Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • So I make a post and ask you some questions and you then go in and make a response which deals with something completely different and which ignores the questions which I have asked completely. I do see how we can move forward on that basis
    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
    • Late to this, sorry - my wife claims contributory ESA and got her P60 about two weeks ago. Now I know she's overpaid on her tax and I'm just waiting for HMRC (the department I currently work for) to figure it out. They owe her about £150.
    • World Bank President David Malpass says billions of people will have their livelihoods affected. View the full article
    • World Bank President David Malpass says billions of people will have their livelihoods affected. View the full article
  • Our picks

arshanners

PRA and MBNA card debt approaching Statute Barred

Recommended Posts

Hi

I have a debt that is approaching statute barred date. I have not contacted the original creditor (MBNA) for the past 6 years or made payment (as confirmed on my credit file).

The debt was sold some time ago to PRA, I have also not entered into communication with PRA or made a payment to them.

My question concerns when this debt becomes barred? I am hoping it is based on the oirignal creditor situation, which then means no legal action possible for them, and then if this thinking is correct, can the DCA simply be ignored / told to go away ?

 

Any help much appreciated.

 

Thanks

 

 

Share this post


Link to post
Share on other sites

not a simple as that...

 

1st have you informed MBNA prior to the sale or the DCA since the sale in writing that you have moved..if you have since taking this card out?

 

statute barred runs from the date of your last payment or use of the card, which if the original creditor issued a default notice correctly, should almost the same date showing on your credit file under default date in the debt summary.

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Hi

Both MBNA and PRA have been sending statements to my current address for years now (7+ years). Does this remove a potential problem?

 

On the Statute barred matter, from your reply am i correct to say, that statute barred will only apply to the MBNA side of the debt,? Or once this is offically taken care of , PRA may continue to chase , but shouldnt really and can also be stopped due to the statute barred matter?

 

Many thanks

 

 

 

Share this post


Link to post
Share on other sites

no.

if its SB'd its SB'd end of

send/receiving paperwork is immaterial.

when did YOU last pay or use the card

 

 

 

 

 

 

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Hi

I last used the card in 2013. The first default on my credit file shows january 2014, and every month since then there is a D for default.

thanks

 

Share this post


Link to post
Share on other sites

forget the calendar section

should be a defaulted date in the debt summary.

 

when did you last pay anything to anyone too please?

 

 

 

 

 

 

 

 

 

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Date of default 30 Apr 2014

Ive not paid anything to this account since the default in april 2014

 

Thanks

 

 

Share this post


Link to post
Share on other sites

Ok so not sb'd yet (above +14 days) 

 

have Pra sent a letter of claim with a reply pack yet?

 

dX


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

nope nothing from PRA, would you expect them to send somethng this month to start legal proceedings before the SB becomes effective?

thanks

 

Share this post


Link to post
Share on other sites

Too late..

PAPLOC gives you 30 days to reply to it before they can raise a claim .

 

well done!

 

once the sb date passes send our sb letter.

 

they probably havent got an enforceable CCA anyway

and dont forget the golden rule

 

a DCA is not a BAILIFF

and have ZERO legal powers on ANY debt


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...