to the kingdom

grease

fizzy

spinning

head master

This makes sense Strawdog, thanks, is it an fpn or a pcn? But you could have a malevolent do-gooder removing peoples fcn/pcn's and putting them at risk if the law says issued means issued and excludes any argument. see what I mean. But then if they left it open to discuss I guess everyone and their dog would say they never got it or the wind dislodged it or a friendly kestral dive bombed it thinking it was a yellow mouse! HH

the word was ASH, has it gon in the trash, or in the stew

Flash the cash, pie & mash, stash trash, make a hash

Recieved 'Notice To Owner' today 28/10 for PCN allegedly attached to car on 6th Sept. The issueing council forwarded me two images and these clearly show the ticket on the car and it position in a motorcycle bay. This was my daughters company car and her Mum and I were there. There was no pcn on the car upon our return and we all bear witness to this fact. There appears to be a valid contravention but what happens when a pcn is tampered with, removed by a third party or just disappears and thus not received? In this situation you have lost the chance of the discount period as you only get to hear about the contravention when you get the NTO. There must be some mitigation of the increased charge that occurs when they call it a late payment, when one has lost the discount charge offer due to the time lapse, which in our case was 7 weeks. Though the council willingly emailed the pictures thay have not emailed a copy of the pcn, which I am keen to examine!! Assuming the pcn is in order, what can anyone advise? HH

Gr8 GM Good to keep an ace up ur sleeve!! The shock of sudden loss may make em think twice b4 takeing the next person to the cleaners. like to see their faces when you tell them, can u record the conversation? some answering machines have a call record. Have a good day H & H

SPLAT - just landed! Hi GM, I think they would have a job to get the council to cough up for you. Surely a charging order is taken on the property owned by the 'debtor' and I expect the 1st charge holder (mortgage co) would have to agree to it i.e. there would need to be some equity in da hose. Comments welcome from any one who's had one of these imposed H & H

Jack-in-the

Hi must jus pop in to comment. I believe ignoring is not the best policy, I would not wish to be ignor-ant. Any creditor legit or not will appreciate correspondence over silence, even when it makes em fume! (I've had to chase debts sometimes) Communication keeps the world turning. When I have tried ignoring creditors things jus seem to get worse and when I've communicated it all feels better even if its not!! Clear the head--get on paper Cheers H & H

Thanks GM and Pq1 Well Pq1 the C.C.A has been dealt with and the response was, well, sort of BOG OF! we don't want to discuss this any more and we will default you soon. That reply is on the photobucket link with the other docs. Is the S.A.R you suggest different to the 1st letter I sent (on view above) with the £1 postal order? H & H

Its better in even numbers so they say in china. there's glamour in dozens, 10's just seem well metric to me.:grin: Did I see you advisin in the benefits section as well, you must help lots of folks get sorted. Think I'll point my daughter toward the benefits posts, her hub is out of work and just signing on and they want this years self employed accounts and they are not done or due yet. I said they should accept the most recent years acc's. Keep a spare bottle on you at all times You never know u no who may want u no wat. BFN HH

Great Scott Pudsters!! I just read ALL of your defence - it is 'Mon Deu encredabla' (gutteral french) You should get a medal for that, certainly leave's nothing for the judge to waiver on, well not that I can see. if I end up defending I will certainly use relevant bits of your defense, unless you copyrighted it. How have you got on with it? Best H&H

Hey, its a mutual here, hope the itch means healing but dont get an injured hand as well! Bless her giving you good nights, she,s doin really well then. Sounds like she's an early teether but man if she's hungry why not giv her more. Back to borin biz. When I have done letters I'll post up for approval b4 post, tomorrow morning most probably. Have a good 6 hours, I'm gonna try for 7!! Cheers H&H

Thanks GM, Get that rolling tonight if get back from work early enough. An interesting thing in the CC Act amendment re. electonic data being legal/binding, indicates we can email our letters and notices avoiding the hastle of going to post office and recording deliveries (and so can the banks). I wonder if the contact details on forum cover email addresses, have to take a look. All the posts I,ve read suggest recorded del. hard copy letters I wonder----------? Hows baby and mum progressing? Cheers H&H

