Hi Hopeful CO is only a restriction notice which means that your solicitor would only have to advise that the property is being sold/remortgaged etc because its a jointly owned property but not a joint debt.

More than likely

congratulations - it will be interesting to see if they do send a new DN - guess you'll soon find out!!

They are using the Data Protection Act saying that the original documentation isn't filed in a relevant system etc therefore doesn't have to be produced.........................

The latest RBS/Natwest, HSBC & HBOS are saying now is that they don't legally have to produce signed agreement under subject access request made under s.7 (1) DPA - guess this is their latest method of avoiding the effects of unenforceability

You must declare the account to the OR. However the OR will let you retain a bank account - just no overdraft facilities so don't panic.

Take it you're referring to Rankine.......................nope they still need a signed agreement containing the prescribed terms

Definitely ..............plus the interest they have charged you - don't forget that!!

The internet forum is research - then I guess you nwould have had to go to libraries etc to actually research the relevant law as well - everyone knows you don't just accept what you are told on the internet.................

yes ...............you have a good case:D

Nope..........whatever secured loan is left unpaid becomes an unsecured loan and as the debt originated prior to bankruptcy it will be effectively wiped out.

If you don't have many assets or equity in your home bankruptcy would probably be better as it gives you a fresh start. Save paying these sharks a load of fees

Absolutely nothing would be my guess!!

Goodes consumer credit law & practice makes it clear that any steps the lender takes after the debtor fails to comply with a DN are optional. "Once the notice expires without remedial action by the debtor (see CCA 1974, s 89) the creditor may take any of these steps. The creditor’s position is slightly different where he wishes to demand accelerated payment. Before he may do so, he must give warning of his intention in a default notice: sub-s (1) and the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (see III[13.61]). The payment does not fall due automatically when the notice expires, however; the creditor is then merely entitled to make the demand""

subscribing

Well done!! Did they just pay damages or did they actually provide a copy of agreement or confirm they don't have it??

Can you scan it in minus any personal details?

In that case the Lender had proceeded to terminate the account, liquifying the total amount outstanding, grossly misstating arrears in process and then issued court proceedings. If the lender had realised that they had issued a invalid default notice PRIOR to the termination of the account etc then they are able to "cure" the defect simply because they have not actually terminated the account at that point they are merely saying what they are going to do if the breach isn't remedied. Court proceedings being issued are in themselves effectively termination of the agreement as the lender is not entilted to all the money owing unless they have complied with s.87. Therefore any court proceedings are dealing with a DN after the account has been terminated by a invalid DN.

make sure agreement in writing (lol how ironic!!) and that money is paid to MBNA via a third party otherwise they have wriggle room to come after you for the rest...................

The lender can "cure" the defect by issuing a fresh DN UNLESS they have already terminated agreement and say sold it on or issued court proceedings. So current advice on here is not to alert the lender to the fact that you are aware that the default notice is defective until it is too late.................

Is the agreement a consumer regulated one? If so when was it taken out and have you had a copy of the CCA itself or the default notice or Notice of Termination? If not then you need to write to other side & give them 14 days to disclose the documentation or you will make an application to court for same. If not received then make the application asking at same time for all enforcement proceedings to be stayed till production of documentation requested. If documetation produced is not enforceable then you can either ask for judgment to be set aside on basis that unenforceable agreement or ask the court under s.142 (2) to make a declaration of unenforceability. Yes as an interested party you will be able to make representations to the court in this matter. However worse case scenario if you are joint owners of the property and this debt is not a joint debt then the charging order will only be a restriction in that your solicitors would only be obliged to notify them of any sale - they wouldn't be able to get either an order for sale or stop you selling till they've been paid.

Hi I would take a look at this thread as a way of getting the documentation http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

Thanks Caro xx

Just to give you heart.............:grin: GE money through their solicitors Howard Cohen threw the towel in last week and discontinued their claim against me even though they were using the Rankine argument. I had defended on basis that the agreement was unenforceable and they had served a variety of faulty default notices..............:grin::grin: I was told the day before the case was due to be heard ..............now I'm just trying to workk out waht I can claim for costs...........