good luck postggj, you sock it to 'em H

In my opinion, this means that the "contract" (e.g. the raffle ticket) is with you and it is your claim. Would need to check with someone more in the know though. As an alternate to the above, who is to say that you didn't loan the money to your daughter for the emergency dress? If it is "her" claim, then it would need to be in her name with a mackenzie friend (Probably you?) acting for her I believe. H

OK, now that the letters have been sent, I suppose I can say abit more about their final response. Page 1 Page 2 Few comments about this letter: She says it was only "selected for sale" on the 17th, however, several people in telephone calls have confirmed it was sold about then, and the Comms log says: ***SOLD TO 1ST CREDIT-REFER TO 08701642040*** ***SOLD 16FEB2009 – BALANCE AT SALE WAS £XXXXX So her saying that it was not sold is an outright lie [*]They confirm there were only 17 days for the Default Notice. It was sent on a Friday by 1st class and arrived on a Tuesday, thus only giving 13 days. [*]They state that 1st Credit will have sent the notice of assignment, despite me pointing out the requirements of the LOP act 1925 in my previous letter. So, in response to this, I sent her a 6-page letter "breaking down" all of the issues and pointing out that where her letter was not incorrect, it proves my points. I also broached that she had could probably be taken to have dishonestly made a false representation to cause a loss to my OH and a gain to MBNA in her letter and gave her 14 days to correct this false representation before i considered approaching the police, etc. I also coppied the letter to several of the board of Directors, with a covering letter outlining the events, the Compliance officer, with a cover letter raising MBNA's failings in complying with legislation, internal procedures, etc., and to the person who prepares MBNA's Money Laundering Report, with a cover letter pointing out that MBNA are charging accounts off against tax prior to them becoming irrecoverable and that HMRC might be interested. 1st credit also got a copy and so did the solicitor from LCS. The one to the Solicitor pointed out that 1st Credit have failed to provide a compliant credit agreement (poor microfiched application form with no prescribed terms) and 1st credit were made aware of this quite some time ago. MBNA have not been told that we know the agreement is naff yet. H

Yup, the acc is in dispute, well, more doesn't exist because they terminated off the back of a Default Notice that did not give 14 days from service (They have confirmed this by saying it gave 17 days from the Date of the notice which was a friday) and stated an incorrect value for the arrears and the entire balance was Penalty Charges that they have since refunded. The thread is at: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/180982-mbna-improper-default-notice.html H

bump

Actually, I have just had another thought - if you wanted to hit them where it hurts, you could put in a court claim for the Bank Charges before the expiration of the DN (so that it is served before the 1st). This would probably get stayed automatically or at their request, but it would put it in the courts so that their hands would be tied and they would not be able to do anything else. E.G. if they tried to initiate court action, you would have it struck out as an abuse of process as the account is already subject to legal proceedings. IF they try to offset the charges against your main account, they would be trying to take action while the matters were subject to legal proceeding and they could be in contempt of court. The good thing about them including the charges in the DN is that if (when) the charges are rulled unfair, etc. then the DN they have sent you is completely ineffective and they would have unlawfully removed your overdraft/closed that account and any data on your credit file would be inaccurate. H

hello again GF, how's uni going? I'm in my 2nd week back and I have already had about two or three different breeds of cold :/ Not good on the Default Notice front, but it could turn out to be very good when/if the bank charges situation resolves in the Supreme Court and with the OFT. How much of the £938 is Lovefilm and how much is charges? I can't remeber if you have already put in a complaint (read "dispute"), if so, they shouldn't have send you a Default Notice (shouldn't but they always do...) I am also supprised they sent a Default in relation to a heavily-bank charged account given that the test case is still ongoing. What helped my OH in her fight against Abbey was sending a "complaint" letter expolaining the situation and that the charges were causing hardship, etc. to the CEO. It might be worth us drafting up a letter to send to the CEO, and pointing out that their internal communications are naff always helps as well H

I was just thinking, who entered the raffle? you or your daughter? Also, should you not be claiming the "damages" you suffered from her not supplying the dress (and not it's actual cost)? Directly, that would be the entire cost of the replacement dress H

It's not an old one, it's and ongoing mess about my OH has with MBNA / First credit (only ongoing since feb...) H

I have seen Dell take a month, but they "build to order" and what had been ordered was quite specialised and they had screen shortages. However, Dell made everyone aware at the time of order! Acers are not "built to order" and are an off-the-shelf type of PC. H

Other meanings: 1. The act of enforcing; compulsion. 2. A giving force to; a putting in execution.. 3. That which enforces, constraints, gives force, authority, or effect to; constraint; force applied. 4.To keep up, impose or bring into effect something, not necessarily by force. 5.To give strength or force to; to affirm

Therein lies my point! This is why it is a Rankine moment for me... It seems that the Claimants counsel was not well prepared. Even the person who WROTE the act considers Enforcement to be "take advantage of". HOWEVER the judge also considered that, as the creditor was going to correct the default, it would therefore not be useful to grant an injunction preventing the sharing. H

