Jump to content

jcbkabs

Registered Users

Change your profile picture
  • Posts

    201
  • Joined

  • Last visited

Everything posted by jcbkabs

  1. didn't get all the court letters as only getting the letters when the post man i know was on not our regular post man
  2. how should i apporach this pay it all up or file a n244 form as i think the have deceived the courts by changing my address while knowing i still live at the address they changed it from hoping not for me to put up a fight
  3. the amount by the time it got to court the claimed was owed went up to £3300 + £2000 in costs
  4. yes he also granted a charging order as well as their costs of £2000
  5. Hi all i sent a section 78 to mbna in feb 2009 they finally replied in feb 2011 bow my question is if the account is in dispute can it be passed to a third party or issue a default and can they take legal action while it's in dispute? can you let me have the section of the cca that states they can't ? i was was trying to find out if i had paid any ppi and tick the box on the form so sent it to them in feb 09,they replyed in jan 2011. They said it is not easily readable (which i agree) and they would supply a readable copy still waiting in feb i recieved a court summons but only by accident they had changed my address from a house name to a number which i had not informed them about. had a letter off restons giving a date for court on the morning of court went told juge correct address but the court carried on sending letters to the incorrect address now received a warrant of exicution so looking to file a n244 form but need help filling it out have the letters i sent to mbna before the refured it to restons. also sent them a sar request but thay didn't include a copy of the default in with this nor any of the letters i have sent them or they have sent me there is about £450 in charges, and given in the the court after the hearing include a list of telephone calls but not all of them. the date they say in their court papers the default notice was issued is different to the one i received I stopped paying because i broke my foot and being self employed didn't have any money coming in was off work 10 weeks but still having trouble with it as we were able to manage to py our mortage and council tax which we kept up to date. The judge awarded £2000 in cost when account went into dispute i owed less than £2000 an he also granted a charging order i suffer from depression and stutter when standing in front of people to talk if this is all jumbled sorry thanks
  6. Hi all i sent a section 78 to mbna in feb 2009 they finally replied in feb 2011 but my question is if the account is in dispute can it be passed to a third party or issue a default and can they take legal action while it's in dispute? can you let me have the section of the cca that states they can't i was was trying to find out if i had paid any ppi and tick the box on the form so sent it to them in feb 09,they replyed in jan 2011. they said it is not easily readable (which i agree) and they would supply a readable copy still waiting in feb i recieved a court summons but only by accident they had changed my address from a house name to a number which i had not informed them about. had a letter off restons giving a date for court on the morning of court went told juge correct address but the court carried on sending letters to the incorrect address and so did the court then i received another letter just before xmas saying it was in court sent solicitor to that as i was not able to attened now received a warrant of exicution so looking to file a n244 form but need help filling it out have the letters i sent to mbna before the refured it to restons. also sent them a sar request but thay didn't include a copy of the default in with this nor any of the letters i have sent them. i'm self employed and suffer from depression just got over a bout of it don't want it back as judge awarded a charging order and £2000 in cost when account went into dispute i owed less than £2000
  7. once i've written the letter is it best to email it to restons of post it to them and mbna
  8. Went to court to day and the DJ adjoured it for 21 day. would like to make an offer for full and final payment and if they accept it i woun't go back with a counter claim for harassment if they accept is but need to know what to put in it he didn't like me pointing out that they had a different address to the one their client uses and tthis has never been my address and are you allowed to change the date on the copied default notices but the one they didn't like was don't you think more than 2 phone calls aday is harassment? and you have the list of calls there can i have a copy of them as you client(mbna) hasn't responded to my sar request
  9. ok will go over the court this morning then looking to get a solicitor would this i be able to get legal aid if i entitled?
  10. Hi recived a Letter off restons again with the wrong address on it they've used this on the county court claim which i have recived but address is different to the on mbna statments. letter shows a court date of tommorrow. but not recived any thing off the courts sent a for back to them about a month ago stating the address restons where using is not mine and has never been mine and also different to the one MBNA use. what should I do ? what solicitor could i use in south wales?
  11. HI what can i send to mbna as i'm currently looking to try and get my out goings down as no money coming in at the mo due to starting a new contract and beening on 120 days payments. so looking at this agreement again as the the agrrement refers to othe terms and conditions which are not there on the application would this be enforceable or unenforcable. would be nice if there is a way out of it
  12. hi just a quick one thought that the person operating the camera had to be a police officer can remeber an artical in the mail where people where getting off due to the saftey parnership using civyys to operate camras and it was unable to ge convictions on the grounds that it broke the law
  13. does anyone know of any sites that will allow you to site your own caravan on as ive been offered a ex display static caravan that heaven would sell for over 40k i can have it for less than 10k just need to find a site to take it within approx 100miles of cardiff
  14. hi i'm now having letters off aic as you can see in the last pdf i uploaded should i just send aic the same letter that i sent dm?
  15. hi had a letter today of AIC pdf attached what should i send back to them? aicletter6apr10.pdf
  16. problem is he gave the car back within the firs couple of weeks of having the car
  17. hi thanks will sort this and get him to post it on monday he was having a lot of phone calls off them but i got him to send them a harrassment letter and they stopped calling this was before xmas does this letter comply with any legal reqirement or is it just a load of crap
  18. hi please have a look at the pdf file and see what you think i think maybe a cc section 78/79 request godebtletter.pdf
  19. brother in law had a letter off them to saying that they wish to serve a statutory demand in bankruptcy against him so looking to see if anyone had had the same i thing this becomes 6 years old some time this year
  20. hi is it worth sending them something like ACCOUNT IN DISPUTE Dear Sirs, Account no xxxxxxxxxxxxxx Re: my request under the Consumer Credit Act 1974 Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter by cheque which has been cashed My request remains outstanding. The absence of any relevant paperwork confirms that I am not liable for any debt to you or lloydds, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’. I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. lloyds had until 18/02.2009 to provide me with the true copy I requested. they are now in default of my request. This alleged account is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency. To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation. If you continue to harass me without complying with my original request your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future. To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me. Be advised that any telephone callsfrom your company will be recorded. I look forward to your reply. Yours faithfully do you think some thing like this would be ok
  21. hi was going to try and get them to state that it was 1990 again just to have it reforced (let them dig a big hole and sit back and whatch them get out of it) just need to know what to send back to them
  22. ok thanks for all your help but what should i send to them? this was taken out in about 1995 not to sure don't show on my credit files any more
  23. hi attached is a pdf copy of the letter I recived from debt managers in response to my account is in dispute letter sent to them with a letter informing them that their client had fail to reply to my legal request for a true copy of my signed agreement the date they give for the loan account start dated i was only 15 could someone please help me don't know what to write back to them this is the third dca that llodys have used since i section 78/79 them back in feb 2009 debtmanagers18mar10.pdf
×
×
  • Create New...