Scrapper vs MBNA Potential Commencement of legal proceedings***WON***

[Scrapper]

This case has been affirmed in the recent Manchester Cases. However, could you tell me what info they supplied in your request? Additionally, MCGuffick is not as far as I'm aware under appeal and would be far from appealing to appeal (sorry) due to the Manchester decisions.

 

Message me for further info

 

 

Look at post #47

 

They supplied a copy of his CCA, but according to his solicitor it's faulty to to the issues listed and to top it off the DN is as duff as they come and once issued they can't back track and change it.

 

Scrapper Coco

[Scrapper]

The above wording that you have put in bold will be refutted straight away by the McGuffick decision as Justice Flaux has specifically stated that even during a period of unenforceability they can do all the things in bold. This is bad advise im afraid. You are receiving nothing more than a payment holiday with this unenforceability unless you can get a court order stating otherwise. MBNA will (i guarentee) now affirm McGuffick with the Manchester cases, especially as now under s140A the judge has stated that this does not create an unfair relationship.

 

I invite you to write to them otherwise but the High Court decision stands until it has been argued and won otherwise.

 

Sorry, but my account was written off and cleared before the ruling so I'm really no worried.

 

I am doing this for a mate.

 

They have supplied the CCA, but it falls down on all the points mentioned and there is no getting away from that as far his solicitor can see anyway

 

And his DN is a duff as the day is long and correct me if I'm wrong, but there was no ruling on that one.

 

Scrapper Coco

Edited January 9, 2010 by Scrapper

[prophetdealer]

Sorry, but my account was written off and cleared before the ruling so I'm really no worried.

 

I am doing this for a mate.

 

They have supplied the CCA, but it falls down on all the points mentioned and there is no getting away from that as far his solicitor can see anyway

 

Scrapper Coco

 

Just had a look at the images uploaded regarding the T&C.

 

It embodies one document (s61 compliant)

Contains all the Prescribed terms (s61 complaint, does not need to contain a specific credit limit, only that they can vary it)

No signature but thats ok.

And the Application clearly has both the debtor and creditors address on it from time of entering agreement.

 

Update me if you wish though.

[prophetdealer]

Look at post #47

 

They supplied a copy of his CCA, but according to his solicitor it's faulty to to the issues listed and to top it off the DN is as duff as they come and once issued they can't back track and change it.

 

Scrapper Coco

 

If it is a faulty DN (MBNA are usually very good) then during proceedings the Solicitors will get costs as they should not have brought procedings. However this can be easily rectified by producing another one at a later date. But solicitors are all about getting costs remember!! Ppl seem to forget its a business

[vint1954]

If it is a faulty DN (MBNA are usually very good) then during proceedings the Solicitors will get costs as they should not have brought procedings. However this can be easily rectified by producing another one at a later date. But solicitors are all about getting costs remember!! Ppl seem to forget its a business

They cannot produce one at a later date, unless the first one was fulfilled by the debtor. If the account was terminated ( closed) then there is no account to issue a second notice against.

 

Previously, MBNA usually get their DN's wrong.

[prophetdealer]

They cannot produce one at a later date, unless the first one was fulfilled by the debtor. If the account was terminated ( closed) then there is no account to issue a second notice against.

 

Previously, MBNA usually get their DN's wrong.

 

If the account is closed then obviously. I thought you meant o the basis that you were defending on the basis of a faulty DF. Because if so the current proceedings would undoubtably be in favour of the debtor. But if the account is still open then the original DF, which would essentially be set aside, would only lead to a new one being served on the person again under s87. It does not mean (if the account is still open) that the creditor cannot issue another one. Unless during the same proceedings the Court declared the Agreement to be unenforceable.

 

PD

[vint1954]

If the account is closed then obviously. I thought you meant o the basis that you were defending on the basis of a faulty DF. Because if so the current proceedings would undoubtably be in favour of the debtor. But if the account is still open then the original DF, which would essentially be set aside, would only lead to a new one being served on the person again under s87. It does not mean (if the account is still open) that the creditor cannot issue another one. Unless during the same proceedings the Court declared the Agreement to be unenforceable.

