ZENTRIX9
-
Posts
568 -
Joined
-
Last visited
Content Type
Profiles
Forums
Post article
CAGMag
Blogs
Keywords
Everything posted by ZENTRIX9
-
sri can you type that 1st sentence again? Is this meant for me DX and if it is can you explain, not sure what you mean
-
Hi dx, ok, if Arrow are the owners are they now liable for my section 75 claim? The refund of the payment plus interest at 8%. Can I also claim the interest payments that we, plus 8% interest? Yes had a NOA. Yes sent in the defense, dont have it with me now but basically the judge ruled in my favor in my case which is identical, so the judge tomorrow should do the same, hopefully.
-
My wife (A) has a debt with MBNA (B). It has been "allocated/sold" to Arrow Global. This debt was in dispute for a section 75 claim that she had with MBNA. MBNA said it was not a valid claim. I also had an identical claim and the court ruled in my case that it was valid and ordered MBNA to refund me. My wife has a counterclaim as I did Who now legally owns the debt? A has recieved a court summons from B and has to attend a court hearing. The court papers show Arrow Global as the Claimant. Now my way of thinking is this:- If MBNA still owns the debt and Arrow Global are acting on behalf of MBNA, then shouldnt MBNA be a "co-claimant" on the court form? Can I get the case thrown out of court as Arrow Global have no rights sueing my wife as they do not "OWN" the debt? Only the owner of the debt can instigate court proceedings? If Arrow Global say they now "OWN" the debt absolute, then any claims/refunds can be directed at Arrow Global. Arrow Global say that they :- The Defendant is misguided in her defence, the relationship between the Claimant and MBNA is limited to Assignor and Assignee. Whilst the rights and benefits of the agreement were transfered to the Claimant, the burden was not. So it seems that they are acting on behalf of MBNA and MBNA are not on the court paperwork as co-claimant! Any replies would be great as I am in court tomorrow. Or are they trying to confuse us, I dont think the judge will view this as good practice.
-
I'm off to court tomorrow representing my wife, its a hearing at the local county Court approx 2 hrs set aside to sort it out. Does my wife have to attend, she suffers with nerves VERY badly and I am afraid it will take my mind away from what it needs to be thinking about.
-
Hi all. I won my case against MBNA, now its my wifes turn. The judge ruled in my favour so they should also rule in my wifes favour as well as the case is identical in every way exept for the amount paid. Heres the breakdown :- Original payment was £2800 on 7/1/2008 We paid interest up to 16/06/2010 totaling £1817.51 So our total outlay was £4617.51 How do I calculate what I want to claim? I know that they should award the £2800 but what about the 8% interest? What am I entitled to claim and what else could I ask for the judge to award? I am waiting for a mediation call so would like the figures to try and come to some agreement. many thanks
-
The offer Virgin/MBNA sent me doesnt even give me a choice to turn it down! The only thing I can see that may or may not be an advantage to the court case is that if they deduct this amount then the amount that Arrow Global is chasing me for is then incorrect by a few thousand pounds.
-
This is the defence that I submitted for my wife. This debt has come about because MBNA would not process my section 75 claim. My husband had an identical case with MBNA, they would not process his claim either. We tried to sort this out with the FOS but they said it would best be sorted in court. MBNA started court proceedings against my husband and my husband won his case. Recorder Pepperall found in favour of my husband at Birmingham Crown Court, Recorder Pepperall said that he did have a valid section 75 claim. Based on this judgment, I believe that I also have a valid claim and want MBNA to pay me back what they owe me as set out in the Consumer credit act. MBNA state in their POC that the defendant has failed to make payment in accordance with the agreement, I state that MBNA has failed to adhere to the consumer credit act regarding section 75 by not refunding a valid claim, I find them at fault and negligent in the way they have bullied me into trying to make me pay for a debt they don't want to refund, for that reason I stopped paying them to make them address the issue. I believe that they have have breached their contract with me by not refunding me as they should have done as per section 75 of the consumer credit act. I am making the counterclaim because the debt I am being chased for should not exist. If MBNA would process my claim under section 75 as they should have done there would be no debt. They have refused to refund me and continually tried to bully me into paying a debt that I believe I do not owe. My husband had an identical case and the court found in his favour. I have contacted the solicitors acting on behalf of MBNA and gone through the case with them, pointing out what happened with my husbands case and the still will not settle this dispute. This is a classic case of the big banks trying to wiggle out of paying when they know that if they wait long enough I will give up and pay.
-
myself and my wife bought something jointly using both our credit cards. We didnt get it and put in for a section 75 claim after waiting for the liquidators to say that there was no money left to refund us, so we approaced MBNA. MBNA said it wasnt valid. They took me to court and after 2 years they lost and the judge said that I did in fact have a valid section 75 claim. My wifes debt has been "assigned" to Arrow Global Guernsey limited. They have now started court proceedings against my wife. Now both situations are identical so if the judge says that I had a valid claim then surely my wife does too. I called Wilkins Chapman and explained this and was told that their client still wanted to proceed with court action. Arrow Global has started court proceedings and I have submitted a defense. I also sent a letter to Virgin/MBNA explaining everything and they replied. This is the gist of what they sent . My dispute has been accepted on a goodwill basis for the transaction amount only. They dont accept liability.They consider the offer reasonable and have no further offers. They will use the funds to reduce the card debt on the account. (lets call it £2000 as a ballpark figure) By crediting the account they have discharged any obligation they have relating to this dispute, whether under section 75 of the consumer credit act 1974 , or otherwise. If anyone else pays an amount relating to this then you agree to pay immediately to MBNA (to a maximum of £2000) The terms of this settlement arent to be disclosed to any third party except when: a) A court or other body with competent and compellable jurisdiction require such a disclosure. b) The non-disclosing party provides written consent. We trust this confirms our position. -------------------------------------------------------------------------------------------------------------------------------------------------- So where does that leave us? Do I use the case I won against them in court to set presdence? Do I show the judge the letter from Virgin/MBNA? If they have paid out the original card payment isnt that proof they are liable under section 75? I recieved Arrow Globals copy of the allocation questionaire today. They agree to mediation, they have also submitted a Defence to Counterclaim. As below: Save for any admissions herein, the claim is denied in its entirety for the reasons set out below and the Defendant is put to strict proof. The claimant is a well established international debt purchaser which aquires charged-off consumer debt. MBNA assigned the debt under account number xxxxxx to the claimant under the terms of a debt sale/purchase Agreement dated xxxxxx ; notice of which was provided to the defendant on or about xxxx. The outstanding balance as at the date of assignment was £xxxx, being the purchase balance. The Defendant's counterclaim, as pleaded, relates to the alleged actions and/or omissions of the originating creditor, MBNA, prior to assignment of the account. The claimant is not in a position to comment on the sam. The counterclaim discloses no cause of action against the claimant and is self evidently an abuse of process. The statement of case discloses no reasonable grounds for bringing the claim and/or does not amount to a legally recognisable claim against the claimant. Further and/or in the alternative the counterclaim as pleaded does not contain sufficient particulars to permit the Claimant to file a properly particularised and pleaded defence. As such the Claimant is unable to plead effectively or at all. The Claimant is embarrassed. Having regard to the above, it is verily believed that the counterclaim discloses no legally recognisable basis for bringing the claim against the Claimant. The Defendant has no real prospect of success and is likely to obstruct the just disposal of the proceedings. Further and/or on what legal basis the counterclaim is brought. In the circumstances the Claimant requests that the court strike out the counterclaim pursuant to CPR 3.4 I have to file by Friday at the latest so if I can add to my defence I need to do it today. All help will be appreciated
-
Update: HSBC have been sent a breakdown of PPI owed etc just over £4000. They have offered to pay me just over £6000, so I have accepted and sent the paperwork back. Waiting for the deposit into my account now
-
I will be claiming PPI and interest for the section 75 claim on the card. Approx 10k on mine and £300 on my wifes
-
Something doesnt add up. On the terms and conditions under your right to cancel it says you have 5 days starting with the day after you receive this copy. On the agreement under the PPI section it states that I can cancel the cover in the next 30 days. The way I see it is the terms and conditions I have been given must have been sent afterwards and was not part of the original agreement otherwise I would have a similar right of cancellation as the PPI? or am I wrong?
-
Here are the terms and conditions which they say are the original. http://i911.photobucket.com/albums/ac318/zentrix9/MR%20HSBC/20140114_234551_resized_zps1d6aacb9.jpg http://i911.photobucket.com/albums/ac318/zentrix9/MR%20HSBC/20140114_234659_resized_zpsd76c7802.jpg http://i911.photobucket.com/albums/ac318/zentrix9/MR%20HSBC/20140114_234716_resized_zpsc46a6880.jpg http://i911.photobucket.com/albums/ac318/zentrix9/MR%20HSBC/20140114_234733_resized_zps52a84d68.jpg http://i911.photobucket.com/albums/ac318/zentrix9/MR%20HSBC/20140114_234746_resized_zps7c33c341.jpg Hope the quality is ok. You can see the leaflet outline on the first photo.
-
Bump. Anyone have any help or views?
-
On the credit contract it says the date and the PPI box is ticked so this should prove that the PPI started from 2002
-
Thanks dx100uk, I started paying my PPI in 2002 but HSBC say they dont have the statements for payments before 2004, Is there a way of claiming for the months they say that they dont have?
-
I will post up the documents very shortly so you can see the T&C for yourself. Looking at the photocopy I can see that the Terms & Conditions are a leaflet, like the type you find on display at the bank. I remember now being told that they had run out and would send them on. So on the day we wouldnt have recieved them and they would not have been part of the agreement that was signed on the day!
