BW Legal/Lowell Group Statutory demand for MBNA credit card

[citizenB]

Was this an internet application ?

[positivetilltheend]

Yes it was an internet application

[positivetilltheend]

I have now been to court for my second hearing.

 

It was a different judge this time and guess what? The Judge adjourned it again! I have now got to wait for a third hearing!

 

I have lost all faith in this system and feel that the Judge was completely biased to the creditor’s solicitor.

 

When I went to the first hearing the creditor had failed to produce the original agreement, Notice of assignment, Default notice and full history of credit card statements.

 

the Judge decided to provide them with 28 days to get the info together.

 

After 30 days the creditors sent a copy of an agreement, some statements with no figures on, they were all just £0, a supposed copy of a Notice of assignment.

 

A further 14 days later (thats 16 days after the 28 day order) they sent some statements with figured on but many were missing, they were sent long after the 28 day order.

 

Now what I fail to understand is why an order made by the judge means nothing.

The creditor has been allowed to take zero notice of the 28 day order and they have continued to send further bits of info way after the 28 days.

The second Judge has considered everything that they have sent in after the 28 day order, even if it was sent weeks after the 28 days!

 

at the second hearing and the Judge says that they have still not provided a Default Notice and many of the statements are missing.

 

this new Judge decides to say that she is going to adjourned it yet again and give them even more time to get the info together (why not just give them 12 months to get it ready!).

 

This has now been going on since February 2013!

 

what was the point of the first order made?

 

Nothing, an order by the Judge means nothing, what was the point of the first order?

 

Also if you look at the entire credit agreement I uploaded recently

you will see how the interest rate displayed on the online application is a lot lower than the one displayed in the credit agreement.

The amount they are claiming is also made up of a few thousand pounds worth of interest, this does not seem to have been mentioned on here by anyone yet.

 

Can anyone suggest what I do now? I’m at my wits end now with all of this.

 

Many thanks

[marshy1977]

This case was put on one of the threads by 42man might be useful on the issue of interest rate.

 

 

PHOENIX RECOVERIES (UK) LTD SARL v DEVENDRA KOTECHA (2011)

 

CA (Civ Div) (Thorpe LJ, Lloyd LJ, Patten LJ) 26/1/2011

 

A creditor had failed to satisfy a debtor's request under the Consumer Credit Act 1974 s.78(1) for a copy of a credit card agreement as it had not, on the evidence, included the original, actual terms and conditions in respect of interest rates then in force. The creditor was, accordingly, not entitled to proceed to enforce the debt under s.78(6).

 

"Interest rates were a term of central importance in credit card agreements. There was a strong case that the interest charges which would have been specified in the terms and conditions when B and K made the agreement in 1998 were those in the leaflet and not those which appeared in P's evidence. Under s.78(1), a creditor was required to set out the actual, original terms and conditions of the agreement at the time it was made. In those circumstances, P had not proved that that obligation was satisfied, and it was therefore not entitled to progress to enforce the debt against K under s.78(6)."

[positivetilltheend]

Any thoughts guys on my post at 31st May 2013 06:55.

 

Could really do with some help on this please.

 

Thanks

[citizenB]

Marshy, what else did the Judge order when the last hearing was adjourned.

 

Lowells have been given 28 days to provide information.. then what - are they to provide this information to both you and the court or just you. Do you then get the opportunity to review and submit further rebuttal statements ?

 

Have you been given a date by which this information is to be provided by them.