jackreacher
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Without proof of how and when it was paid, Statute barred . You could put them to strict proof in your WS. Deny Deny.. Read up on statute barred ask on here to double check your research. There are plenty of success stories. Above all keep it simple sometimes you can read to much and then keep reading getting nowhere fast. Its the strongest and easiest defence. Shamrocker and Ford are there for you .. oh and right about the agreement totally invalid. Shows they are grasping at straws.
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Well you have not paid so that is that. if they provide a payment slip demand to know HOW and Where it was paid by what method etc.Check with your own bank statements if you havent paid bring your own bank statements. . It is not unknown for a DCA to produce payment slips!
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A stubborn, generous and kind one... great to see humanity exists in difficult as well as easy situations. Respect to you, Jack
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Link/IDR Claimform - old Barclaycard 'debt'
jackreacher replied to Duo's topic in Financial Legal Issues
The illegible ones provided are the originals. You could.. thank them for providing them, say you remember them being illegible at the time of signing and put them to strict proof to prove otherwise . I had a case where the judge said the CCA was legible, so I cheekily asked him to read it, he read a few big title words but then before it got embarrassing conceded they were illegible. ordered the claimant to provide the originals, they couldn't case folded. Have a search its easy to find and understand. -
i am so happy for you.. I have been following but did not want to get involved unless needed. Those terms and conditions were not the real ones you were Correct. i hope your abuse case goes well and it gives hope to others who do not feel as strong as some. Good luck with your future and a special big X to dx ...Incredible work DX!!
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I may have missed something in the quick reading of this thread. Did Abbey send you out an already signed application Form? the reason I ask is...there is a signature remaining dated the 18/01/2008 and an erased signature for the 21/01/2008 I am unsure in a 2008 agreement if this means anything, but they have not included a statutory cancellation notice anywhere that I have seen. As well as no prescribed or full terms and conditions. In an earlier agreement this would be fatal to their claim as the application form would become binding upon your signature as it wouldn't have to be sent back. Round about Para 22 in HSBC vs Carey Further this is definitely an Abbey agreement but Shamrockers investigation states the name switch was 2005 ish. ..pre 2007? just saving this info here in case you need it. I am sure "the old rouge" or someone more experienced will know the answer to this!!
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some good advice being offered.. play the waiting game it may well force their hand to a lower offer. if you say anything as DX has pointed out it may reset the sbrred clock so be careful.
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Sorry posted on wrong thread my apologies jr
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now read the whole thread.. SB !!! NICE:lol::lol:
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how can a form from a magazine have all the terms and conditions. There is a case similar to this that was won.
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I havent read the whole thread yet but. This may well fail on s64 the correct cancellation notice is not included and you spoke with a MBNA representative. Anticedent negotiations..I am sure Andy can help here. I had one of mine stopped early on because, I had gone into a bank and spoken with a representative who helped fill in the form..I took it home for perusal and my better halfs consent and then mailed it in. Three was no correct cancellation notice included. I agreed with the DCA this was what I had originally signed.. The claim Discontinued before it got off the ground. Also check the Application form and the terms and conditions have the same lender name.. Mbna..Mbna Europe etc. If I had a clear copy very happy to spend an hour on these for mistakes. They look very iffy... That said spend an hour now and again on them yourself. ,
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where is a copy of the default notice? can you post one up! oh and anything that was supplied with the dN there should be a OFT help sheet!
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I hope you member it because I may need YOUR help soon. In the meantime I am going to help out a little more where I can.
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PRA Judge & Priestley Claim Form MBNA
jackreacher replied to mahul04's topic in Financial Legal Issues
this is winnable IMO.. as above they have not complied in the first instance with s78 .. Please read and understand s78 it is very easy spend a few days arguing it and explaining it to a friend partner etc. This will clear it up in your own mind and prepare you to argue legally. At the beginning of Carey it explains what must be provided in order for the agreement to be a legally binding. Its only a few paragraphs about 2 pages.. read and speak out loud again to someone to gain confidence. Clearly what they have supplied as your agreement is not complkiant. Importantly; the agreemment you signed if you did? where and how did you sign it!! If you went into the bank talked to them and took the form home filled it in and sent it back it fails unders 64 no cancellation notice which it should have anyway. If It fails to have the full copy of all the terms and conditions on the application form when you sign it then it fails.. The Claimant has provided irrefutable proof that it does not contain the full terms and conditions. You should thank them. The prescribed terms provided (FRC) do not belong to the 10 minute agreement provided as they refer to points that are not available to you. Everyone is willing to help but you have to read and work and understand what you are talking about. You must start now! In your witness statement you must say either this is not te document you signed or/ and this document does not comply with statute law. Search " positive assertion" . Get this in but you dont have to go into to much detail post up your witness statement so we can help. regards Jack -
Actually you embarrassed me into it..I saw all the hard work you are doing. Massive congrats to you! Been caught up in some other work related plan I have been putting together and can not multi task in the slightest.
