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    • Today , after a lotof years i recieved a letter from this lot. Very friendly, "Were writing to remind you that we havent had any contact from you in a while".  The velvet fist, followed by  a veiled threat to get their preferred debt collectors involved. Yep dead right. In 1992/3 I took out a Student load under duress from DHSS. uP TO 2000 I hadsucessfully gotten deferment on low income. But rarther thansign on as unemployed,I decided to be self employed. I applied and they asked for all sorts of documents. I obliged and then correspondance ceased from them, circa 2001. To date  I have had no correspondance from Student Loans. I was made  redundant in 2009 and  reached 65 in 2012 , at which age the loan should have been cancelled. Now ,today, 12 years on retirement and 11 ( at least years after last contact) I get a letter with veiled threats. Do I , as I smell a scam a) ignore it and hope that Erudio will think that this phishing attempt has failed or b) respond with a statute barred letter or c) remind them of legal terms that loan should be cancelled 12 years ago or d) combination of b) +c)      
    • But I'm not mixing and matching. Sure, when researching I do check multiple avenues, but when speaking, I will open a single post. The Fb post was made in March, it is now June, time has passed, and when the suggestion was made, no further information was given on how I should progress beyond "send a letter", which has meant that I've needed to start another stream - this one, but only after taking the time to research first.
    • hes not turning you away he is simply saying that you should stick to one channel of advice. he is perfectly happy with that channel being this forum, and he will help you   all he is saying, and I agree, is that you should stick to one help channel, not mix and match 3/4
    • As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
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      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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
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Mbna Making Husband Ill


LEYLA
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If you have enough ink in your printer:D. I would send them all one.

 

Yes I am about - do a lot of reading and post now and then. Many ongoing battles - but then who hasn't? I try and keep on top of what is happening with everyone else as well.

 

Keep on trucking girl - sounds as if things are getting better.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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I would send it to Arrow for sure.

 

As this is an MBNA case, I would think any agreement they manage to find would be as worthless as the one they sent me.

 

So, although you have not had a reply to a CCA request yet (or lack of a reply), I think you're in the same situation as I was in my YB thread.

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

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Just letting you all know that printer has been in overdrive:D

Letters sent to CBS, MBNA & Arrow by recorded post. We will see what happens now.

 

MBNA have made no further response to prelim letter, so I'm going to send LBA off asap. If they can be so unfair and play dirty, all morals are out the window!! Just wish I had the nerve to add interest to existing spread sheet. :oops:

LEYLA

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:o :o You could knock me over with a feather!!

Look at what's come todaymbnafinaloffer.jpg

 

Don't know whether to believe it or not.

Haven't heard anything in relation to the three letters I sent about the default and being reassigned. Should I be feeling so suspicious?

What happens to the debt, can it now be enforced by another company? Are there still battles ahead over this?

 

Part of me wants to shout YIPPEE - OTHER is saying "tread carefully, this isn't over!"

LEYLA

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I am about to enter the MBNA nightmare trail and have therefore been reading your hassle with them. This looks to be very good news for you, a great start to the New Year. congratulations :)

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wow! Looks good to me! nice! :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Leyla, I don't know how much this refund would mean to you right now or even if you would see any of it should it not clear you balance, but personally, I would write back and remind them that your LBA stated you require removal of adverse CRA data as well as repayment of charges.

 

Tell them that if they do not agree to all of your LBA claims, they are instructed to remove the funds they have placed in your account and that you will issue your court claim without further notice.

 

Give them 10 days to reply.

 

I am only guessing, but I would think a default on your CRA files will cost you more than ~£1100 over the next 6 years... and they had no business registering it in the 1st place.

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

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Hi well I have found all your comments so interesting as I to have been battered by MBNA, they have been so hurtful and rude and have nearly tipped me over the edge. Last July I went to a Debit Management Co and have found them excellent, everything was sorted quickly and my debts are being paid. Had a very nice letter from one but from MBNA they are beyond belief although they have agreed to my payment plan and have been sent a letter confirming the amount. Well the other day I received a text it said S.. can you call ...... when you pick this message up. Well not thinking it was them I did and after the guy being down right rude telling me that I was paying too much a month but I still had to pay them £198 NOW. I told him to go back and read his notes and hung up and called my D M co straight away and they called them. Well guess what they have tried calling me again. Can someone tell me if this is not harrasment and if I could report them to the FSA without causing myself to much grief.