Thanks Gm, That act says it all. Tracked down the 'electronic communications' section, which I think was your intention, when I quote this act amendment in a letter can I say that 'the online application in no way constitutes an agreement as it is not in the 2004 required format AND was issued 20 months before this process was covered by the act. Do you think these are both valid points? And then if they are valid they have no agreement from me to permit data sharing i.e. my info with the CRA's, so would you quote all this in the notice to the CRA? I just also thought, s'pose one has to write to at least all 3 main CRA's i.e. experian, equifax and (can't remember other one) The 'friendly' mbna staff have been ringing daily with a vengeance and in august sent me a pretty post-card, but not from Spain! Only Chester Oh well off to bed now, dream about all those lovely folks in Chester ringing to say happy 'debtorday' tomorrow (well today technically) Best HH

Good Morning GM Thanks guys for the opinions expressed and the links were so usefull Yes GM I can see now it does seem highly contestable. And citizenB re the application doc, think I've seen this question elsewhere on the forum so if anyone has info on this application form please come forward! Specifically meaning Abbey (MBNA managed) around April 2005. Maz, re our online applications, seen somewhere that there was legislation or regulation in 2004 thus it could be that online apps pre 2004 could unenforceable and invalid. Mine is 2003. thanks for the earlier post! Having now seen the opinions and links so far on the applications etc this leaves another pivotal issue, and one that perhaps could be followed through on, namely; Blocking a Default and/or Removing defaults. 1/ The first issue I see is "can one apply pressure on, warn or advise a CRA to ignore a banks reference notifications (if thats the right term, hope you know what I mean) where the agreement is unenforcable, non existant or outside of the CC Act" thus keeping the record clear of the rogue banks attempts to discredit an individual, and the second; 2/ What are the implications and method in having a credit record cleaned after the event. However this question may be covered allready but these two are hand in hand it seems to me. Back to MBNA - HH, any advice on my next letter to fire out, two points I really could cover are 1/ the unenforcability and 2/ that, based on the documents they provided I have not agreed to the sharing of my information to any other party (signed for t&c no 11 which is nothing about info sharing). Did not find anything in library's that quite fitted----any suggestions?----also would it be effectual to write to the CRA's regarding the impending mbna default and quote any legal stuff? Have a good day Best Harrassed&Hopefull (the latter gaining ground now)

Thanks GM and others Whew, you are like a breath of air, your comments are most encouraging and give enthusiasm to go on. I got quit a lift when i read your responses, its like a dry desert out there. Maybe this could be named the consumer oasis group. The password for my photobucket viewing link is station and the docs are in the 'cagme album' Do post if have any viewing problems or if you want to suggest a better mode to view in. Thanks again, catch you later. Harrassed&Hopefull

Hi Yea this site is like accelerated learning gone berserk to the Nth degree, its like the working persons revolution of 1341 all over again, Vive La Christina of Codicot, when they argued unfair taxes and won. Please take a quick look at my link as I believe I am being 'taxed' unfairly by a cc bank I've scanned and uploaded 2 sets of cca agreements, t&c's and letters etc, and I,m trying to avoid being defaulted. Think the agreements are invalid, one is an onilne application from 2003 and the other is a posted application form on which I signed amongst other things to my agreement to sharing my information as shown in section 11 of the t&c.s. HOWEVER sect 11 is not about info sharing at all!! It would be great if you could look at the thread, http://www.consumeractiongroup.co.uk...ault-mbna.html Did I do the right thing in starting a thread or would it be more appropriate to piggyback an existing thread. There may be some forum etiquette to follow in this! Thanks. H&H

Hi Guys Please advise!! I've scanned and uploaded 2 sets of cca agreements, t&c's and letters etc, and I,m trying to avoid being defaulted. Think the agreements are invalid, one is an onilne application from 2003 and the other is a posted application form on which I signed amongst other things to my agreement to sharing my information as shown in section 11 of the t&c.s. HOWEVER sect 11 is not about info sharing at all!! It would be great if you could look at the thread, http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/161135-block-impending-default-mbna.html Did I do the right thing in starting a thread or would be better to piggyback some existing threads. Thanks. H&H

