Jump to content


  • Tweets

  • Posts

    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
    • Rachel Reeves is set to reveal a public finances shortfall of billions on pounds after a snap audit.View the full article
    • Hi What they have asked in what you have highlighted isn't unusual at all as Councils have numerous different departments that deal with specific different areas within that council. So if what you are asking in your DSAR is say specific to Housing Benefit, Council Tax Benefit, Planning Permission etc then just let them know that specific area. On the other hand if you want every bit of DATA they hold on you then simply tell then ALL DATA they hold on you it's them up to then to go through all depts to check for it. 
  • 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
      • 162 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

Old MBNA Card debt. Possible Statute Barred Debt - scotland


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 271 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

Hi folks

Been a member here for a long while and got some fantastic advice back in the day that has helped me turn things around a bit.  

Something interesting just arose, though.  

In the process of renting a property, I was directed to "Totally Money" to check my credit report.  I'd never heard of them before and had always used Clear Score.  Clear Score showed my credit file as being absolutely tip-top.  I couldn't quite believe it, considering I have a few on-going payment plans making token payments each month (why pay them in full when they'll let you pay them off interest free over time, without seemingly impacting your credit score?!)  

However, on Totally Money, while still a very good score, it's not perfect.  The reason is one credit card account I've not spoken on, thought about, or paid towards for many years.   

Totally Money tells me I need to improve on the %age of utilisation of available credit.  The problem is this one account referred to above which is well over 100% in utilisation - through missed payments, fees, interest (in the early days).  The furthest back the records go for the account that I can see are 6-years to October 2017 when the account was already well over 120% utilised.  And it increased month on month, which makes me think I'd stopped paying by that point.

I believe I opened the account while resident in Scotland but later moved to England.  I've since returned to Scotland.  

For the life of me I cannot remember WHEN I last made payment to or contact with the lender.  

I'd like to take care of it properly and tell them it's SB'd but I don't want to run the risk of getting in touch before it's become SB's - and also don't know whether I should go with 5-years for Scotland where I opened the account OR 6-years for England where the last address they have on file for me it.  

WEIRDLY, I have since opened a new credit account with this company without issue and they offered me a generous credit limit.

I suppose there's no harm in me just continuing to ignore it for longer and only cross the above bridge if/when I come to it, but it might be handy to try and get it off my credit report.  

Any thoughts would be greatly appreciated.    

Link to post
Share on other sites

TotallyMoney is an independent credit broker, not a lender.!!

its basically a credit selling company that gets your details from one of the three cra's and makes it look as  bad as it can and suggest you take out more credit to 'scam you into thinking it improves you score'...urban myth.!!

you are in scotland, you took?? this out whilst resident in scotland before?

1 hour ago, kingofrod said:

I believe I opened the account while resident in Scotland but later moved to England.  I've since returned to Scotland.  

For the life of me I cannot remember WHEN I last made payment to or contact with the lender.  

tell us about the debt not these scammers.

its 5 yrs sb in scotland and the debt is extinguished, dead gone parrot if you've dont nowt in 5yrs.

it will not be removed form your credit file mind.

is there a defaulted date in the debt summary, i'e this mystery lender sent you a default notice long ago?

so...

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

  • dx100uk changed the title to Possible Statute Barred Debt - scotland

Hi DX - thanks for taking the time to respond.  I apologise for my delay in getting back.  

I checked Experian last night based on your evaluation of Totally Money.  Experian's "Credit Expert" shows no trace of this debt at all, and actually gives me the highest of credit scores.  THE highest.  

It's really odd.  

The lender is MBNA. 

My Totally Money report shows it as in default since 12th April 2018 and missed payments since October 2017 (six years - so could have been longer, I guess). 

Link to post
Share on other sites

  • dx100uk changed the title to Old MBNA Card debt. Possible Statute Barred Debt - scotland

what about equifax?

if the defaulted date IS CORRECT it will stay on your credit file till 12/04/24, and when a default debt reaches 6yrs since the original creditor issued the default notice the whole account is automatically removed from your file. paid or not paying or not. 

now who owns the debt now? cause it wont be MBNA who is stated as the owner on your credit file?

you need to send them our scottish statue barred letter from the debt collection section of library.

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

Hi DX

Just checked Equifax who are also giving me a score of 1,000 and show absolutely no trace of this debt at all! I don't know if it has been sold on - I've had no letters or other communication about it that I can recall. 

It appears as though the debt exists ONLY with Totally Money which is bewildering; but I wonder if they've seen it in a previous report somewhere and are including it in the hope of making me take a loan out via them to pay it off? 

I was able to see my United Utilities water account on Equifax which shows it was closed/settled in April 2017 whcih would be when I moved back to Scotland and I'm certain I'd stopped paying the debt before then. 

That sort of makes sense - if it's been as long as that - over six years - could MBNA have automatically removed the account and SB'd it? 

Thanks again

 

Link to post
Share on other sites

be clear upon what ive stated please.

mbna would not have removed the A/C, their issuance of their dn and it reaching its 6th b'day does that automatically

Statute barring again is an automictic process but has nothing to do with credit files nor if a  debt shows or not .

you've guessed right about totally money...not interested about anything else .. just totally getting money.

pers id forget about it.

and p'haps suggest to whomever told you to go TM that they are not a recognised credit reference agency but a money lender why ae they touting such a business that misleads people.

it smacks to me of something that used to do the rounds alot  +10yrs ago, called fresh start scheme, whereby dodgy lenders and DCA's used to offer a service that claimed it wrote off your old debts.

they would alert you to a debt, wind you up upon how it could screw your credit file, then offer you a no questions asked guaranteed loan to pay it off, giving you a  - fresh start.

you never saw the money, never knew if this supposed debt was really ever settled but ended up with a loan of 5yrs at high int rate . many years down the line companies like provident that tried the scheme were severely reprimanded and fined by the authorities over it. it was a big scam.

 

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...