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    • Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
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Mbna - Properly Executed Agreements


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Thanks m55 and...I will reiterate that MBNA are driving me crazy!!!

 

I am so unhappy about what they have done and are doing to me. Yesterday I felt so miserable because I have been fighting them for so long, my protests/complaints get me nowhere. Think I'll just throw the towel in an let them take me to court.

 

AC

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Because if they do, and someone asks for a repeat one and a sig appears, they will lose their license and be closed down. Fraud on that kind of level will not be accepted by the authorities and MBNA know this. There is a fine line between riding roughshod over your 'customers' and a smoking gun that closes them down.

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I fgured that but its been nagging me,

 

I've not seen a copy of my MBNA agreement/application since it was filled in - I certainly don't have a copy - assuming that they read this, why would he not just add a sig and a date now. They would already know that I don't have a copy... I mean we know that they (banks/cards etc) are already breaking the law in a pretty hard fashion.

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well I can think of lots of reasons ...how do they know you don't have the original? If you ask for a copy this would mean they would send a copy out to you with a different sig. & possibly date. That would bu**er them for start.

 

Supposing you genuinely thought you has lost your agreement, asked for another, (which they send signed by Mr. Anybody who's working there on that day)and then you found the original?

 

Suppose they were investigated and it came to light that "Mr. Anybody" didn't work for them when you took out the original agreement?

 

And your suggestion is so overtly fraudulent/malpractice etc. that I don't think that even MBNA would subcribe to something that as my learned colleague m55 has already said, would shut the whole kaboosh down.

 

And that's for starters.

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I think the reason they don't 'forge' signatures on agreements is because, although a signature is required under the act, most Judges will not consider a lack of the creditors signature a material breach and will happily allow enforcement, all else being in order.

 

Regards

 

Lantana

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Very valid point also, Lantana. I have trouble assimmilating in my mind that financial institutions, with their vast resources can freely abuse the court system, waste everyone's time & money - be allowed stays willy-nilly, get the CCA re-interpeted in court so that what the Act actually stipulates in not applied to them - with the little old consumer who knocks himself out to do everything "by the book" in order to re-claim what is rightfully his/hers, and the resulting stress, financial "embarassment" etc. It grieves me when people come on here and tell us that they can't afford the £120 court fees, so it will have to wait until next pay day.:evil:

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Hi Guys (except M55, who is already aware of this from my thread),

 

MBNA have "attempted" to comply with my CCA request by way of what seems to me to be a cut and shuffle document. Bits and pieces have obviously been blanked out by stickers and then the pages photocopied. They have also provided a third copy of Mr Corn's application form.

 

I can't scan this but would be pleased to fax it to anybody who might take a look at it for me and give me a measured opinion.

 

M55 seems to think he has the same thing.

 

I personally think this is a panic response on behalf of MBNA.

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Hi Corn

 

Sadly I don't have a fax, but it sounds like you're in the clear. To have any chance of enforcement in court they must, at the very least, produce a piece of paper signed by you (or Mr Corn) that has an interest rate, a credit limit (or reference to one) and a repayment schedule.

 

Regards

 

Lantana

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Hi Corn

 

Sadly I don't have a fax, but it sounds like you're in the clear. To have any chance of enforcement in court they must, at the very least, produce a piece of paper signed by you (or Mr Corn) that has an interest rate, a credit limit (or reference to one) and a repayment schedule.

 

Regards

 

Lantana

 

Hi Lantana, thank you for replying, just to clarify, they have provided the following :

 

Application form, obviously signed by Mr Corn and a stamp on it across the bit that says Principl Cardholder's Application & Declaration.

 

A sheet headed MBNA Europe Bank Limited with Mr Corn's name and address credit card number and credit limit. This has also got a box on it saying Important Security Information (please read the information below carefully), I am wondering if this is a credit card mailer. It then looks like stickers have been placed over bits of info and then it's been photocopied.

 

On the same page it says Credit Agreement regulated by the Consumer Credit Act 1974 Terms And Conditions (this is a copy of your agreement for you to keep. It includes a notice about your cancellation rights which you should read). It has on it various aprs for card purchases balance transfers, cheque transactions and cash transactions. This runs onto a second photocopied page, which again has a sticker at the bottom under the bit headed "complaints" which is obviously blanking out something they don't want us to see!

 

The next page is Terms and Conditions of use with another set of aprs (but different amounts this time, in fact lower apr's than on the other sheet). There are no visible signatures on any of these pages.

 

It looks like a right cut and shuffle. Now if they had this information before, why did they not provide it within the 12 + 30 and why have the DCA been unable to produce it at all? This is the third time they have sent an application form purporting to be an "agreement".

 

What now batman???!!:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Hi Lantana, thank you for replying, just to clarify, they have provided the following :

 

Application form, obviously signed by Mr Corn and a stamp on it across the bit that says Principl Cardholder's Application & Declaration.

 

A sheet headed MBNA Europe Bank Limited with Mr Corn's name and address credit card number and credit limit. This has also got a box on it saying Important Security Information (please read the information below carefully), I am wondering if this is a credit card mailer. It then looks like stickers have been placed over bits of info and then it's been photocopied.

 

On the same page it says Credit Agreement regulated by the Consumer Credit Act 1974 Terms And Conditions (this is a copy of your agreement for you to keep. It includes a notice about your cancellation rights which you should read). It has on it various aprs for card purchases balance transfers, cheque transactions and cash transactions. This runs onto a second photocopied page, which again has a sticker at the bottom under the bit headed "complaints" which is obviously blanking out something they don't want us to see!

 

The next page is Terms and Conditions of use with another set of aprs (but different amounts this time, in fact lower apr's than on the other sheet). There are no visible signatures on any of these pages.

 

It looks like a right cut and shuffle. Now if they had this information before, why did they not provide it within the 12 + 30 and why have the DCA been unable to produce it at all? This is the third time they have sent an application form purporting to be an "agreement".

 

What now batman???!!:)

 

Just a bit of additional information, I have noticed that the credit limit on this forgery is actually one that was set in the last few years, not the limit that the card was when it was taken out in 1996. This is outrageous!!

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Well in my case I wrote back to MBNA saying their response fell well short of what was required under the act. I've had zilch back from them since. Others take a different stance and simply ignore them from now on - the choice is yours Corn.

 

BA will likely have a very strong view on this.

 

Regards

 

Lantana

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Well in my case I wrote back to MBNA saying their response fell well short of what was required under the act. I've had zilch back from them since. Others take a different stance and simply ignore them from now on - the choice is yours Corn.

 

BA will likely have a very strong view on this.

 

Regards

 

Lantana

 

Lantana, this is a blatent forgery, I have a plan;)

 

Regards,

 

Corn x:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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I'd be honestly surprised if this was an attempt at forgery Corn. They probably have an explanation (albeit a very silly one) for what they've sent.

 

They may well be complying with the act insofar as what they sent is a true copy of what they consider to be the agreement they hold in relation to the account. Unfortunately for them, however, the 'agreement' itself doesn't stand up.

 

Regards

 

Lantana

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They're not allowed to use constructive conjecture (this is what it would look like) and they know that. The one they sent to me is a farce. I bet the blanking stickers on hers match mine 100%

 

It is a forgery, plain and simple. They cannot state anything lawful as a purpose. These guys are supposed to have a license for %^&*( sake, they're supposed to know this.

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They're not allowed to use constructive conjecture (this is what it would look like) and they know that. The one they sent to me is a farce. I bet the blanking stickers on hers match mine 100%

 

It is a forgery, plain and simple. They cannot state anything lawful as a purpose. These guys are supposed to have a license for %^&*( sake, they're supposed to know this.

 

I agree M, the credit limit illustrated is about 10K over what it was when the card was taken out, it has blanking stickers too, prob exactly the same, it has two different sets of T&C's with different apr's. It also has a weird barcode thing on the application that wasn't there on the other copies they sent me.

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Yes m55, and yes Corn. However if they were going to go to all the trouble to 'forge' something, you'd think they'd forge something that would pass as an agreement.

 

The stuff stuck on was probably stuck on to help process the original application paperwork - something they're now paying a high price for. I have something like it from HSBC. It's been produced as a result of shoddy procedures in their operations centre. Forgery suggests criminal intent and bad as MBNA are, I doubt they'd go there.

 

When faced with s78 requests lenders can...

 

1) Comply by sending a copy of the valid agreement.

 

2) Comply without a valid agreement, by sending a copy of what they hold as the agreement. It's for a court to determine if the agreement is valid or not!

 

3) Write back saying that they've no agreement and there's no need to pay us anymore.

 

4) Fail to comply and commit an offence.

 

Now if I were a lender and only had an application form to send to the debtor, I'd send it to comply with the s78 request. None of the letters I've had from lenders have made any reference to the validity of the agreement sent. Indeed, why should it.

 

Regards

 

Lantana

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Hi LB, by sending the application (if that's all they have) they comply with s78 and avoid potential legal sanction. They presumably will say to TS, if tackled, that as far as they're concerned that's the agreement.

 

Many peeps have been sent 'applications' and accept them as being valid agreements. Personally I challenge the rubbish they send me, if appropriate.

 

Regards

 

Lantana

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Hmm, you would have thought with all the info on here, people would not get conned into believing applications are agreements.

Given the amount threads concerned with the validity of what has been received in response to CCA requests, I would hope, by now, the penny is dropping!

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Hi all

 

Subscribing......

 

waiting for my agreement off MBNA.........waiting........waiting.......

 

12 days is well up they are now at least 10 days into default period

just got a "statement" today (sat) with the promise of my agreement to follow "shortly".....hmmmm

 

just added.... mine is a loan rather than a cc

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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