Hi HH:) Thanks very much for that - I did have a template one all ready that I'd used previously, but yours has definitely got some extras and covers all bases I tried to click your scales, but need to spread the love around before I can do so again - but a big thank you anyway! Landy x

Hi everyone:) Well, I'm just about to get the new SAR ready to send off to MBNA and have come across a statement for the account in post 1 which was sent with the original CCA request. It is dated 9th Feb and has two entries plus balance - 31 Jan - Charge off adjustment (followed by full outstanding balance amount) 9 Feb - Interest charged 00 New balance - 00 That seems to be conclusive proof the account was sold (although unfoortunately no ref to 'zero curbl on sold acct' as per second account) and pre-dates the date referred to for the account being sold (18th Feb) by several days. It also comes only three days after the date of the DN (6th Feb). I will now go and search for something similar for the second account The SAR will be going in the post (recorded of course) tomorrow - regarding the comms log, is that how I describe it in the SAR or does it have another name? By the way, further bad news regarding OH's car - the mechanic has today taken a closer look and discovered the gearbox and turbo charger also are ruined - total repair cost inc parts now looking like being over £4000 He took photos in OH's presence which OH has sent with a report to Landrover - the engine is in bits with huge holes ripped in everything...........an absolutely awful mess - god knows what we're going to do Landy x

Hi everyone:) Sorry to jump on board here, but I'm about to send the CCA request under s78 to LTSB for an o/d and wondered if anyone could advise which address I should use please? I was thinking either the registered office or 125 Colmore Row, Birmingham? Many thanks for this very useful thread, btw Landy x

Hi everyone:) Quick update on this - About a week after the first cheque arrived from MBNA the remaining amount turned up in the form of a second cheque. These have both been banked and have cleared ok. When they had cleared I wrote to the new owner of the account requesting a statement (in order to see if any additional payments had been sent in error to them by MBNA) and today this has arrived. The balance has remained the same so it would appear that the only amounts refunded for mis-sold PPI were those received by me. At least that has cleared that up Landy x

Further update on this - OH has just called to say the mechanic has discovered that not only is the engine dead, but also the gear box/turbo charger............we are now looking at around a minimum of £4000 for parts and labour and that's if we source the parts ourselves The mechanic has not removed the engine and has photographed the damage etc and will put together a report which OH can email to LandRover. I've told him he should still get an independent inspection carried out though............. Landy x

Hi everyone:) Well they didn't waste much time............only a week after my prelim, Hitachi have sent their final response saying they reject the request for a refund of charges plus interest completely. Regarding the interest on the handling fee, they specifically state - 'I have inspected our copy of your agreement and in my view the handling fee is clearly included in the total cash price. There is nothing to indicate this was paid in advance. I believe the average consumer would expect interest to be payable on the total cash sum; less any advance payment/deposit.' So I guess this is another one for the FOS - they mention both the FOS and FLA in their complaints procedure but we all know how pointless the FLA are I presume as both are mentioned, they will be covered by the FOS - this agreement dates from mid 2005, so hopefully they are! Landy x

Hi Boro:) Thanks for your reply! Yes, whilst we have owned the car it has been looked after carefully, although I believe it is slightly overdue the latest service. It is in fantastic condition in all respects other than the engine Our mechanic has had another look and says he believes it to definitely be a manufacturing defect and that he believes it wouldn't have shown up in the service. OH has contacted LandRover and is awaiting a reply. He is also looking into having an independent inspection carried out. I will report back with any updates. Landy x

I suppose you could call them to cancel it, then back this up in writing in your letter Being a complete chicken myself, I'd just do it in writing!

Thanks cerberusalert

Hi Luci:) I have asked the Site Team to mark your thread as 'WON' - congratulations by the way For future reference, if you click on the red warning triangle on the left side below your user name you can report a post to the site team.......... Landy x

Hi jd22:) I tried something similar with Lloyds - for a charges refund to be offset against o/d balance and loans, before the Test Case result.........they weren't in the least bit interested in playing ball. I should imagine they'd be even less interested now they believe they won - although anything's worth a try I suppose. Do you have you own thread on this btw? It would be a good idea to start one if not as here on Aterlatus's thread your answers will get confused with their's Apologies to Aterlatus for hijacking! Landy x

Hi dx:) As you know I have a similar situation with Black Widows and I just adapted a PPI mis-sell letter emphasizing the compulsory aspect and why it was unnecessary etc etc when I first wrote to them. I likened the way their sales advisor had acted to the similar way the LTSB staff mis-sold PPI and I added a spready of course with premiums plus interest. I sent this to - Scottish Widows Plc 15 Dalkeith Road Edinburgh EH11 5BU I don't know if you saw my latest update on my thread, but having now filed the FOS complaint for this one, their first act was to send the paperwork back asking for the details I'd omitted regarding the 'business cover' aspect of my insurance - ie, our business name, address, turnover etc. I had to explain we had no business............which to my mind is further proof the damned insurance was mis-sold Landy x

