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    • I contacted them when it happened. The caretaker came over, looked at it, and walked off with the tree chunks of mortar. Next morning, they had a roofer come over and enter our garden to inspect it. Friday they were supposed to speak with a scaffolding company. I had to bring up liability and potentially calling the council to report 'an unsafe structure' before they even got moving. They know all about the wedding, the preparations, our patio contractors etc. but their attitude doesn't instill me with confidence. My fear is it will end up being a legal matter which is why I posted here to hopefully receive some advice. As far as I can see, the roof is in a state of disrepair, even if it's just the mortar breaking lose due to the size and weight of the chunks - and even from ground level it's visibly clear that multiple pieces have fallen over time (though never this size so we haven't been able to identify the issue till now - we thought it was rubble left in the garden by the previous owner). Currently, we can't use 25% of our garden due to the risk of more falling mortar which is more than just an inconvenience, we can't proceed with our contractors, and at worst, it will run up in several thousand of extra expenses for us, if we have to find a wedding venue. Even if they do have it fixed in time, and we have to settle for renting a marquee and floor for the marquee and furniture and whatnot it will be additional costs only due to the neighbour's roof.
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    • It will be years before Banks would sell to a debt buyer.  Sometimes Banks will use external debt collectors to try to collect, but generally Banks don't take Court action.  So you could be looking at 3 to 6 years, before any dca owning debt looks to take any Court action. And it is not definite that this would happen. So no need to feel pressured at this stage. In the event you found yourself unemployed, you have time to engage with Banks to advise of your situation and ask for time to deal with the situation, find new employment. As long as you inform the Banks they will offer assistance they can. E.g offer payment holiday or accept reduced payment for period. What you should not do, is not contact the Banks and simply default on payments. 
    • I'd get back to them tomorrow, and explain the circumstances, that you have a wedding reception, and just appeal to their better nature. Hopefully they will be able to move sooner rather than later, especially if you go in in person and speak to them, and show them the issue.
    • The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; they were by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
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Hi Nicole, the fact is they probably can't provide your agreement, you might get an application form but we'll have to wait and see......

 

Yes, I will have to wait a little longer until April 5th to see if they produce something and if yes, we need to check it is a true executed agreement

I think MBNA / A&L had problems with that before with some members here, so I will have to wait and see what they come up with (if anything)

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Have today received their "official SAR reply" (months overdue)

It is the same print out with charges they sent me the other day with a letter stating they didn't treat my request as an official SAR request and have therefore not cashed my cheque at the time. If I want to make a SAR request I shall them them a request indicating what information I require , include my payment and a photo ID and send it to them and they will reply within 40 days...? Are they taking the mickey ?

They have included a form they have prepared where you can tick what information you want. Interestingly there is a box you can tick to get a copy of your initial "Application" (not agreement)

As they have still not replied to my CCA request I am more and more intrigued to see what they send me in reply to that. By the looks of it all they have kept is the application ? How neat.

:cool:

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Hi Nicole, sorry I didn't see your post earlier....

 

Right, they are doing this to everybody, this is normal MBNA delaying tactics. You have to have your full SAR so return it with payment, cross out the bit that says application form and instead write "copy of true executed agreeement". Stick to your timetable.

 

I think they are struggling to provide information. I have had to start legal proceedings to force them to cough up my SAR. Whether that gets me anywhere remains to be seen, but like you, all they have been able to give me so far is a terrible copy of the application form.

 

I suspect MBNA are regretting their terrible filing system........:D

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 All

 

I have also been ignored on my CCA and SAR , have complained to ICO and T/S and OFT joined in mass complaint awaiting replies and getting ready for court action if necessary to get agreement. Saving the S85 as back up, will let you know if I get any further .:roll:

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M, could you do me a favour and get onto our FSA Mass Complaint thread a little further down, contact Battleaxe who is currently compiling a complaint on behalf of all of us who have been treated with such contempt by MBNA.

 

Nicole, you too!! Thanks!!:D

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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Brilliant, thanks M, sorry I didn't realise, I am obsessing with telling everybody about, have probably told Nicole too!!:rolleyes:

 

I love my new name, Cornu, everybody calls me Corn, but that bloody Ladybird has taken to calling me Cornypoker. So am now calling her TurdyBirdy. I am 37 and a half, going on 5.:D

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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Quelle surprise!

 

This is EXACTLY the same as what's happening to me.....CCA time runs out for them 13th April, have had letter with an offer of refund of £86 (never asked for return of charges), no mention of CCA, a further letter today threatening default, + voice mail asking me to call them. Not quite sure yet when I am going to reply to them - would like to leave it as near to the end of the 12 + 1 month so that they can't rush around and suddenly come up with the agreement - but perhaps need to warn them about defaulting??