 

PD

But by the time you get to court, the agreement is usually at an end.

[prophetdealer]

But by the time you get to court, the agreement is usually at an end.

 

 

If MBNA have served a DN that means payments have been missed which would put back the agreement end date. So by analogy the Agreement is still running. A faulty default notice is not a prescribed breach and WILL not render the agreement unenforceable. It is a good tactic to stop proceedings, have it removed from the credit reference and then paid whats owed. Unless like I said there are other defences pleaded.

[Scrapper]

But by the time you get to court, the agreement is usually at an end.

 

 

Morning Vint

 

My mates account has been charged off and the balance is set to Zero so is that effectively closed? That's what the statement says anyway

 

And as you know the DN is well Duff.

 

Scrapper Coco

[vint1954]

Morning Vint

 

My mates account has been charged off and the balance is set to Zero so is that effectively closed? That's what the statement says anyway

 

And as you know the DN is well Duff.

 

Scrapper Coco

Yes, if it is charged off, the account is closed.

[Scrapper]

Yes, if it is charged off, the account is closed.

 

 

Hi Vint.

 

How's your court proceedings with MBNA going?

 

So effectively they couldn't issue a fresh DN even if they wanted to then?

 

Thanks

 

Scrapper Coco

[jason_mnm]

Can u guys kindly advise on my case, I sent a Subject Acess Request to MBNA but they sent it back saying they need my signature.... please advise what should I do now...

The link http://www.consumeractiongroup.co.uk/forum/mbna/239030-mbna-reston-threating-court.html

[vint1954]

Hi Vint.

 

How's your court proceedings with MBNA going?

 

So effectively they couldn't issue a fresh DN even if they wanted to then?

 

Thanks

 

Scrapper Coco

No they cannot issue a second. They may try though.

 

My position with MBNA is at CPR stage at the moment, in that they have not responded.

[vint1954]

Can u guys kindly advise on my case, I sent a Subject Acess Request to MBNA but they sent it back saying they need my signature.... please advise what should I do now...

The link http://www.consumeractiongroup.co.uk/forum/mbna/239030-mbna-reston-threating-court.html

The ICO possition is clear on this. MBNA are duty bound to make sure that you are the data subject, however if they are sending communications to you at that address, they can be fairly sure that you are who you say you are. Probably stalling for time.

 

Reply stating that you think their request is unreasonable, for the reasons stated above, sign the letter and tell them you have done so but put crosses through your signature. Also remind them that their unreasonable request does not give them more time to respond and that you expect complience within the original time frame.

[Scrapper]

Hi all

 

My mate had an interesting chat with his solicitor today and he seems to think that as there is no APR, Interest for balance transfers stated on the agreement this could also lead to a challenge on the enforceability of the agreement.

 

Any thoughts?

 

Thanks

 

Scrapper Coco

 

On a lighter note, I started my new job on Monday after a year sitting on my rear. I'm knackered I tell you. This communting lark is pants

[jason_mnm]

can u guys look at my ccj claim form POC plz and advice on my questions plz

 

http://www.consumeractiongroup.co.uk/forum/mbna/239030-mbna-reston-threating-court.html

[Scrapper]

Morning All

 

Look at what my mate got in the post yesterday.

 

They are completely ignoring the fact that they have been told to deal with his solicitor directly and are calling and sending letters without regard for the legal position they are in.

 

Illegal default and prescribed terms missing - unenforceable depending on the judge lottery.

 

His soliticor is in the process of another claim regarding the same issues and he's sure MBNA will withdraw any moment.

 

They are naughty though. See if you can spot what they are asking him to do. I thought they weren't allowed to do that???

 

http://i420.photobucket.com/albums/pp284/djackson29/DebtClear1.jpg

 

I think that they are fully aware they haven't got a hope in hell of resolving this in court due to the Prescribed terms being missing and the illegal default the issued. They also charged off the account so they can't reissue the default to correct it.