Hi PF:) Thanks for that - will take a look or get Mr L to do so! Landy x

Hi dd:) Thanks for that - we've had a look on the bay for engines (in fact I think the ones quoted by our 'reliable' mechanic have been found there), but haven't looked at breakers with usable engines.........will give this a try! Will also do as you and PF suggest and look at online breakers sites. Trouble is Mr L is not very mechanically minded so doesn't feel confident to be searching out these things himself. Also he fears that if he were to locate an engine himself, the mechanic would not be so keen to fit it, but I'm sure people must do this all the time Landy x

Goodnight guys I'm afraid I'm off to bed now - all this car talk is way over this girlie's head.............tell you one thing though we could do with that long overdue PPI refund from Norton right now to pay for the new engine Landy x

You were partially right dd - I did refer to the list of transactions and charges MBNA sent.............which they passed off as a SAR last year. At the time they said they needed a passport or driving licence before they could send a full SAR which at that time I wasn't happy to send for fear of signatures being lifted. Now I know how to deal with this thanks to Cag The quotes I made earlier were in those lists..............

Lol...........I won't ask what positions your good wife gets you into PF

:lol::lol::lol::lol: You've got to laugh haven't you!!!

Hi everyone:) My OH and I bought an 18 month old Landrover Freelander 2 (07 plate) in November 2008. It has not been used for off-roading, just commuting to work and it has now done 75,000 miles. On Saturday OH was driving home from a shopping trip at 60 mph on a dual carriageway when there was a low thud and he pulled over to the hard shoulder as the engine cut out. When he got out to take a look there was a large pool of oil on the road. To cut a long story short, having been towed home by Green Flag, today a recommended mechanic inspected the damage and said a piston had sheared off and cut into the engine. He said he has never seen anything like this before and asked if OH had been off-roading where he may have hit something. OH explained that he only used the car to commute each day............ The car is going to need a new engine for which we have been quoted a minimum of £2000 Of course the car is no longer under warranty (it was 3 years old in March 2010). I was just wondering if anyone had experience of a similar problem and if they could recommend a course of action please or if anyone had heard of this problem affecting the new Freelanders at all? I guess our only option unfortunately is to stump up the cash to pay for a new engine............... Many thanks for reading this long post, Landy x

Hi HH:) Thank you for this and your previous post. The SAR will go to MBNA then, with a specific request for the Comms Log. I will do nothing further on either account until I have this information. If I hear anything from the owner of either account in the meantime I will report back. Thanks again, Landy x

Thanks dd - most informative and helpful once again! Shame you can't fix the car too! I will get a SAR off to the new owner and report back when it is received Landy x

I wish..............no, a 2007 Freelander 2 Apparently a piston has sheared off and pierced the engine!!!!!!!!!

Hi dd, if you're still around......... You're going to think me a right pain in the bum, but if it's not too much trouble I have a similar query on my other MBNA account which I would be grateful for your advice on please. To simplify I will give a timeline of events (I can add the relevant docs in a mo, if necessary) - Sept 2008 (pre-Cag) - Letter from MBNA account about to be written off as 'bad debt' Oct 2008 - DN received requesting arrears of approx £500 - dated 3/10/08 with remedy date of 21/10/08 (I did keep the envelope for this one) I believe this is 2 days short. Didn't pay arrears. Nov 2008 - Last time a payment was made - £200 Jan 2009 - SAR and CCA requests sent to MBNA Feb 2009 - Partial SAR received including notes which say that account was 'charged off' on 30/9/08 and 'zero curbl on sold acct' on 16/10/08 Also during Feb 2009 a 50% balance discount letter arrived from DCA - as far as I'm aware this was their first contact. This 'offer' was ignored. Mar 2009 - Letter arrived from DCA - MBNA have passed our CCA request to them, they in turn have requested the CCA from MBNA and account is on hold till they locate it. Apr 2010 - More than one year on CCA arrives from DCA and a request for repayment of full balance. Also during April 2010 requests for mis-sold PPI and charges on this account sent to MBNA. Account in dispute letter sent to DCA - based upon ongoing PPI and charges complaints. May 2010 - DCA demand repayment of full balance Jun 2010 - DCA send letter with their proposed repayment plan - not requested by me. Once again I have most likely totally ballsed this one up by acknowledging DCA in sending the 'account in dispute' letter. To clarify, as far as I'm aware there has been no NOA received for this account. They are actively chasing this account and therefore I would like some guidance on my next move please - again I was hoping to reach a F&F settlement. I should add that the PPI refund has been received and that the FOS have upheld the charges complaint which MBNA rejected - this has yet to be paid though. Many thanks in advance and do feel free to tell me off for going about this the wrong way (again) as I'm sure I deserve it............ Landy x

Hi dd:) Okay - thanks very much once again for the letter and your advice on this! I will do as you suggest then and hold fire with your excellent letter and any further action until such a time that they do come after payment. With regards to the F&F, I quite understand and think your course of action (or indeed, no action!) at this time is for the best. It was only a wish to get any loose ends tied up whilst I was in a position to do so..............that said OH has today discovered our car needs a new engine - at a huge cost of £2k - so this will now have to be our priority with any available funds Landy x

Hi diddydicky:) Thanks for getting back to me on this.