 

What do all my learned colleagues think??

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Turdy, I answered this on my thread!!! You need to write to them and tell them that they cannot do any of the above as they are currently in default of the CCA and if they do you will sue the pants off them as it will be unlawful.

 

Love, Cornypoker :p

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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At least cornypoker bears so resemblance to your user name......Turdy:eek: :eek: :eek: , well that's a bit of a damn insult if you ask me, so you now owe me one bottle of Pinot.

 

OK, I know I should be writing to them, but I don't want to give them the chance to come up with an agreement!!!

But I'll write tomorrow, if you say so:rolleyes:

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LOL!!! It's TurdyBirdy, how does that not bear a resemblance!!!!:D

 

I doubt very much they will be able to come up with the agreement! Leave it if you want, I just thought you wanted to stop them in their tracks.

 

Oh and M, Cornucopia's literal Latin translation is "Horn of Plenty" but it also means abundance. I just like it cos it's a nice word! Am rather embarassed now, an abundant horn of plenty, well that says it all really!!! LOL!!!!!:D

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 could shorten it to Turd.:cool::D

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 Cornu

 

Best laugh I have had all day :D . I will be writing again to let them know they haven't complied with CCA etc ,just incase they have lost the first and the one before that and the one before that.........

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Does anybody know the answer to this one, by the way ?

Once the 12 & 30 days for producing the agreement are up

and if they do not provide it, I will take further steps like report them to Trading STandards for their offence, ask for consolidation etc etc

And once that is all settled, can they then wait until 2008 when this section of the CCa is repelled completely and then pursue us all again ? May this all be in vain when the Act changes next year ?

I was told (and I assume this is correct) that the CCA changes in April this year affecting all new Credit Agreements and as from 2008 all agreements will be affected by the changes. So is this a potential pit fall ? Or did I misunderstand something ?

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I will join the mass complaint, it has to be in by 31.03 ? I must rush it then

Hi, Corn , no you didn't ask me before, so will check out the relevant thread and see what I need to do.

 

Hi Nicole, sorry for hijacking your thread this afternoon, the Turd is completely out of control!!:rolleyes:

 

Right, you need to post your intention to complain and then PM Battleaxe who will provide you with her email address. She will need the complaint to comprise of :

 

Your name

Account number

E-mail address

 

A no more than A4 page detailing your complaint and any other information you wish to add.

 

31st is cut off.

 

All information is kept completely confidential so please don't worry about that!

 

:)

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 Nicole99 - sorry for hijacking but just wanted to say I'm watching with great interest as I too have had an A&L/MBNA card since about 92 and I'm still waiting on my CCA which was sent on 1st March. Like m.willows I'm saving the S85 for last and I've also told me Dad about it and he reckons he's had his A&L/MBNA card for about 30 years!! His CCA went in post last night!

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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Does anybody know the answer to this one, by the way ?

Once the 12 & 30 days for producing the agreement are up

and if they do not provide it, I will take further steps like report them to Trading STandards for their offence, ask for consolidation etc etc

And once that is all settled, can they then wait until 2008 when this section of the CCa is repelled completely and then pursue us all again ? May this all be in vain when the Act changes next year ?

I was told (and I assume this is correct) that the CCA changes in April this year affecting all new Credit Agreements and as from 2008 all agreements will be affected by the changes. So is this a potential pit fall ? Or did I misunderstand something ?

 

Hi Nicole

 

Read -Loan Company cannot suply original agreement- Baconbutty man .This has some info about this in this thread.

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Hi Nicole99 - sorry for hijacking but just wanted to say I'm watching with great interest as I too have had an A&L/MBNA card since about 92 and I'm still waiting on my CCA which was sent on 1st March. Like m.willows I'm saving the S85 for last and I've also told me Dad about it and he reckons he's had his A&L/MBNA card for about 30 years!! His CCA went in post last night!

 

It is always worth doing it I think. By reading other peoples posts and threads it appears MBNA is getting under more and more pressure it takes them longer and longer to provide documents

I have still not received anything from them in reply to my CCA request.

Roll on 5th of April !

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OK, still no agreement. MBNA has committed an offence now

Have phoned Trading Standards who have passed this to the local TS responsible for MBNA (I suppose this is Chester)

I have also stopped payments

I guess I now have to wait and see what happens next

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There are a few rumblings on the CCA thread about some sort of complaint to TS as they have told some people they will NOT prosecutefor breach of Act. So keep an eye open, we may need you to contribute to complaint - it's just a bit difficult as TS are geographic, so we can't all complain to the same one.

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