Is your signature anywhere on this?

Thanks Martin. Just bumping this thread up to see if anyone on the business forums can help needabreak - as he/she clearly needs a break;)

Priceless Fuzzy. So when did Madonna pop to S-O-T for a fuzzybobbling?

Well grease and grime - banks/dishes - no difference really;)

Excelent news Womble. Glad to have been of some help, if only a bit:D Now you can get on with the next challenge life throws at you......

Not a problem. I have done it a few times now for various people on here, as well as friends, and it is all valuable experience for me as well. Even got the train to Barnsley a few weeks ago - somewhere I had never been! I have asked for some help about what you should do next.

Well if you need a court buddy should it ever get that far I will be happy to help.

Are you somewhere near me? I only ask as you spoke about your 'Mam' earlier:)

I am not 100% on court procedure but wonder if you should point this out to the court. I suspect that the judge knows that they haven't complied and that is why he is asking for them to pay further fees etc. I will try and get someone to help you here.

Well as far as I understand it, disclosure is giving a list of the documents you intend to rely on in the forthcoming hearing. Which then means that neither party can pull something out of the hat at the last minute. As you are still waiting for them to come up with documents that you need to rely on I am not sure what you actually have, but if you include everything that you do have in a list - post it on here - I really don't see what else you can do. Apart from making it abundantly clear that you are still waiting for the information you asked them for.

Pardon me if I am being thick, but surely if you have fully comp insurance you should not be personally liable for alleged injuries to people who have gone to one of the ambulance chaser solicitors to get a few quid? And how has the taxi driver lost £9K? Unbelievable that this can be allowed to happen.

Hi Prudence, not sure where the guys have gone. It all sounds very scary but I think the judge's intention is to scare them. They have to prepare a bundle for court, pay yet another fee for the hearing to go ahead etc etc. And as it is Fast Track not small claims then costs become an issue too. From my understanding of it you don't have to do anything until the end of March, apart from stating when you are available. I presume you are still waiting for the further information you asked them for. If by 25th March you have still not had a reply I would notify the court of this. My opinion, hopefully one of the others will agree, or tell me I am wrong. I do think you have them on the run.

Hi, my first opinion was 'enforceable'. Then I read your notes and I agree there is something not quite right about it. Have they learned to use photoshop? And you are quite right, there is no section 4. What we need is a library of MBNA agreements, or actually application forms, so you can compare others. Have a look around the threads and see if anyone else has the second two columns that match yours but not the first....... Curiously it is the first column that contains the prescribed terms:eek: This is one of those occasions where having the original would be most useful.

I don't know Taiko. Will log off and see if I can access it:D

What puzzles me in all of this is that the Government now own quite a bit of the banks. They are ploughing millions into them to try and reboot the economy. So if everyone got their charges back, and mis-sold PPI and all the rest of the carp we have been hit with in their greedy rise to collapse then we might start spending again:rolleyes:

Which will hopefully be nothing at all:D

An act of desperation I think. They do use the word 'call' to mean telephone, but to be safe I would send them the following, adapted to suit. Further to your telephone calls, letter addressed to the occupier alleging a parcel requires collection and your letter dated xx, I would point out that xx were asked to provide an original copy of my Consumer Credit Agreement in relation to the alleged debt on xx 2007. To date they have failed to comply with my statutory request for a true, signed copy of a regulated credit agreement and have therefore defaulted in respect of the above account. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act, 1974 and is a complete defence in any court claim that is issued. It also remains unenforceable until such time as a default is either removed or enforced by a court of law. This means that any attempt by your company to enforce this alleged agreement will represent a further offence until such time as it can be produced in court. As xx have been unable to provide me with the requested information within the legal timeframe, it is my belief that they were never in possession of a true copy of the alleged agreement, or of a signed, true copy of a Deed of Assignment. In light of this, I find it astonishing that you have had the audacity to claim for an alleged debt, without being able to provide any legal evidence that the debt exists, within the time frame allowed by law. The law set in the Consumer Credit Act, 1974 must be abided by everyone; people and companies alike and taking the above into consideration, no court would look favourably upon your failure to provide true, accurate information which I assumed that you already had in your possession, prior to issuing letters demanding payment, these letters must cease whilst in dispute, otherwise these can and will be deemed harassment by letter, which again is against the law. Furthermore, at no time did I consent to the processing by you of my data in any manner which would be unfair or inaccurate, or which in any way would breach The Data Protection Act, 1998. If this alleged debt had been legally assigned to you, then any personal data relevant to the credit agreement allegedly entered into may only have been passed to you provided that my (the borrower's) authority was obtained in the original agreement. However, you have certainly not requested and I have not given any permission for my personal data to be passed/shared/received by you. Please note that I am only prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Ironically, your failures prompt me to again focus your attention on the content of both the Consumer Credit Act 1974 and the Data Protection Act 1998, the substance of which should clarify your current position, future conduct and direction regarding both my personal data and unenforceable debts. With regard to my personal data and your failure to produce the aforementioned documents, I also require that you remove any reference to this alleged debt from my credit file and request an immediate cessation of any processing of unsubstantiated data to third parties under provision of The Data Protection Act, 1998 & The Consumer Credit Act, 1974. I shall also complain to the Trading Standards also the Office Of Fair Trading, and my Member of Parliament about your conduct in this matter and your liability for holding a Credit Trading Licence. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. In the meantime please be aware that I consider this matter to be “in dispute”.

Without looking at it again, I presume you mean there is no date next to your signature. I don't think that is going to help, but may be wrong. What about unlawful charges?

With our three we just let it drift. One was passed onto another DCA - the delightful Link - and we just said well it failed in court so what are you going to do? I guess it depends how confrontational you feel. I am very much in the 'let sleeping dogs lie' camp personally:D

It looks enforceable to me from a quick glance I am sorry to say. But I could be wrong. When was this agreement taken out?

For some reason the link takes you to the front page of CAG Your thread is here: http://www.consumeractiongroup.co.uk/forum/mbna/185910-mbna-cca-plse-take.html

As far as I understand it they can't add interest or charges while the account is in dispute as they haven't found your CCA. So if they do miraculously find it you should be in exactly the same position as you were - but the more time that passes, the more unlikely it will turn up. Keep filing the letters.

At least he passed away peacefully. My condolences to you and of course to his family. And a thousand curses to MBNA - or twenty thousand if PT gets his way:D

I can sell you JB debt recovery for £1 if you want some hassle. What's good for the goose etc:D

It was the forums - unless you now need to be subscribed which wasn't the case before:eek: