Jump to content


  • Tweets

  • Posts

    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since their only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept their offer. If he declines or ignores it they will take option (3). Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still not heard anything, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me. 
    • Looks similar to you original email to their Complaints team. I dont rate copypasta for a CEO complaint. Rewrite it with emotion involved as to how badly this is affecting you and make them feel embarrassed for their actions... 
    • Well, not quite the trouncing they deserve, and Andy Street suffering - despite distancing himself from the poops and being a good mayor (and despite the rather ridiculous muslim voter labour boycott across regions - did they really want the tories to stay in power?) - But not bad at all The Reformatory goons managed two council seats didn't it - out of over 300 they tried for ..     
    • STAT OF THE DAY $600,000 Texas Democratic Representative Henry Cuellar and his wife have been indicted by federal prosecutors on charges of conspiracy and bribery, after allegedly taking nearly $600,000 from a Azerbaijani-controlled company and a Mexican bank, according to the US Department of Justice.   Read more
  • Recommended Topics

  • 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
      • 161 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
  • Recommended Topics

MBNA admitted no CCA, so I want to claim interest back.... Need help though!


standingupformyself
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6054 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

No agreements. Two accounts; only send T&C's for one account and an application for the second. I think I will divide the two and go for the safe one first - the one where I don't think they have even the application.

 

I am going for all charges and interest plus removal of the default.

Link to post
Share on other sites

  • Replies 165
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

No agreements. Two accounts; only send T&C's for one account and an application for the second. I think I will divide the two and go for the safe one first - the one where I don't think they have even the application.

 

I am going for all charges and interest plus removal of the default.

 

Thats what ive done on the one ive filed, its against HSBC tho, thread is here

 

http://www.consumeractiongroup.co.uk/forum/general-debt/101738-hsbc-managed-loan-cca-5.html

 

I think you have give them time if you tell them your taking them to court.

 

Im no legal whizz, maybe you could pick up some useful info off that thread.

 

Good Luck.

Link to post
Share on other sites

I just thought I would post this letter, received a couple months back.... this confirms that they do not have my CCA anywhere

 

Dear Mrs Standingupformyself

 

Request under Section 78 Consumer Credit Act 1974

 

I refer to your recent request.

 

Your account was opened directly with Abbey on 19th March 1996. Unfortunately we are unable to retrieve any copy applications made directly with Abbey prior to Abbey prior to the conversion to MBNA that happened during 2001.

The copy of the Terms and conditions I previously provided satisfy the requirements upon lenders as per S.78 of the Consumer Credit Act 1974. If a lender did fail to comply with S78, that lender may be prevented from taking certain steps to enforce a credit agreement (until such time as S78 eas satisfied) but the underlying credit agreement itself, together with the borrowers obligation to repay, remain valid and intact. For the avoidance of doubt, we would like to confirm that MBNA has responded in full to the request you made under S78; and in any event, your credit agreement remains valid and your obligation to repay remains intact.

We trust we have resolved this matter, but should you wish to discuss this matter further please do not hesitate to contact me.

 

Peter Cross

CUSTOMER ASSISTANCE MANAGER

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

Link to post
Share on other sites

Hi standing don't think I need to tell you this, but what a load of you know what

 

 

I just thought I would post this letter, received a couple months back.... this confirms that they do not have my CCA anywhere

 

Dear Mrs Standingupformyself

 

Request under Section 78 Consumer Credit Act 1974

 

I refer to your recent request.

 

Your account was opened directly with Abbey on 19th March 1996. Unfortunately we are unable to retrieve any copy applications made directly with Abbey prior to Abbey prior to the conversion to MBNA that happened during 2001.

The copy of the Terms and conditions(what no agreement oh dear) I previously provided satisfy the requirements upon lenders as per S.78 of the Consumer Credit Act 1974. If a lender did fail to comply with S78(you did fail MBNA), that lender may be prevented from taking certain steps to enforce a credit agreement (until such time as S78 eas satisfied) but the underlying credit agreement itself(err what credit agreement twit), together with the borrowers obligation to repay, remain valid and intact. For the avoidance of doubt(we don't doubt MBNA you talk rubbish), we would like to confirm that MBNA has responded in full to the request you made under S78(oh goody no agreement); and in any event, your credit agreement (as before what bloody agreement)remains valid and your obligation to repay remains intact(MBNA you don't know the meaning of the word obligation).

We trust we have resolved this matter, but should you wish to discuss this matter further please do not hesitate to contact me.

 

Oh yes definitely resolved no agreement MBNA drop dead.

Peter Cross

CUSTOMER ASSISTANCE MANAGER

 

You have struck gold dpick:) :-D :-D

.

Link to post
Share on other sites

Ooooooooh, I'm dealing with Mr Cross too, or P (triangle for middle initial) Cross.

 

He sent me someone else's details on my CCA request. I sent him a stinking letter, asked for an S.A.R and Complaints Procedure and said you still have not complied. That was on the 21st July.