 

Anyway that being the case his solicitor is in the process of issuing proceedings against MBNA to resolve the matter once and for all.

 

So that's why I'm thinking the above as they wan't to try and at least get some cash out of him before it all goes south for them. Might be wrong though.

 

Any thoughts??

 

Thanks as always

 

Scrapper Coco

Edited January 17, 2010 by Scrapper

[vint1954]

Morning All

 

Look at what my mate got in the post yesterday.

 

They are completely ignoring the fact that they have been told to deal with his solicitor directly and are calling and sending letters without regard for the legal position they are in.

 

Illegal default and prescribed terms missing - unenforceable depending on the judge lottery.

 

His soliticor is in the process of another claim regarding the same issues and he's sure MBNA will withdraw any moment.

 

They are naughty though. See if you can spot what they are asking him to do. I thought they weren't allowed to do that???

 

http://i420.photobucket.com/albums/pp284/djackson29/DebtClear1.jpg

 

I think that they are fully aware they haven't got a hope in hell of resolving this in court due to the Prescribed terms being missing and the illegal default the issued. They also charged off the account so they can't reissue the default to correct it.

 

Anyway that being the case his solicitor is in the process of issuing proceedings against MBNA to resolve the matter once and for all.

 

So that's why I'm thinking the above as they wan't to try and at least get some cash out of him before it all goes south for them. Might be wrong though.

 

Any thoughts??

 

Thanks as always

 

Scrapper Coco

Very naughty of MBNA. His solicitor should respond to that.

 

Debt Clear are part of MBNA.

[latipac girl]

Hi,

 

I have an MBNA card. I got this from an Ideal Home Exhibition. I was asked by someone at a stand to fill in a form to get a card. At the time i thought i did not have a hope in hell of getting one but just wanted the free gift on offer on the day. Surprise i got a card with a £7,000 limit on it. This was about six years ago. I have asked them for a copy of my agreement but all they seem to have sent is the application form i filled in on the day which says at the top Credit Agreement Regulated by the Comsumer Credit Act 1974. Further down it says I understand that this is an application for a credit card.

 

They are now getting heavy and threatening Court action but have in my eyes failed to supply anything.

 

Any advice would be good as some of my other credit card companies have now sold the debt on and it then becomes scary.

 

Regards

 

Laitpac girl

[Scrapper]

Very naughty of MBNA. His solicitor should respond to that.

 

Debt Clear are part of MBNA.

 

Morning All

 

I'm back after a small break and VINT I need some advice urgently.

 

That mob Debt Clear have called my mate after nearly 9 months of silence.

 

He put the phone down and refused to discuss the matter.

 

There's the small matter of the arrangement he made with them to pay a short settlement which he has in writing and the fact they advised him it would show as a partial settlement on his credit file and account closed.

 

Then there is clear evidence they defaulted his account 1 month before the final payment was due. Screen print taken from all credit reference agencies. And his staement clearly show the account was charged of and closed down 1 month prior to his arranged payment date.

 

The DN sent in the post was also invalid as it came up short on the days but the settlement date was 1 month after they had already defaulted his account.

 

Hope this is making some sense.

 

The worry is they have never issued a termination notice letter.

 

He has also since been turned down for a remortgage due to the Default on his credit file.

 

All help, comments welcome

 

Thanks as always

 

Scrapper Coco 8)

[Scrapper]

bump

[vint1954]

Has he been making payments against the short settlement?

[Scrapper]

Has he been making payments against the short settlement?

 

He had been making regular payments up until the agreed settlement date. Then he called to make the settlement to be told he had been defaulted. That's when he requested an SAR on my advice and the statements showed that MBNA had charged off and closed his account 1 month previous to that. He hasn't made one single payment since.

 

Thanks

Scrapper Coco 8-)

[Scrapper]

Bump

 

He received another call from an 0141 number asking him to call Carol and some dodgy refernece number so one can only assume it's MBNA

 

Thanks

 

Scrapper Coco 8-)

[Scrapper]

Bump