Oh Dear, Have I posted this correctly or did I miss something. HEELP

Hi, Help urgently needed please with two MBNA 'agreements', one an online in 2003 and one is a postal application form. Copies of all mbna docs can be see at; (password = station) Login to a private Photobucket.com album My 2 Letters are below. I served the CCA notice and they sent me the copies of the 'agreements' & t & c's, which do not seem to meet the necessary criteria shown in the stickies and library. Due to this I sent a further notice that they had not complied with the consumer credit act BUT they responded that they would not discuss this any more and continued to add interest and request payments. Now in about 6 months I am going to need a re-mortgage so I definately cant have a default put on my file, it would be a problem. The questions that I ask are 1/ are either of these two agreements legal and enforceable or not and 2/ if not then is there any means of preventing or circumventing the entry of defaults on my credit file (this is an imminent possibility as shown in the document link). 3/ I have been offered a settlement discount, don't have the lump sum needed but more to the point they will mar my credit file with an entry showing two closed accounts and settlement arrangement. 4/ may I legally tell them they are not entitled to pursue this or make entry on my file, and/or advise the Experian's of this, would they take notice? You will see that the postal application doc shows my agreeing to t&c section 11 (sharing my data around) but in the t&c they attached the data sharing is at different section of the terms. Does this have any importance? Last year I paid off 5k in a lump sum which was about my actual borrowing so this is mostly interest and charges left on these 'agreements'. Hope this is clear, tried be brief, links to follow. Big hug thanks to anyone who helps! Harrassed and Hopefull Note 2 copies sent, one for each of two accounts 11th January 2008 MBNA Europe Bank Ltd Stansfield House Chester Business Park Chester CH4 9QQ Dear Sirs ACCOUNT NUMBER: 5186xxxxxxxxxxxx I have not received a true copy of any agreement with MBNA and therefore do not acknowledge any debt to your company. I require you to provide the following documentation before I will correspond further on this matter. 1) You must supply me with a true copy of the alleged account agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within Sections 77-79 of the consumer credit act 1974 – your obligation also extends to providing a statement of account, showing exactly what charges the balance you allege exists is constituted of. I enclose a £1 postal order in payment of the statutory fee. 2) A signed true copy of any deed of assignment of the above referenced account agreement if the above account was taken over from another party. 3) You are notified that you are obliged to supply these documents within 12 working days whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA, and therefore is a complete defense to any court claim that is issued. I would also request that any future communication be made by letter and not by telephone. Looking forward to hearing from you during before the expiry of the statutory period. Yours Sincerely 2nd letter sent after receipt of mbna documents applications and t & c. 8th April 2008 MBNA Europe Bank Ltd Stansfield House Chester Business Park Chester CH4 9QQ Consumer Credit Act Agreements PLEASE TAKE NOTICE ACCOUNT NUMBERS: 5186xxxxxxxxxxxx/ 5186xxxxxxxxxxxxx On 11/01/2008 I wrote to your company two properly and legally formatted requests for a copies of the above credit agreement as required by section 78 of The Consumer Credit Act 1974, relating to the above accounts. I enclose a copies for your convenience. As of today’s date your company has only provided me with two copies of application forms, and two sets of your company’s terms and conditions. As of the 28th Jan. 2008 your company was in default of section 78 of The Consumer Credit Act 1974, and on the 11th Feb. 2008 your company committed an offence under the said Act. I set out below the relevant section of the Act. (6) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence. I draw your attention to section 78.6.(a) and (b) above. It is my contention that section 6 (a) precludes your company from applying any interest or other charges, or taking any other action that would have been your companies entitlement, had your company complied with my request. As stated earlier you have provided me with two copies of application forms, and two copies of terms and conditions, I have examined these with great care, and they do not contain any provision to which I have agreed that entitles your company to provide information to third parties. I enclose a copy of the application forms I have received, and have highlighted the Data Protection Act section. Consequently it is my contention that your company does not have my express permission to pass my data to third parties. In conclusion what I require from your company is as follows. • A signed executed copy of an agreement relating to the above account. or confirmation that your company are unable to provide said agreement. • That your company upholds the Banking Code section 13.6 which states:- ‘We may give information to the Credit Reference Agencies about personal debts you owe us if: The Amount Owed is Not in Dispute’.The circumstances leading to this notice constitute a dispute under the code. • That your company removes all reference to me from my credit file held by all Credit Reference Agencies. • That your company ceases providing Credit Reference Agencies with any of my personal data. • That your company cease applying interest and charges to the above account, and remove all said interest and charges made to the accounts. • That your company forward to me updated statements showing the credits for any fees and interest previously charged. • That your company ceases all collection activity, both by telephone and letter. • That your company acknowledges receipt of this correspondence as soon as possible, but within seven days. If your company does not comply with my requirements, I will take such action as I deem appropriate, including, but not confined to reporting your conduct to the relevant enforcement authorities. Yours faithfully