Backdoor Arrow/Drydens 2008 CCJ/CO - MBNA Card - , debt was already SB'd , **WON** set aside - Now being chased 12yrs later.!!

[supasnooper]

I presume you've requested the hearing to be moved to your local court.

 

It won't take long for the local court to get back to you, normally within 7 days.

They'll send you a letter with a date for the hearing.

[supasnooper]

As 42man has stated earlier - All the parts of the hearing will be held together.

 

The 10 + 2 days rule is for your CCA request. When you write to the Solicitors it allows for 2 working days to be delivered to them and then 10 working days for them to reply.

The failure to reply within this timescale doesn't really benefit you with your case as the failure to reply only puts the account into dispute.

 

The timescale for your SAR request is 40 calendar days from the date of the letter. If the request is not fully completed within this timescale then you can go to court to enforce the SAR.

 

I know 5 minutes for the hearing doesn't sound a lot but if MC don't provide the CCA you've requested it might not even take that long !

 

Just try to relax. I know it's difficult when you want things to happen but it rarely does with any legal case.

Solicitors are notorious for their unprincipled time-keeping but that gives you more time for research for your hearing.

 

Hope this helps.

[supasnooper]

Hi there,

 

Mortimer Clark are responsible for providing the CCA and they should know this.Send them a short letter reminding them of their responsibilities.

 

Arrow do have 40 calendar days to comply with your Subject Access Request request. If they don't comply then send them this letter :-

 

Your Address

 

13th December 2008

 

 

Arrow XXX

Their Address

etc

 

 

LETTER BEFORE ACTION

Section 7(1) – Data Protection Act 1998

Account: XXXXXXXXXXXXXX

Dear Sir / Madam,

You have failed to comply with my Data Protection Act Subject Access Request dated xxth XXXXXXX 2008.

 

I will remind you as to what documents I expect.

 

The following is by no means an exhaustive list but in the main this is what I require.

 

sar template

[supasnooper]

I've just re-read the thread - I would concentrate on getting the Subject Access Request information as the debt is statute barred.

 

To get the CCJ set-aside you will need to demonstrate that you have not paid anything against the account and the statements you should receive will hopefully show no payments to the account.

 

You may wish to remind the Solicitors of their duties by sending this :-

 

Your Name

 

xxth December 2008

 

Claim No. XXXXXXXXX

 

Dear Sir Madam,

 

May I remind you of my letter dated xx November 2008 and your responsibilities.

 

I requested a true copy of the Credit Card Agreement pertaining to the above claim and enclosed the required payment.

 

To date, I have yet to receive the document and will report this fact to the court together with a copy of of my original request.

 

Further, failure to provide the requested document may result in reporting you to the Solicitors Regulation Authority for breach of the Solicitors' Code of Conduct 2007 Rule 10.01 (6A).

 

I now expect a true copy of the Credit Card Agreement as requested within 7 days.

 

I looked forward to your due diligence in this matter.

Yours Faithfully

 

xxxxxxxx

 

This is what the Solicitors Code of Conduct 2007, rule 10.01 (6A) says -

 

6.

 

The following are some further examples of how you should act in order to ensure you comply with 10.01 and core duty 1.02 (Integrity):

 

• (a) If a person sends you documents or money subject to an express condition, you should return the documents or money if you are unwilling or unable to comply with the condition.

[supasnooper]

It's not up to you to prove it, it's up to them to prove that you HAVE made a payment for it not to be stat barred....

 

Thanks for the correction 42man

[supasnooper]

Hi there,

 

Sorry not got back to this earlier but needed to attend to something.

 

I can understand your panic, but as 42man has stated earlier it is now up to Mortimer Clark \ Arrow to prove the debt is not Statute Barred.

 

You have delivered your N244 to the court for a CCJ set-aside and got a date for a hearing; so that's sorted.

 

It is up to you what you wish to do about the CCA request and the Subject Access Request.

You could go for Court enforcement on the Subject Access request but this will cost you £40 I think.

Here's the link - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html but you could send them the same Letter Before Action i put up before to try and get them to move on it.

 

 

 

 

[supasnooper]

Happy New Year to you as well.

 

The only thing left for you to do is to take them to court for non-compliance of the Subject Access Request

 

See the link above and these two links if you decide to go for it.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/143154-ashwall-lloyds-tsb.html

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb.html

 

Maybe worth sending a PM to pt2537 or Surfaceagentx20 for their input if no documents are forthcoming.

 

Might also be worth searching for Statute Barred set-asides on the forum......an onerous task I know but you may just find something.

[supasnooper]

IF you wish to take them to court for non-compliance, this will cost £30.00

 

Follow the guide as it is written especially for non-compliance

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

Download the N1 form here.

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

 

Don't worry about the figures for damages, let the court decide that.