 

Not heard a thing. I know its only been 2 1/2 weeks but they responded last time within 2 weeks with the other chaps application form.

 

So yes, he is a prize numpty by the look of it.:p

Link to post
Share on other sites

When I first received the letter above, I posted it onto my MBNA thread, in the hope for some advice regarding getting my charges back..... I do beleive that MBNA admitting that they are "unable to retrieve any copy iapplications made directly with Abbey, prior to Abbey prior to the conversion to MBNA that happened during 2001" was the key to my charges being refunded back to me without having to take this to court

Dpick saying (above) that I have struck gold echoes what Corn and Battleaxe have said to me in the past.... In fact Corn was the one who first mentioned that I could be able to take this further, "Consolidation" she called it, which when I queried (lol!) waas informed that it meant the possibility of claiming monies already paid to MBNA......I have tried to get in touch with Corn again regarding this thread, but so far without success, I will try again...... which is now what I would like to do and what mine and Wednesdays threads are based on (along with various good humour and some new buddies along the way!)

Thanks to Shane I have a wonderfully worded letter, which I hope one of you wonderful people will help extend a little, to (as Wednesday suggested) to let MBNA know that a) they have admitted they cannot provide me with the copy agreement and b) I know the legalities and understand the Consumer Credit Act and finally c) insist that they pay all the interest I have ever paid to them (well, 6 years worth anyway) back to me...............

 

Sorry if you feel I am repeating myself and waffling somewhat, and you are most definately right... but I wanted to just condense my thread into one post, for my own sake as much as anyone elses.....

 

Hope you are all having a wonderful Monday, the sun is shining, it's a beautiful evening xxx

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

Link to post
Share on other sites

mine and Wednesdays threads are based on (along with various good humour and some new buddies along the way!)

 

 

 

Mine is virtually a chat room now til i start the court proceedings in a fortnight, which is a good thing cos the football season starts this weekend ;) and id like to get it moving :) Plus i like the chatroom chat on mine :D

 

 

Go get em Standing, woo hoooooooooooooo :D

Link to post
Share on other sites

i think that there are some wonderful people on your thread! I was PM's and called Buffy the Bank Slayer after a conversation we had on there!!

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

Link to post
Share on other sites

i get it...... bit slow when it comes to football............the team I lean towards got booted out into the conference league for the first time last season.......

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

Link to post
Share on other sites

yep, football and me do not understand each other...

 

Now that is disappointing!

 

You sound like you are gearing up for some serious action regarding MBNA. I need to contact them to say will only accept offer as a partial. I'll have to write because they'll pay it into the account anyway won't they? I also need to mention they're still adding charges/interest. Such little things, but so annoying!

 

I'll be here with no useful advice, but lots of emotional support once you get stuck into them ;)

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.

Link to post
Share on other sites

 

 

 

I'll be here with no useful advice, but lots of emotional support once you get stuck into them ;)

 

 

Thanks Hopeful........ I do sound like I am gearing up for something don't I? i suppose I am, the thing is I am ready to file at court with my old Abbey National current account, but because of the "stays" I am holding back for the time being, same really with my Barclaycard claim, also ready to go to court with that one...........

Just keeping the mind active I suppose, plus I am back to work tomorrow after a fortnight off, and I can finally get my letters printed (I ran out of ink last week!)

 

How are you doing Hopeful?

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

Link to post
Share on other sites

You're not saying you took Wed to win away at Ipswich or even draw?

 

 

Not as such, i did lay Ipswich tho :rolleyes: As far as i was concerned, there was no way we were losing that game :rolleyes: a penalty after 37 seconds tho, not a great start. Im going to the Rotherham game Thursday, not too confident now.

 

Think i may start a footy thread in the bear garden :D

 

Standing, what interest are you claiming?

Link to post
Share on other sites

Hiya sweet things..................

I read somewhere that you shouldnt go for the compounded, unless you totally understood it, and that sums me up I think.

MY spreadsheet is just for contractural at 24.9%

 

It is raining here, and I decided to stay home rather than attempt the pub quiz again! need to revise more before I do that again!

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

Link to post
Share on other sites

Hiya sweet things..................

I read somewhere that you shouldnt go for the compounded, unless you totally understood it, and that sums me up I think.

MY spreadsheet is just for contractural at 24.9%

 

It is raining here, and I decided to stay home rather than attempt the pub quiz again! need to revise more before I do that again!

 

 

Should of just gone to watch and partake in the odd drink ;):D

 

Im not sure but i think i may just leave it at the 8% stat :eek:

Link to post
Share on other sites

I am glad to hear you say that Wednesday.......... I do not understand the principles of compounded, and even 24.9% is a bit more than I can get my head round...... to be honest stat 8% makes more sense. In the cold light of day, just to receive the interest payments back would be enough... more than enough actually!

I have still got more serious thinking, reading and questioning to do before I take the final plunge here...........but I do know that I am not giving up, no way!

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...