Showing results for tags 'prescribed term'.
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Hi, My 1st post to this site, feel encouraged that I have found the right medium after reading of the similar situation of other subscribers & the assistance that other members are prepared to offer, truly humbling... I have a had CC judgement against me. This was via a District Judge at an application hearing & the judge gave a summary judgement. I had originally gone to court as, after a protracted SAR request for a credit card taken out in 2005), I rec'd an application form (signed by me) but with an incorrect address (the address used was my parent's address that I had not lived at for approx.15 yrs. MBNA argued that the address was not a prescribed term (schedule 6) under the credit consumer regs 1983 & that the application form when signed by an authorised officer of the company at the time became the executed agreement, although they did not send me a copy within the 7 days required as the original address was wrong. The judge agreed. I was unable to present any evidence of the credit file that was rec'd 30 days after the original hearing date, as MBNA's barrister had arrived late for the hearing. I had argued that the file was incomplete, offered 3 other trial judge's summaries as to why the "agreement" was invalid & that it was not an agreement but was an application form. I have to this date rec'd an incomplete credit file but I can prove from it that I had had a previous credit agreement from MBNA & that they had written to me at my correct address approx. 12 mths before the application form that was signed in 2005. The credit file sent through to me contradicts what was in the sworn testimony of one of MBNA's claim managers. To cap it off, I have today found my copy of the original agreement with what would have been the correct address (& which is different to the copy supplied to the court). MBNA have stated under sworn oath that the what they presented was the original(not reconstituted) copy of the agreement that they had in the files. I am deeply worried as the judgment is for approx. £16,100 & I do not have those kind funds available. MBNA have made it clear that they will go for a charging order etc. I got a young family & I am worried that we will be made homeless.
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