[supasnooper]

have a look at this tutorial for photobucket

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html?highlight=photobucket+video

 

or

 

Scan it into your computer and open it in Paint or similar program. Edit out the personal information and save it

 

Open an a/c on Photobucket, (here: Image hosting, free photo sharing & video sharing at Photobucket ),or Tinypic here: (TinyPic - Free Image Hosting, Photo Sharing & Video Hosting ) download the file of your scan from your computer onto Photobucket and then copy and paste the IMG Code link from Photobucket in your thread here.

[supasnooper]

I'd remove the rtf files quick as they may contain your name

[supasnooper]

Having looked at the scans, it would appear that the prescribed terms are visible.

 

However, it would be up to MBNA to prove that the two scans are linked and therefore embody the prescribed terms within the four corners of the document.

 

I would repost the scans (minus personal details) and let others who may well spot something else.

[supasnooper]

Hi MJ,

Have read of this thread were steven4064 explains about Consumer Credit Agreements.

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html

[supasnooper]

Hi MJ,

 

I would advise you go for the statute barred route. It is the safest option as it has case law to back this up, together with the onus being on the claimant to prove it is not statute barred. I trust you've read the links in 42mans earlier post in this thread.

http://www.consumeractiongroup.co.uk/forum/show-post/post-1822847.html

 

 

As I've said earlier, your agreements do meet s78 of the Consumer Credit Act 1974 but would need to be proved by the claimant that the two sides of the Credit Card Agreements you've received are of the one same document to a judge who may like the way a claimant has framed their legalese spiel.

 

If you wish to post a link to YOUR thread on another thread -

 

1/ Make sure you are at the first page of YOUR thread then click into the address bar of your thread( the text should turn blue).

 

2/ Right click on the blue text and select "copy" from the drop down menu.

 

3/ Go to the thread you wish to post YOUR thread in.

 

4/ Write a post and then if you right click within the message box and select "paste" the link will appear.

 

Hope this helps.

[supasnooper]

I would research as much as I could about statute barred cases - have a look through the *won* threads is a good place to start.

 

You'll need to know your case inside out as it will be you who will be at Court with the knowledge to get the result you want, whilst the rest of us can only hope you do well.

 

Also have a look at other Statute Barred threads on the questions and tactics they have used in Court and start to draw together what is applicable to you.

 

Also worth looking at this thread from post #13 for what happens at Court

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

What are your thoughts on pursuing a court order for non-compliance of the Subject Access Request ?

I know this costs money but it will be the only way of getting any further documentation

[supasnooper]

I note from post 86 that you don't seem happy with what you have received.

 

Could you break down the SAR paperwork you have received for example -

 

Credit Card agreement.

Default Notice.

Account statements

Copies of letters sent to you.

etc.

 

Check the paperwork has the correct account number on it.

Check the statements to see if they indicate an account number the alleged credits come from.

Make a list of dates these alleged credits were made.

[supasnooper]

You should write back to MBNA informing them that your Subject Access Request is incomplete.

Request all statements for the account.

Mention that if they have no further documents then they should issue a letter to confirm this.

Also ask that if any documents have been destroyed by them then they should issue you with a Certificate of Destruction for those documents.

 

The only other way to get them to disclose further documents would be to take them to court for non-compliance of the Data Protection Act.

 

You should also lodge a complaint with the Information Commissioners Office but don't expect a quick response but it will cost MBNA £500 if the ICO decide to investigate your complaint.

 

Check the credit file - it should state when they defaulted the account.

[supasnooper]

Answer - Yes, all documents relating to you should be disclosed under the Data Protection Act.

[supasnooper]

What CPR 13 letter did you send ?

 

 

Why do wish to amend your witness statement at the moment ?

 

As docman has suggested earlier, the ideal time would be towards the end of Feb but at least 7 days before your hearing when you should have a response to your CPR 31.14 request.

[supasnooper]

One thing at a time here I think.....let's not get ahead of ourselves.

 

Might just be worth reading and researching the Limitations Act Section 5; and understanding why it is statute barred.

It will be a judge you are explaining this to and he may choose to ask why you think that this is the case.

[supasnooper]

As long as you're confident that you know your case inside out, then hopefully you'll get the result you want.

[supasnooper]

Hi MJ,

 

Congrats and well done.

[supasnooper]

Hi MJ,

 

Let's see if the claimant provides the documents requested in the order by the 22nd May.

 

If they don't, then your submission to the court would be a request to strike out the claim.

[supasnooper]

IIRC.... MJ .....you may be eligible for fee remission.

 

Do a Yahoo search for EX160 form.

[supasnooper]

Have a look through these links- should be something in there -

 

Have a look at the pdf's that Surfaceagentx20 has attached at the bottom of the post on a letter for wasted costs -

 

Surfaceagentx20 wasted costs

also

 

Liabilty for Costs CPR 38.6

Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

 

Welcome/Cohens - case withdrawn ***WOO-HOO ***

 

have a look at this post by IGNM on costs as well -

 

IGNM post on costs

[supasnooper]

I'd just leave reclaiming your charges on the back burner for the moment...