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Dont give in on this one.. they seem to have nothing of any importance at best, for my twopenneth fight it. how can you mediate before they have disclosed?? Post anything they send you so the CAG geniuses can help ( I am not one)
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For starters you need to ask for a legible copy of your agreement the one provided is laughable. However it si difficult to defend a 2008 agreement. Are you sure this agreement started in 2008? it may be a change in name etc.. Find your earliest statements or check the sar pack for clues.
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Go for statute barred , tell them nothing of what you have seen in the sar pack but provide the page which you say proves your last payment., chances are their representative wont have a clue. If that is a no go you may well have to ask for an adjournment. Explain you have received no paperwork and have not been able to properly form a full defence. if you don't get an adjournment and the SB fails argue the Application form is not the agreement. If the Application Form does not contain the prescribed terms it fails s78 read up on here why. it further fails under s61.. s127(3) applies. get reading take notes. You only have the time for a basic understanding but that may be enough for the judge to adjourn or you to win. Can you post up the application form?
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PRA Judge & Priestley Claim Form MBNA
jackreacher replied to mahul04's topic in Financial Legal Issues
In my opinion it does not comply as there is not a full set of the terms and conditions. Therefore you could argue you did not sign up to any default fees etc. You only signed for what is shown in points 1 & 2 of the FRC T&C's provided . The FRC makes it clear near the beginning that there are other terms and conditions enclosed but how could there be as this was just a fold over and send back. It also refers in point 1.4(b) to conditions 3.5 and 3.6 but they are not present. That may be proof of many things but is definite proof they have not complied with your CCa request. Further a copy of all the prescribed terms and conditions were not left with you when you signed that agreement and sent it back.. S62 of the CCa has not been complied with. You also need to check the interest rate against your statements in 2002 to see if they match as they are only allowed a small tolerance of difference. My own opinion is that the conditions provided are not what were really on the back. Would they really refer to something that was not in that leaflet? Do try and check everything!! see what others say -
surely you can check your daughters bank records to see if she paid the amount provided. Further, get the DCA to show what account these amounts were paid from. it really is important for you to do some digging and find answers. It has been known for these amounts to have been forged by the DCA etc. They are still in breach of CCA but this can easily be rectified but at the moment they are in breach.
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in the s78 reply they do not say it is reconstituted document. Given that it has some penned office markings and the odd comment I believe it must be the original document..But your sister has not signed it, making the application/ agreement irredeemably unenforceable! It would be extremely helpful if your sister remembers the agreement and not signing the agreement and was very surprised when a credit card came through the door. I am unsure if a virgin credit card would have Virgin on the T&c's but someone will be along soon with a more deatileed explanation of what has occurred here. This is just my opinion. Regards Jack
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I have pM'd you. No legal threat as yet. I did get costs letter and cheque as proof. They discontinued on the 8th Jly sent a tomlin on the 14th court on the 16th. I was not happy with the tomlin and phoned them ! they agreed to remove the costs bit and confirm no further action. Fortunately I have a letter jly 14th confirming the phone call took place and they further confirm they would be paying my costs. plus it states; it contains attached a consent order containing the terms agreed over the phone regarding the withdrawal of my counterclaim. The consent order was not attached just the tomlin order.
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THanks DB...2. Refer them to two significant judgments that would make them look foolish in court. They’re not binding as they’re from the lower courts, but they would look like idiots if they ever threaten any further legal action (has a threat of legal action been made by the DCA?). NO . Things would have been a lot simpler if you’d come back to us for advice on the Tomlin order. They have well and truly fooled you, avoided paying costs, and potentially left the door open for further litigation unless you close them down sharpish. It seems that way... however I did get costs! and they agreed it was the end of the matter full stop. pm'd you
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hello DB..hope you are Different DCA. pm'd you
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Had to sign a confidentiality clause. they sent a Notice of discontinuance to me and filed one with the court. they further sent me a tomlin order stating they had discontinued
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