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im asking - have you found out if they have an enforceable agreement? If not they can go jump in the nearest lake. Welcome to CAG by the way. They are nasty people and it may be that they are being so pushy because they know they can't take you to court. Worth finding out IMO.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Thank you for the welcome. I dont believe the letter I received from my Debit Management today and they are confused as well. MBNA have now after receiving 5 months of regular agreed amounts each month which have been on time that they are now not going to agree to it, although I have a letter back in Dec stating that they were going to. Please help me understand what gives them the right to move the goal post. The thing I dont understand was when I realised that I was longer able to pay and ended up with a nerous breakdown they said I should have gone to them for help rather than the debit company. What a joke !!! If I had I honestly dont think I would be here. I work as a manager and when my clients are finding things difficult I will bend over backwards to help. Guess I would never employ anyone from MBNA. They are worse than loan sharks and the FSA should step in.

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Depending on how long you have had the card you should send them a CCA request - letter N on here

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

This will establish whether they actually have any right to collect the debt at all - in my case they couldn't find anything so have disappeared out of my life. MBNA seem to have a non-existent filing system, particularly with old agreements.

 

By the way you should start your own thread and you will get lots more help.

 

Hi Leyla - have you had any thoughts about the reply to their letter? I wasn't sure how this affected your situation in general, ie has it made much of a dint in the amount owing/will it get them off your backs?

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Hi Goldlady.

 

Have decided to wait and see if and where this cheque goes to - whether it goes to hubby direct or to account with CBL. Also going to give a couple more days to the three companies re default and re-assignment.

 

The debt amounts to £2,208 so would still be a fair chunk left outstanding.

As you know, MBNA have never properly complied with CCA request (although they argue differently). Was only ever application form completed with BOS along with MBNA most recent T&C.

 

It has been suggested that the debt could still be unenforceable and that the creditor still owes charges. Really not sure about this, as it was not our original intention, but will see what happens over next few days.

 

im asking - know exactly what this is doing to you. There are many helpful people on this forum, who really know how to deal with the likes of MBNA. The best of luck:)

 

Alphageek - as always, great advice. Will hang on a couple more days (as above) and see if there is anything further.

Will post update asap.

LEYLA

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im asking

 

It would be better if you started your own thread (use the newthread.gif button at the bottom of thr forum) That way we can help you without it all getting mixed up with Leyla's ongoing story and congartulatory messages which she will be getting any day now.:)

 

 

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A personal cheque made out to hubby arrived this morning from MBNA. Still nothing further from any of the three companies re the letters sent out to them. Maybe that's because TRANSCOM has now joined the bandwagon and states that our

"agreement (in accordance with your Credit Agreement Terms) is hereby terminated. As you have failed to pay your arrears as stated on the Default Notice, we must now request your immediate PAYMENT IN FULL of the above outstanding balance."

 

Right - so that's 4 of them now!!

O.K - the high morals that hubby and I did have has now gone out of the window, and we've banked the cheque for a start. Will probably send a further letter to the new monkeys and see which organ grinder replies.

LEYLA

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Haha good news Leyla. My morals left the building a long time ago - after all we are dealing with people who have had theirs surgically removed - if indeed they ever had any. Battle on ..............;)

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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O.K - the high morals that hubby and I did have has now gone out of the window

 

If this damaged your window, I would consider filing a claim for damages :D

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

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  • 3 months later...

Hi forum friends.

 

Well, after several months of not hearing anything more since receiving cheque from MBNA, received a notice of court proceedings from Cope's Solicitors on behalf of Arrow Global LLC who MBNA assigned debt to.

 

I'm not sure how to respond to them. Any suggestions?

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Hi Steven,

 

This is an old lingering thread, and I'm afraid I've been extremely stubborn and perhaps "foolhardy"!!:p

 

The only agreement received was in actual fact an application form with original BOS. To cut long story short, despite being in dispute, MBNA passed debt around four companies, with Arrow seemingly buying it in the end!

 

My husband did get a cheque for all his charges, which was made out to him from MBNA and not sent to Arrow. We have received nothing since then until this letter from the solicitor.

 

It was never our intention to dodge paying MBNA, but I have to admit a certain pleasure in delaying them after the terrible impact on my husband's health (and my own come to that; which has declined in the last couple of months). However I appreciate, it is probably time to sort some kind of agreement, but just not sure about wording of an appropriate letter to the solicitor. Could really appreciate a friend's help.

LEYLA

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