mbna loan with ppi **OUT OF COURT SETTLEMENT**

[sharpgun]

hello hello

[sharpgun]

anybody there?

[sharpgun]

i am very dissapointed with this site obviuosly not enough people so i think i will have to pass it on to solicitors

[sharpgun]

my Aq has to be in by monday is any body gonna help me???????????????????????????????????????????????

[sharpgun]

unblievable

[bizzybus1st]

Pity about that sharpgun i was following your case as i am just about to start a claim from mbna and the advice you gave and were recieving was very interesting and relivant to my case. Lets hope that the guys(or gals) are just having a break from advice giving.

[sharpgun]

Hi bizzy,

sorry about that but I was let down last time i went to court too, unfortunatly people appear when they feellike it, I suppose if it is voluntary so they can do as they please. The advantage of going to one of these companies is that they have an interest in you winning. I will probably go down that route now because i am not legally trained in any way and am to busy with work to study that hard.

[banker_rhymes_with]

Hello Sharpgun!

 

I am sorry you feel let down, but I think you are looking at this from the wrong perspective.

 

CAG is a self-help Forum. Nobody is paid to help on here, it is all 100% voluntary. The Site Team are just other people like yourself who have their own battles to fight, and who offer their time to help keep CAG running.

 

People who help generally, are likewise just other people, exactly like yourself. They all have at least as difficult issues to handle as yourself, and yet they take time out to help others.

 

With the greatest respect, you have not done that but, more significantly, you have not even tried to help yourself to any great extent, with the sole exception of moaning and blaming others for not doing your own work for you.

 

I went off the boil because I spent time pointing you at things, and then you did not seem to take the guidance to look the issues up.

 

Most of the answers you need are on CAG, but you do need to read and read, and find the answers.

 

Clearly, if you were paying for this, then you would have every right to expect dedicated help. But it is free. The help you can get on CAG is a two-way flow, you get help, but you need to try and offer help as well, because by doing that, you do ultimately end up helping yourself via the acquisition of additional knowledge and experience.

 

It sounds like you may be better off seeking professional help, because your work load may be such that you cannot afford the time needed on CAG, and can afford to pay for professional help.

 

Help on CAG is always there, provide you appreciate how it works, and what is needed from your side to get the most out of it.

 

I do wish you luck, and will help if you still need it, on the condition that I am not doing all the spade work for you.

 

Cheers,

BRW

[sharpgun]

can i just say my point is that the people on here do a fine job but what is wrong is when certain people on this site encourage you to take on the banks, give you a certain amount of advice, then dissapear. That is not right they are better off not saying anything

[banker_rhymes_with]

can i just say my point is that the people on here do a fine job but what is wrong is when certain people on this site encourage you to take on the banks, give you a certain amount of advice, then dissapear. That is not right they are better off not saying anything

 

I've just been right back to the start of this Thread, and the above is hardly fair.

 

I can't see that anyone has encouraged you, you've asked some questions, and Steven or I have done our best to answer them.

 

I know Steven has been away on holiday.

 

I did my best to give you some pointers where to look.

 

Unless there's another Thread that I'm missing?

 

I wouldn't get too worried by AQs, missing their Deadline is not going to rat things up. Better to get the AQ stage right than rush to get it in. It's not a stage that will blow the Case for you, so don't get too worried about it.

 

The best you can do is take a break, chill, then come back at this without adding any pressure to either yourself or the people trying to help.

 

Please re-read this Thread, and check out all the tips you have been given, and then it should start to come together.

 

If you still need help, just ask, but you must not expect others to fight your battle for you, as it will be you in Court at some stage, and there will not be anyone from here there to help you. You've got to dig deep and get your head around all of the issues, and know the issues backwards by the time you do get into Court. There are many other CAG Threads that will help, so spend a few days reading, and then come back at the AQs later next week. It won't harm things if you grab some extra time past the AQ Deadline.

 

At worst, the Court will drop you a line to say chop, chop, get the AQs back within the next 2 weeks or else.

 

The banks blow the AQ Deadlines all the time, so it's nothing a Court has not seen many, many times before.

 

Cheers,

BRW

[sharpgun]

ok lets start again, cpr 18 sent on 2nd july recorded, no reply what happens next

[sharpgun]

I've just been right back to the start of this Thread, and the above is hardly fair.

I am not talking about this thread it was another thread where i got to court. went in was eaten up and spat out again because i was totally advised wrong. but that is in the past. I think i have made a cock up because i sent in the aq with just yeses and nos i think I missed something and i still have the question about cpr18 do they have to answer?

[sharpgun]

I take it im being ignored now

[sharpgun]

please read my thread everybody

[sharpgun]

right hello you people who are ignoring me. yeasterday I went to meet a solicitor who looked at my papers. He said everything that I had been advised was good. He then made 2 points.

1/ that the loan agreement was flawed and that there would be a high chance of winning the whole loan amout back if I was to pursue it, but that it would have to go in the fast track system which potentially could be expensive if I was to lose.

The second point he made in response to me sending mbna cpr18 request, the fact they hadnt respoded he advised me to issue a n244 requesting them to respond within 7 days, if they didnt have what i requested they would be up a gum tree. I am posting this on here so people can see the pitfalls of going it alone or going to a solicitor, I hope that posting what I am doing will help other people to beat these thieves, no doubt nobody wil reply.

[steven4064]

A CPR request only has any 'teeth' if it is ordered by a court. Sometimes a bank will reply because they would rather not have the court order telling them to (usually because they only want to partly comply and they hope you will go away).

 

The solicitor is corrrect - to make them comply, you have to apply for a court order using a N244.

 

As to the agreement - is it posted on the thread so we can take a look (or another look if I have looked before - I find it hard to remember as I am subscribed to over 3700 threads )

[sharpgun]

i have the image of the t&c on my computor but cant seem to cut and paste it anybody any ideas?

 

I've added it as an attachment for you (Steven)

t&c mbna.pdf

Edited August 18, 2009 by steven4064

[steven4064]

What date is it?

 

The figures fro TCC is (slightly) incorrect - shold be £4627.43

 

Also, IMHO, should be multiple agreement under s18 CCA 1974

[sharpgun]

ok answer to first question the loan agreement is not dated at all. What does that mean?

what does it mean if it should be a multiple agreement, where do I stand?

[steven4064]

OK, so when did you take out the loan?

 

I think the fact that it is a muliple agreement potentially makes it unenforceable - although we would probably have to convince a court of that.

[sharpgun]

2001 in march.

Going back to my conversation with the solicitor the other day he said if went to court to pursue all the loan I would be liable fo costs should I not win, any other way round this?

[steven4064]

In principle, he is right. So what are you trying to achieve wit all of this?

[sharpgun]

is the loan in its entirety worth pursueing or should I just carry on pursueing the ppi? Or use 1 of these companies who will take 25% of anything they win?

[steven4064]

You don't need to pay anyone - if they can do it, so can you (with a little help from your friends )

 

As I said, I am not sure what you are trying to do wit this

[sharpgun]

im sorry i dont totally understand, surely if the company are prepared to take a risk which I cannot afford to do, something is better than nothing.As far as the ppi is concerned im to far down the road now to stop, I will carry on with that. The six million dollar question is wether to try and cliam back all the loan(if possible.) I hope that is clearer