-
Today I have been looking through all my paperwork to recap on what documents I have. Looking at the terms & conditions that they sent me that they say are the "original ones " I notice at the back there is a cancellation form. Now on the document (the rear) I signed that they say is the agreement it states that I have accepted the terms of the agreement overleaf, there were only 2 pages. I dont think that they had the prescribed terms as part of the document I signed. I think they sent them afterwards which is why the cancellation form is at the back. I would not have therefore read the T&C. I remember the HSBC representative filling everything in and saying sign here. We were told interest rates etc we had banked at the branch for some time and were friendly with the staff. Looks like they were only looking after the banks interest, not ours. It states on the "agreement" in the right to cancel box that details of how to cancel will be sent to me. So if these terms & conditions were given to me on the day it does not tally with what it says on their "agreement" If this is the case then the "agreement" does not comply with CCA and is unenforcable and improperly executed. I have two other terms & conditions, the notice of variation and current terms, neither of them have a cancellation form attached. I think there should be as when you are notified that there is an increase in interest you dont have to accept it and do have the right to decline it and cancel your agreement.
-
If HSBC have not given me the T&C with the padlock symbol then they would not have complied with my CCA, SAR and other document requests. My case should still be in dispute and shouldnt have progressed any further.
-
Looking at Personal Data next to where the signature box is there is a picture of a padlock and it states that :- By signing this agreement you are confirming that you have read and accepted the terms set out next to this symbol overleaf on your own and on behalf of any additional card holder and that you do so with his/her authority. Now I have looked at the terms & conditions that have been sent to me which are the ones that the judge looked at and said that the Application form is a valid contract because it refers to the prescribed terms overleaf. The padlock symbol is not there at all, so do I have an argument that they were not the correct terms and conditions? So the prescribed terms were not present or correct? If the correct terms and conditions were not with the Application then it would not form a valid contract and would not until they did present the correct terms and conditions. If it says the prescribed terms are next to the padlock symbol and its not there then it catn be the document that they presented to me upon signing the application. They have only half the document to rely upon.
-
In the signature box it states that this is a credit agreement regulated by the consumer credit act 1974 only sign it only if you want to be legally bound by its terms. Thats great, when they havent complied with the act by including the prescribed terms! I also notice under personal data it states :- I apply for a credit card to be issued to me The term apply indicates to me this is not a contract. Its very confusing, there are multiple occasions were application and apply are used, then also it says tis is a credit agreement. So which is it? I also cant remember ever recieving details of how to cancel
-
Thanks Andy, can someone help me out on this one as my wife is climbing the walls.
-
My wife has a credit card account with HSBC. The account is pre 2007 and it states "Credit Card Request Form" on the top of the sheet. The judgement was done over the phone as a conference call, I tried to put my point over that the contract was pre 2007 and that it was un-enforcable due to there being no prescribed terms and conditions on this request form, which the judge decided was a "legal contract". It clearly states in the consumer credit act that if they are not present then the contract is no properly executed and in not enforcable. I wanted it to go to court so I could get HSBC to present the original contract in court as they are complied to do if they want to enforce the debt. I went down the route of unenforcabel but think I would have a better chance if I followed the not properly executed route. Anyone have any helpful input as we have had a letter today saying that they may take us to court to make us sell the house to make us pay the debt of £7000 if we dont sort a payment plan with them. We are also paying interest on the debt.
-
Can anyone answer this for me. If I claim PPI and the last date I paid it was say for example 3 years ago, do I also add 8% on top of the PPI for the 3 years?
-
Any chance someone could have a quick look at my thread for me . I need something checking over before I send a letter. Ta http://www.consumeractiongroup.co.uk/forum/showthread.php?414390-FOS-Claim-court-action-MBNA-credit-card-beat-em-)&p=4439584#post4439584
-
This is the basics of a letter I have drafted to MBNA, could someone check my working out and if I am legally within my rights to ask for what I am asking for. During 2010 I submitted a claim to MBNA under section 75 of the consumer credit act. The outcome was that I was refunded £8800 (the 3 payments the claim was for) and £503.44 for interest from the time I reported it to MBNA I submit that MBNA has refunded me incorrectly. I believe that I should have been refunded the original payment, all the interest payments I had made since the purchase and 8% statutory interest. My figures are detailed below :- Total amount originaly paid on my card was £8800 From the time I paid for the item and the refund I paid £5078.62 in interest. These two figures mean I have paid :- £13,878.62. x 8% statutory interest = 1110.29 / 365 days = £3.04 daily interest £3.04 x 1098 days = £3337.92 13,878.62+ 3,337.92 £17,216.54 This amount is what I should have been allowed to claim, not £9,350.00! This is a shortfall of £7866.54, so I think that I am within my rights to ask for this amount, PLUS 8% statutory from the date HSBC refunded me £9,350.00. ------------------------------------------------------------------------- So, from 17/01/2010 to 08/01/2014 (1453 days) £7866.54 x 8% = 629.32 / 365 days = £1.72 daily interest. £1.72 x 1453 days = £2499.16 7,866.54+ 2,499.16 £10,365.70 This is the amount I believe that MBNA now owes me.
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS