate some advice.    I purchased a Ford Ranger 2015 plate from Ron Whites Trade Cars in Wakefield on 18th Feb this year. I paid £6,700 on debit card and was given £4000 trade in for my 2010 Nissan Navara, so £10,700 in total. Inclusive of 6 months 3rd party warranty.   I had recently been diagnosed with secondary cancer in my bones (including spine which affects my mobility) and needed a reliable vehicle to travel to and from hospital of which I made him aware of. Also that I have several dogs and horses and therefore needed a pick up.  My dear Dad helped me with the cost of the car.    At my request, he put a new MOT on it and I collected it a few days later.    On Thursday 9th May, having driven no more than 500 miles from collection,  I was driving at about 45 MPH, when I was approaching a 30 MPH zone and a busy crossroads, and went to apply the brakes. The brakes failed (as in nothing at all) and I had to slow the car through the gears and apply the handbrake narrowly missing several cars.  I can't tell you how frightening it was, and I have been scared driving since.    I called Ron Whites Trade cars ltd and spoke to the dealer.  He told me to call the warranty company. Which I did. They advised me to call a tow truck and tow to a VAT registered non-main dealer.    The warranty company - clearly not worth the paper it is written on - said I need to show full service history. I realised then (my bad) that it never came with FSH, despite the advert declaring that it did. I have screen shots of the advert that verify this.   The garage where it was towed to called me the next day and asked how long I had had it. I explained not long. Their head mechanic said an unaligned fitted part - fitted prior to purchase (vacuum pump to brake servo?) has caused the damage and it was likely to be a very large bill. He advised me to call the dealer and under the CRA 2015 ask him to repair it or reject it.    I called him back and without going into details - he refused to help. The mechanic from where it is currently sat also had several conversations with him. Apparently the dealer became quite threatening and abusive.  The mechanic advised him to come and collect the car and repair it as he should do under CRA 2015. The conversation ended with the dealer telling him to just fix it and bill me.    I emailed and sent a recorded letter on 10th May, advising them to collect the vehicle and repair it or pay the garage where it currently stands or I shall take legal action.    I heard nothing.   I am now going to authorise the garage to carry out the repairs and will be seeking costs through the small claims court.  I have researched the company and they have a large selection of vehicles, last assets were recorded at just under £600k.  Most of the stock is stored at the Director's home address. Which is where I purchased the car from. Although the receipt states Ron White Trade Cars Ltd.    I desperately need the vehicle and although I have an old Peugeout 106 as a loan car - I can't possible carry out my hobbies and usual daily life in it.   My poor Dad is lending me the money to repair it.    My questions are:  A) Can I start the small claims process now? The reason is that I have a DS1500 form - which basically means I may have less than six months to live - but hopefully more! Could the case be expedited in order I can settle things sooner for obvious reasons?  B) Do I sent another email/text advising that tomorrow I will start the claim? B) I have no idea what the total bill will be until the car is fixed - so do I claim an 'undisclosed amount?' C) What wording do I put on the form - what detail should I absolutely not miss out?  D) The registered address on Company House is that of an office elsewhere. I assume the accountants address. I collected the car from his home address (approximately 30 other cars were there) so can I send the court papers to this address? E) Who do I put on the papers? Ie Ron White trade cars ltd. Or the director I dealt with (of which there are 3)  F) I have been advised to get an independent report - but this is going to delay the process even further. The mechanic has advised he will take photos and written evidence. Would this suffice before a judge?    I'm very grateful to anyone who has read this, and apologise for such a long post.  Many thanks         
    • 2 years ago I made a complaint against a GP at my surgery....the reply I received was the GP could not recall the events (in the complaint) because the GP see so many patients a day and the complaint I sent was 12 months after the event.   Now to what happened recently....   1. I had a appoointment at 10am with the same GP I had made a complaint againt over 1 year ago...I booked myself at reception and waited, waited when it was 10.20 I asked at receptionion when would I been seent, as my appointment was at 10am. A receptionist told me 'There has been an emergency of some kind with a patient...so that has caused a delay and your appointment will now be moved to another GP' - I asked why the appointment was moved and was told 'sorry I cannot tell you' and you will be seen soon.   2. 10.30am and still not been seen so I asked another receptionist, she checked the computer system and told me the GP (name) has refused to see me because I made a complaint against him over 12 months ago and now my appointment was being moved to a different GP and I had to wait. I told the receptionist this was wrong and the GP had to be impartial as a GP and he was making this personal by not seeing me.   3. Eventually I was called and saw a different GP and explained to him what happened and the GP I had originally had an appointment with had refused to see me because of a complaint I raised against him over 12 months ago. The GP I was with was shocked and surprised and told me that GP should not have refused to see me   NOW I need your help to write a complaint, please can you help me
    • ok...thank you. I have read the post (thank you for guiding me to that) and will write in similar thread.   My worry is that I lied to the inspector about not having used the card before. I also recall now that he did not ask me to sign the notes he took so I am worried I have no idea what he wrote down.    Without my signature on his notes, would this be admissible evidence in court?
    • what jokers a £5k loan now £q7k bet theres all sorts of arrears fees debt visits phone letter fees that can all be reclaimed at their int rate   get the statements quickly! sar tomorrow
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    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
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      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
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      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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torch1

IDEM re MBNA Card £3k debt Debt - ignored PAP now got 7 day court threatogram

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Hi, Please can you help urgently with the attached letter received from IDEM regarding an MBNA credit card agreement.

