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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • 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.

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      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
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AlphaGeeK Vs MBNA **WON**


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Hi to everyone!

 

Having been so inspired and entertained by Cornucopia's thread, I have decided it's time for MBNA to pop up to the top of my to-do list.

 

I was leaving them be for a while as I am not having "current" issues with them (nothing like some of the stories I have read on here)... or so I thought!

 

My MBNA card has been one of those that has sat idle for probably a couple of years now. Been paying ~£50.00 per month and by the time LATE FEE has been added and interest charged, my balance reduces by about ~£5.00.

 

Been clearing more pressing debts off. I'm sure you can all identify with this?

 

 

Anyway, for a reason that I don't want to divulge in case any friendly bankers are reading whom I have yet to SAR and/or CCA and they could guess who I am, this month's payment was late.

 

So, imagine my surprise (as Borat would say "NOT!!!") to receive a slimy DCA's letter with the usual bo11ox on it.

 

This wouldn't be news ordinarily, but I have never seen this DCA before.

 

Global Vantedge

77-B,

Sector 18,

IFFCO Road

Gurgaon-122015

INDIA

 

Reg. off.

A-16/9 Vasant Vihar

New Deli-110057

 

Global Vantedge Private Limited

UK Communications address:

797 London Road Thornton Heath Surrey CR7 6YY

Freephone 0800-404-6602

 

:D:D:D The slimy DCAs are being offshored now :D:D:D

 

This is so funny!

 

I wonder if I agreed to having my data processed by a company outside of the EU. Mind you, I think that little phrase has just come in to being and I have been with MBNA for ages... I am a valued customer don't you know!

 

Anyway, I will get the ball rolling over the weekend with a SAR and a CCA and keep you posted.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Good luck Alphageek.

 

If you've had the card a while then you'll almost certainly find that they haven't got a properly-executed agreement - that seems to be a very common thing.

 

I've received some good advice on my own thread: Fred Bassett v MBNA so you might benefit from a look at that.

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Thanks Fred. I had been reading your thread and Dave's advice has been spot on.

 

I have had the card for about 6 or 7 years I'd guess. If they have a proper agreement for me, I'll pay my balance off in one payment :D (there's an offer you can't refuse MBNA)

 

Thanks for the help.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Ok, I have drawn the letters up. Is it wise to send a CCA and a S.A.R - (Subject Access Request) (under separate cover with correct fees) at the same time or should I wait until they default on the CCA and then send a SAR?

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Got a call at work this afternoon from one of their collection agencies in India.

 

He was asking for my DOB and I told him I didn't give out personal information over the telephone. He asked if I could give him part of it and he would tell me the rest! LOL

 

I told him he didn't sound like a genuine caller. I think he went back the start of his script at this point.

 

Had fun with him for about 5 minutes and hung up.

 

I hope they call tomorrow.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Alphageek, looks like I'm the only one to reply to your thread so far. I'm not really knowledgeable enough to give you advice yet, but it looks to me like you're doing fine. Personally I'd be extremely hacked off if they rang me at work - it's happened before and I just refuse to answer the security questions.

 

I expect someone with a bit more experience will come along soon. Hang on in there!

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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No worries Fred. Thanks for your input so far. I do appreciate it.

 

The DCAs don't worry me in the slightest. I think tomorrow I will tell them if they can guess my shoe size, I will answer their questions.

 

SAR & CCA will be with them tomorrow, deemed delivered the day after. I'm sure some of the "heavies" will chirp up if I need any help. I think they'll all be getting tipsy in Corn's thread. Or reading about Telford Kev vs Lloyds.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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No calls from the DCA today. I was so looking forward to one as well. Perhaps they were reading this and realised they don't know my shoe size, so decided not to bother :)

 

It just goes to show what a complete waste of time these people are. They can't even let us have some fun with their DCAs. Is there a template letter so I can file a complaint with the sense of humour commissioner?

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Got a letter in the mail this morning, 23rd May via 2nd class post.

 

Address Block

 

May 19, 2007

 

Dear Alpahgeek

 

Account: 0000 0000 0000 0000

Balance: £xx.xx

Limit: £xx.xx

 

Your decision not to pay your arrears of £xx.xx, despite our reminders and offers of assistance, has forced MBNA to withdraw your credit line, and inform the Credit Reference Agency of the arrears.

 

If you persist in non-payment, your arrears will continue to be reported to the Credit Reference Agency, leading to a Default being registered against your name. This may severely affect your ability to borrow in the future, and will increase the likelihood of legal action, or a referral to a Debt Collection Agency. In addition, if a Default Notice is served on you, the full outstanding balance owed by you will become due immediately. You can prevent any of these actions being taken by choosing to bring your account up to date. Payments can be made by debit card on freephone 0800 028 0687; at your own bank using your statement giro; or by cheque payable to 'MBNA EBL', sent to:

 

MBNA Europe Bank Limited

PO Box 175

Bolton

BL78 &NA

(Please write your credit card account number on the front top left-hand corner of the cheque.)