Yes, I agree that the signed application (what most lenders consider the Agreement it seems) gives the contractual right to share data, but if the agreement cannot be enforced, neither can this term. I agree, and I think a distinction I should make is FURTHER data sharing from the point where the creditor becomes aware of the unenforceability is what I have an issue with (unless the agreement was completely iredeemably unenforceable from the start, and is therefore a "gift" relationship and not a Creditor Debtor Relationship). The CCA makes it clear that it is the agreement that becomes unenforceable (all the terms, not just one) but it does not specifiy what enforcement is, I'll agree with that. However, what does the word "enforce" actually mean? answer - to take advantage of. I hope this kind of makes sense :S H

Yes, the Consumer Protection (Distance Selling) Regulations 2000, the ones that give you the 7 working days from delivery to cancel the order. They also state that Delivery should occur within the time period specified in the order and definitely within 30 days. From the OFT, Basically, you can cancel that particualr order for a full refund. HOWEVER, if you were buying as a business, these do not apply and you would have to sue them for the costs and damages you suffer from their non performance. H

OK, I thought the HPI might say that. It still implies that the loan is "secured" on the vehicle though! To be honest, I am not too sure about this sol, I can't even find her on the Law Society as the name I have been given is not down as a registeres solicitor at the practice. H

Yes, the debt still does exist. BUT they have no entitlement to take advantage of any term of the unenforceable agreement. OK, if the agreement didn't say anything about sharing data, would they have the right to? If the agreement gave them the following rights: Receive payments from you of £1000 Charge interest at 5% Add Late Fees Share data with 3rd parties sell the agreement and the agreement is unenforceable, which of those rights, granted by the agreeement, are they allowed to enforce and take advantage of? If they are only not allowed to obtain payment, but are allowed to enforce every other right, then the only this not enforceable would be obtaining payment. HOWEVER, what does the CCA say? does it say that one particular term becomes unenforceable or the entire agreement (a collection of terms)? As for us "sharing" data, it is not a right granted by an unenforceable agreement. For companies to share data, they MUST have a contractual right to do so. Additionally, us sharing our experiences and knowledge are not going to stop that company obtaining a mortgage or being employed. H

But, the "right" for them to share that information is a right granted by a term of the (currently) unenforceable agreement (it's not just the "Pay Us" term that become unenforceable, but the entire agreement). H

"It's Not Just Finance, It's M&S Finance" Well, that it just a bit naff of them! did they send you a Default Notice? H

Right, update time. In no real particular order, here is what the Sol said: Need to establish if they registered an interest on the car in the HPI Register. If they did, it is a Hire Purchase agreement and they took the car without a court order. If a loan, no right to take the car as it wasn't secured. PPI - was miss-sold as OH had full sickness pay at the time. Also, the cover was inappropriate as it included Life Insurace for 4 years. The Dealer was an agent of the Finance company, not of my OH. The only time they acted as an agent for OH was in giving notices to the Finance Co, such as the application. The Commissions were not "a charge for credit" Basically, what she is going to look into: Is the agreement valid and have they breached the terms of it? Going to get the back-dated HPI register of the car. And apparently, what we would be claiming for would be: Claim for the PPI and interest Repudiation of the contract for all funds back. I don't suppose you have any comments Steven? H

So, my OH got one of LCS (1st Credit...) lovely pieces of toilet paper threatograms. This got me looking into their Law Society registration so that I cantake suitable action and I note that they have 0 solicitors at their one and only office. The Solicitor listed as the Principal for LCS is actually "registered" to 1st Credit. Now, given that they have no solicitors, how can they be sending out letters? Obviously it will have come from 1st credit, and are they "pretending" to be a solicitor when they are not? or are they just pretending to be someone else? Thanks, H

So, update time, MBNA have sent a Final Response re. the unlawful termination basically saying that we are wrong and they are right. We have now received a letter from LCS Solicitors (1st Credit's Inhouse Monekys) and on looking at the Law Society pages, LCS have no registered solicitors? Does this pose a problem for them as it is clearly 1st Credit pretending to be solicitors when they are not! H

HAs there already been a Default on your file when Nationwide had it? e.g. did Nationwide place a Default there aswell? I also seem to recall that Defaults should be placed on Credit Files within a reasonable time Finally, is the debt actually Statute Barred? H

Thanks Steven, I'll post an update after we have seen the sol (Well, i'm coming in by telephone) H

OK, so I took the plunge and got the list of Directors from Companies House last night and here are the names of the Directors: Dennis Arnum, Chief Operations Officer - International + Jonathan Paul Moulds, Bank Officer, Chief Executive of Bank of America, Merrill Lynch and Banc of America Securities + John Sullivan O'Doherty, Company Director, Chief Executive* Annette Marie Barnes, Business and Transformation Executive * Michelle Sylvia Greene (or Walsh), Company Director, Systems and Controls * Robert William Lamantia, Executive Card Services Fianance * Miguel Angel Sisternas Martin, Regional Executive * Lynn Walter Stetson, Senior Risk Executive * Other Contacts: Alyson Elizabeth Mulholland, Company Secretary * Caroline June Haynes, Compliance Oversight Arthur Nevelle Williams Hughes, Money Laundering Report * Address For Documnents - Stansfield House, Chester Business Park, Chester, CH4 9FB +Address for Documents - 5 Canada Square, London, E14 5AQ Hope this all helps, H

Bump