MrFury Vs MBNA

[the_shadow]

MrFury - you need to edit name and address details from the document posted above.

 

Thanks Chipmeister...

 

MrFury, I've unapproved the post, suggest you edit out name and address (middle left column) and re-post. IMO this is the agreement that they will claim meets Carey vs HSBC as it has your name and address on it (from when card taken out?)

 

S.

[MrFury]

thanks missed that, here it is again

 

[zeeshop]

Hi,

I am reading your case with interest.

I recently received claim from court on behalf of solicitor for lloyds tsb.

My loan was for £4000.00 taken in 2003 (lloyds TSB personnel loan). I made continuous payments for years then from last few years i went in arrears.

 

Now as I received court claim form and i need to complete this within 14 days.

Please advise which is best solicitor (no win no fees)based in Manchester.

Also as advertising in tv unenforceable loan, is my loan in this category.

 

I would be very grateful for any valuable advise.

 

Regards

zee

[slick132]

Hi Zeeshop,

 

I've answered your query on your thread, which is now in the Legal Issues forum.

 

8-)

[MrFury]

Hi shadow,

I understand about them sending info on the s78 request but can you explain any more about the s68?

Do you know if these docs above complies or is this still improperly executed and non enforceable.

 

I am interested about the point of all the terms being contained with the document is that still winning any cases.

I have to make a decision if this is still worth pursuing now

 

Regards

 

MrFury

[the_shadow]

err ok, section 68 is cooling off period in CCA1974? Guess thats not what you were referring to?

 

As to are cases being won, tbh I've seen few on here now at present, the opposition are using Carey to suggest reconstructed agreements are suitable for enforcement. If defended well you have a chance but the judges do seem to be siding with the banks/creditors at present whether deliberately or not.

 

The breaches you say your "experts" have noted are highly technical and you should be aware there have recently been test cases for these situations too:-

 

Egg vs Slater

Sternlight and Others vs Various banks

 

spring to mind.

 

 

S.

[MrFury]

Hi slick132, can you explain any more on the entitlement to a full refund of all charges?

Any thing I can use or quote for the reason to demand this.

 

cheers

 

MrFury

[slick132]

Penalty charges on bank loan a/c's or credit card a/c's are not lawful and can be reclaimed in full.

 

If you look in the BC forum, there are many threads running there on this subject. The BC POC's (or those for any other CCard) explain the rationale for reclaiming such charges.

 

8-)

[MrFury]

Hi,

I am looking for info in how I can resolve this now as I am not sure where it’s going from here!

I did have a solicitor how was working on a no win no fee basis, and they have been little help mainly looking for ways to say you cant win that ends our deal.

His final effort was to make an offer on my behalf so I said 20% they rejected it and I want to know what to do now?

How do I find out what they will accept in settlement?

His position is they don’t accept your offer your financial unable. Not true it was just an offer

so what next how do you go about this full n final settlement how do you negotiate the best deal

 

any help greatly appreciated

 

MrFury

[Docman]

MrF

Restons are trying it on with a 'reconstructed' agreement. As Judge Waksman said at the start of his judgment in the Carey v HSBC case, the issue was about the documents supplied when a cardholder makes a request under S78, which is the section of the Act that deals with the provision of information. It was not about the enforceability of a claim for which S61, 65 and 127(3) - where it applies - make it quite clear (as does the case law) that an agreement signed by both parties and containing the 'prescribed terms' is required before the court can (or may) issue a CCJ.

Unfortunately, some judges in county courts are swallowing the rubbish from creditors solicitors like Restons. The reasons are varied IMO. Some DJs simply don't know the law. Others just want to reduce their case load, so any excuse to get rid is acceptable. And of course some DJ don't like LiPs full stop.

If Restons write again, I would respond by asking when the S78 request was made (you have to make written request of your creditor AND pay the statutory fee of £1) without which their comments about S78 are not relevant to your case. Should they start the legal proceedings again, then you need to instruct your own barrister, i.e. acting as your own solicitor with guidance from the forum in order to obtain legal advice from a qualified professional. Snag with instructing your own barrister is that you have to pay their fees up front. You can recover the fees when you win but they can be £200 – £250 per hour. IMO ‘No win, No fee’ should read ‘No win, no fee but only if no cost to the solicitor’!

[MrFury]

Hi doc man, thanks for your post, going to read up on all this again

 

Thanks

 

MrFury

[MrFury]

I have looked at the item 152, terms and conditions, and I wanted to know peoples opinion.

The case BANK OF SCOTLAND -v- ROBERT MITCHELL seems to have been won by them not providing the term and conditions at the time of signing!

 

Clearly as this agreement was signed in a service station and was from a rep with a clipboard, how can they be the correct terms and conditions supplied at time of signing, as then its impossible to have my name and address printed on them?

 

That’s what they have supplied above. As being the original ‘terms and conditions’ that have to be supplied at time of signing agreement, the original will not have my personal details printed on them?

 

MrFury

 

 

MrFury

[MrFury]

Hi All,

Need some urgent advice; I have just received a cost schedule for a case in a couple days.

The court has not informed me of this case, there is no way I can attend at such short notice.

 

How can I get this adjourned?

 

MrFury

[MARTIN3030]

Can you be more specific-what is the order on the form ?

Whats happened since November ?

[MrFury]

I had a solicitor, they pulled out, and I sent forms to agree that they would no longer act for me. Also sent copy to claimant and to court that I would represent myself. Forms sent dec/january.

Now the claimant has sent me a copy of their cost, which I received today, for a case in a few days time that I know nothing about.

But I haven’t heard form court or claimant in over a year, and the solicitor I had used hasn’t forwarded any paperwork, and I did request they send me copies of anything, so I have no idea what is going on?

 

There is no order just a copy of cost from claimant for a case which is in a few days.

 

MrFury

Edited March 26, 2011 by MrFury

[car2403]

You'd best contact the court to see what the score is. It sounds like you'll need an N244 asking for adjournment, but you'd best try to turn up to the Court in person to actually get it and establish what is happening.

[MrFury]

Ok, I will call them on Monday and see what I can do; I don’t think I can appear its too short notice.

 

MrFury

[MrFury]

MrFury meets another Reston’s barrister in court, and had there second attempt at a summary judgement squashed the court has adjourned till Sep now...

As I did not receive the order and was not notified of the hearing, so it was agreed it can’t be fair hearing

I have 4 weeks to submit new evidence and I am going to speak to a barrister this week

 

MrFury