 

If you are unable to make your payment, please do not ignore this letter. Our specialists are available to assist you on 0800 038 0687 Monday to Thursday 8am to 9pm, Friday 8am to 7pm and Saturday 9am to 1pm.

 

If you have made a payment on the account to cover the arrears in the last three days, please ignore this letter.

 

Yours sincerely

 

[printed signature]

 

Patricia Brassil Poole

Head of Customer Assistance

I wonder what prompted that :grin:

 

Looked at my credit report just now and there is no note on it from them yet.

 

Any suggestions as to what I should write back in reply?

 

Let the games commence.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Alphageek,

 

From my reading of the other threads I believe that you just persist with your CCA request. Apparently once you've made this the account is in default and they are not allowed to pursue you in this way.

 

You might be better off waiting for someone with a bit of experience to confirm this. It's a bit disappointing how so few people seem to comment on your thread. I don't know what's going on here. Maybe you could read through some of the other MBNA threads and get one of the experts to have a look at this one.

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Unfortunately i'm no expert but just thought i'd chip in to say it looks like you're doing the right thing so far. :-)

 

I've just sent off CCA / S.A.R to MBNA on behalf of hubby. He's in exactly same position, - not used card for years - had no line of credit for most of that time - most of payment goes to interest or charges!

 

I shall keep checking your thread to see how you're progressing. I do wonder, are threads in the general debt and debt collection forums more visible?

 

Good up the good work :wink:

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi Hopeful1,

 

You might be right about greater visibility, but this thread has had plenty of views. I'm sure if I seem to be going wrong some of the "bigb hitters" will put me right.

 

Good luck with getting your hubby's card sorted out.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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  • 2 weeks later...

Not had any more communication from them since the letter on May 19th. They have not reported anything to the CRAs either.

 

If my dates are correct I think they are now in default of the CCA request.

 

Should I bother writing to them or just wait a further 30 days until they have committed an offence?

 

I thought there was a template letter to send telling them that as they are outside the 12 days permitted to respond to a CCA request that you no longer acknowledge any debt to them... but as usual, I can't find it now.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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I think the general consensus is just to let the 30 days pass and let them commit an offence, dont want to rock the boat and force their hand into providing an agreement.

 

My account is in dispute, 2 weeks left before they commit the offence at which time, i will write them a letter stating, no agreement = no more payment and the fact i paid while my account was in dispute was just a goodwill gesture on my part :)

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Hi, have done the same as you for my daughter - typical dozy ma sent out cheque unsigned, they kindly returned a couple of days ago with S.A.R - (Subject Access Request) statements and saying that on this occasion they'd done it for free, wrote back saying that it was a little curious they had complied with SAR(cheque was for £11) but hadn't provided a copy of the agreement!!! Don't think Global Vantage is really a DCA as I remember when I was claiming back charges from MBNA they shoved me across to them but if you had a payment slip at the bottom of the letter you will notice its still Abbey/MBNA, we have had the same with daughter but we just say the account is in dispute, my hubby got them last time and said what you are doing is illegal, the guy said he didn't understand, as you say, you can have fun, its so nice not to be frightened of them isen't it?

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I think the general consensus is just to let the 30 days pass and let them commit an offence, dont want to rock the boat and force their hand into providing an agreement.

 

My account is in dispute, 2 weeks left before they commit the offence at which time, i will write them a letter stating, no agreement = no more payment and the fact i paid while my account was in dispute was just a goodwill gesture on my part :)

 

 

So that fact that I have sent a SAR and a CCA means my account is in dispute and they can't default me or sell on the debt?

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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my hubby got them last time and said what you are doing is illegal, the guy said he didn't understand, as you say, you can have fun, its so nice not to be frightened of them isen't it?

 

Right now, I'd settle for being able to understand them!

 

But as I said, not a peep since the 19th.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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My account is in dispute, 2 weeks left before they commit the offence at which time, i will write them a letter stating, no agreement = no more payment and the fact i paid while my account was in dispute was just a goodwill gesture on my part :)

 

I just checked on my online banking and I have left a small monthly standing order in their favour, so I will be saying something similar.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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So that fact that I have sent a S.A.R - (Subject Access Request) and a CCA means my account is in dispute and they can't default me or sell on the debt?

 

 

As far as i know, if you havent received an agreement after 12 working days the account is in dispute and apparently, they cant sell the debt, cant charge you interest on the debt while the account is in dispute.

 

Then a further 30 days after this has passed, if still no agreement, then they have committed a criminal offence and will need to take you to court with the agreement to re enforce it.

 

If you pay upto the offence being committed, it could used as bargaining to get your accout with a zero balance.

 

 

All this is just what ive picked up from reading a lot of the CCA threads that are littered about, i may be a bit off on the odd thing, but think im right in the most part :D

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Im just looking forward to adding the "goodwill gesture" about me paying them, cos when we have them by the short and curlies they are throwing goodwill gestures at us left right and centre. When they have us by the short and curlies, no sign of goodwill anywhere, they just grab on tighter :eek::D

 

 

So in my case, hopefully ill get the chance to make them squirm :)

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