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

[mandyjayne]

7 days is up now for credit card agreement..above letter (post 61) sent on 16th Dec. What do i do from here? any help please. and still no reply to my Subject Access Request

Edited December 26, 2008 by mandyjayne

[debbbbsy]

Hi Mandyjane

 

You do have a strong case to setaside.

Your problem seems to be, that you are relying on documents from them to prove your case. It shouldn't be that way, but your right to be concernced.

From my own experience at my charging order, the Judge was totally ignorant of consumer law & totally refused to accept what I was saying. When I spoke to the courts last week, they told me she had been removed from her position.

 

In our case, the RBS refused to comply with our CCA request, they said that the judgement was now the agreement.

 

There maybe another way to force data from them. And in your case, the documents are vital to support your case. I've been looking at CPR 31.14 for our own case, & I think it will do no harm to use it. I also beleive, that failure to comply with a Court Procedures Rule, will add more weight to your case then non compliance to the SAR & CCA.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

Debs

[mandyjayne]

thanks Debs..i have seen and read the CPR13 before. I will look at it again in more detail. I need anything at this stage to help.

 

What stage are you at in your case..?

[debbbbsy]

Hi Mandyjane,

Ours is a complex case, a huge big puzzle with loads of peices either lost or destroyed by the RBS.

 

But I have learnt so much, & want to pass on what I know, & experienced.

 

Couple stung by £100,000 ‘secret’ loan - Times Online

 

Debs

[mandyjayne]

Debs..that is outragous i cannot believe what i have just read! An end to all this has to be found..these banks/Dcas are out and out criminals..no two ways about it. I cannot praise the people on CAG enough for all the help and support they give us all..if it werent for them these idiots would wipe us out. regards MJ

Edited December 30, 2008 by mandyjayne

[debbbbsy]

Hi MJ,

CAG has been great, unfortunately it wasn't around 10 years ago.

 

Just a thought, we also did a SAR on the banks solicitor. You never know what they might have.

 

Debs

[mandyjayne]

Hi all..

I have just done the second Subject Access Request to Mortimer Clarke Solicitors that supasnooper drafted for me (post 59), its been 43 days since i sent the the first one.. no reply, they now have 7 days to respond.

 

Its now been 14 days and nothing received from the second "reminder" for CCA request..they had 7 days to respond.

 

Where do i go from here??

Question: post 55 letter from Mortimer Clarke..says charging order has been made final..does that mean i cannot get it removed now?

 

regards MJ

 

Help pls

Edited December 30, 2008 by mandyjayne

[debbbbsy]

Hi MJ

Don't worry about the charging order.

Concentrate on getting the CCJ set a side, the charging order will be automatically removed when you are successsful.

They have had there moment of glory, it won't last long.

Debs

[mandyjayne]

Thanks Debs..

 

Bump((()))

[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.

 

 

 

 

[mandyjayne]

Hi Supasnooper..and happy new year to you..!

 

many thanks for your help once again..i have sent this letter already by recorded delivery..see post 72.

 

If i hear nothing from the second set of CCA and SAR that i have sent (doesnt look likely) then what do i do! Just wait until hearing on Feb 26th?

 

thanks MJ

[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.

[mandyjayne]

Thanks again supa..

 

should i try the data protection act non-complice? sounds like i may be getting out of my depth with that one!!!

 

I have PM'd pt2537 just now, so fingers crossed i will get a reply.

 

MJ

 

Hello all,

 

Got a letter this morning from my local county court..it says..

 

The hearing of the defendants application for judgement to be set aside (see copy attached) will take place at 14.00 on the 11th march 09.

(no copy attached by the way)

 

Now i am confused, i have already been sent a "notice of hearing" to say the hearing is 26th Feb 09, although it is just a notice of hearing no mention of set aside. Would there be two?

 

Can anyone comment pls.

 

MJ

[ukaviator]

I would confirm this with the court on Monday morning. It looks like your set aside hearing date has been changed to March. You also need to get hold of the attached paperwork you say is missing.

[mandyjayne]

Hi..

 

All clear now..spoken to court today..Set Aside hearing is March 11th the earlier hearing has been struck out. No paper work attached for me, its for the Claimant!:evil:grrrr

 

Would appreciate some adivce on how to go about taking court action re: non compliance of my cca/Subject Access Request.

 

Cheers MJ:D

 

Anyone advise pls? sorry i know your all really busy

what would i need to send to court for non compliance - and is this what i should do? Still nothing from them. Have read the link Supasnooper sent me but im not sure what i should write:confused:

thanks MJ

[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.

[mandyjayne]

Hi All..

 

Update.. i have a reply to my sar/cca! They have sent me a photo copy of my credit card application??..i will attempt to upload in a bit and maybe someone can comment... also sent me print outs of 2 identical sets of "nothing" from the land registry. Print outs from telephone calls they say they made and what looks like money that has been paid..certainly not by me! back shortly going to try and sort photobucket:confused:

[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.

[mandyjayne]

Hi All

 

Thanks supa..not having luck trying again

 

could you open the ones i posted..? not my computer so wont have my details attached? cant work out photo bucket...i am thick!!!

Edited January 13, 2009 by mandyjayne

[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.

[mandyjayne]

buuuumppppp:D

 

I have attached the documents (hopefully) in the right format! Let me know if this is not right.

Thanks

Mandy.pdf

Mandy 2.pdf

 

bump:D

 

Bump

 

Hi

 

can someone take a look and advise on my CCA scans please..(bit tricky to read)

just to clarify..these were photocopies sent on one sheet of paper, one on front of the sheet and one on the back.

 

thanks MJ

[Von Greenbach]

Hi Mandy

 

Have you tried asking in this thread?

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

[mandyjayne]

Hi Von B... Thanks for that not sure how i post my thread on there..will have a read..have been abandoned!!

[Von Greenbach]

Hi Mandy

 

You don't need to post your thread on there, just post the links to your CCAs someone will confirm if they're enforceable.