The letter states that my account has been transferred to the Litigation Department and am given 7 days notice before they commence legal action (CCJ).

 

I previously sent a CCA request last September and the attached was received.

Also note in the attached that the debt was later (November 2017) sold to another company within their group (Idem Capital Securities).

 

Can you please check over the agreement provided by IDEM Servicing and advise what my next steps should be to defend the case. Many thanks!

 

Note that I did also get a letter from IDEM Servicing in March 2018 stating that they will pursue Litigation in 30 days.

IDEM - MBNA Agreement.pdf

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Today I received a threat to litigate in 7 days for one of the MBNA debts detailed at the start of this thread. Note that I have made no contact to any of the creditors after stopping my cash cow payments and sending CCA requests last August 2017.

 

Please could you advise, I really need urgent help to know how I can defend this case.

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well they cant they must abide by the pre-action protocol


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Have those that issued the threats responded to the CCA request. Remember as well, theres a set procedure they MUST follow if they want to litigate. Until they start that process, its just threats.

 

If they have never fulfilled the CCA request, then they cant do anything. They can try, but theyll fail.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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which one

the £7k or the £3k one


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This is the 3k one. What is the pre-action protocol, they have sent me the attached signed agreement, is it enforceable?

 

Also they have given me 30 days notice of their intentions and a form to fill in asking what I can afford to pay. ( Ignored)

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Yes they have fulfilled the CCA request some months ago now, after a few months wait of giving them the CCA request. Although I am not sure if it's valid. see attached pdf in the link. What is the set.procedure they must follow? I have been sent numerous letters from them.

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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so its one of these?

 

 

The MBNA signed agreement they sent me is in the attached PDF. Along with the letter giving me 7 days notice of court proceedings.

 

Please advise.

IDEM - MBNA Agreement.pdf

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then await the PAP letter of claim


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Update on this, IDEM who originally bought the MBNA debt some years ago (now 3K) have given me 7 days notice of intent of legal action, after sending me the original 2005 signed agreement some months ago (which look unenforceable to me) but have not contested it yet.

 

The letter states that unless proposals to clear my account are received within 7 days, IDEM will issue proceedings without further recourse to me.

 

Would appreciate any advice.

 

I have uploaded the signed agreement in the MBNA sub forum along with the letter received.

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then await the PAP letter of claim

 

I have already received one of those, giving me 30 days notice. I did not fill it in.

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Note that I have also received a PAP letter of claim form 30 days ago, which I did not fill in as thought it was a phishing letter by the debt collection agency.

 

So looks like I will receive court proceedings within the next 7 days! Is there anything /i can do at this later stage? Should I make an offer of £1 per month (all I can afford) with an offer to settle for 40% (family member willing to help), or should I claim agreement is not enforceable?

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torchy

KEEP TO THIS THREAD

for post on this £3k MBNA debt

I keep moving post s over to here from your other thread.

 

dx


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you need to goto this thread

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

and follow post 6.

 

DO NOT USE THEIR FORM!!

 

that CCa is a copy n paste jobbie

plus they'll have to supply all the other paperwork listed in post 6 of that thread.

 

for the question answer..the claimant has failed to suitably comply with my CCA request of date xxxxxx


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Is it too late for me to return the form now? The original PAP letter was dated 16th March. The new letter received today giving my a final 7 days notice was dated 23rd April.

 

What happens after they provide all the info requested. As discussed, I already have the original agreement. Should I request it again or state it is not compliant. If not compliant what reason should I give?

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just return the [OUR] pap form as I've detailed in post 16 please

doesn't matter its late

you've complied


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thread title amended


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Thanks DX, Just to confirm, when I reply

 

the claimant has failed to suitably comply with my CCA Request of date xxxxxx

 

Do I also request a new CCA or just ask for the other points:

 

a copy of the Default Notice

A copy of the Notice of Assignment

A complete set of statements detailing exactly how the debt has accrued detailing:

I. All Transactions.

II. any additional charges, be them by the original creditor or you xxxx the debt purchaser or any predecessor DCA.

III. details of all contractual interest added by whom and on what date.

IV. List of ALL Payments made toward the Agreement

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all good no don't re request CCA.

 

post it up here 1st mind!


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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DX, Post what here 1st? I have posted the original agreement here already, see post #1 in this thread.

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your PAP reply:madgrin:


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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My PAP reply is just:

 

Box D ticked.

 

I dispute the debt because the claimant has failed to suitably comply with my CCA request of ...[DATE]...

 

Box I ticked:

 

A copy of the Default Notice

A copy of the Notice of Assignment

A complete set of statements detailing exactly how the debt has accrued detailing:

I. All Transactions.

II. Any additional charges, be them by the original creditor or you IDEM Servicing the debt purchaser or any predecessor

III. Details of all contractual interest added by whom and on what date.

IV. List of ALL Payments made toward the Agreement

 

 

Do I need to add any more than that?

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nope great get it off tomorrow

 

use 1st class post get free proof of posting from the PO counter.

 

if a powerless DCA wants to issue a speculative claimform hoping you keel over and cough up or ignore letting them get a default judgement doing or not anything prior to that is pretty much immatereial

but abiding by the PAP rules goes in your favour.

 

as for where this might go...just because they might issue a claim

doesn't mean they will carry it all the way through

they've yet to supply all those other docs you are requesting in the PAP letter

and you'll do that again as it goes through the process of the court claim if they've still failed...

 

our search cag box of the top red toolbar is useful for finding info

 

mbna CCA return for a start


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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