Link Claimform - MBNA card 'debt' **WON**

[Monty2007]

I have read almost every thread on this site, thank you.

[stebiz]

thanks, I am just trying to ensure I have read all the correct threads and cases. There is so much conjecture on many threads and some very wooly and untested theories of what a court may or may not do.

 

I called TS today and their position was that you have agreed to their T&C's by using the card, they said this would be viewed by a judge. So I am concerned that since their T&C's contain interest rates (as do the statements they send) then you will always be liable for both the capital spend and interest (not the illegal charges)?

 

Monty. As mentioned above. If they cannot provide an original signed agreement for the alleged debt, then it cannot be enforced by the court. They may as well stay on the bus. End of.

 

Stebiz

[noomill060]

"If by the time it goes to court they can't provide it I guess I'd be in the same position as if I'd sent the £1 in the first place."

 

So do it. ASAP.

 

You have nothing to lose and everything to gain.

 

 

Why are you reading this and not doing your template?

 

Do it- Do it now and post it by Special Delivery in the morning,(keep the reciept and the SD slip)

 

 

You still here?

 

 

Once they get it, the whole thing STOPS, Dead in the water until they comply.

 

Letting it drifting on, vaguley hoping the judge will be on your side will just get you a CCJ and a lorry load more crap.

[noomill060]

TS appear to act as agents of creditors. Take anything they say with a lorry load of salt.

 

The Act is the Law.

[Monty2007]

I agree, I get a different story each time I call them.

[stebiz]

"If by the time it goes to court they can't provide it I guess I'd be in the same position as if I'd sent the £1 in the first place."

 

So do it. ASAP.

 

You have nothing to lose and everything to gain.

 

 

Why are you reading this and not doing your template?

 

Do it- Do it now and post it by Special Delivery in the morning,(keep the reciept and the SD slip)

 

 

You still here?

 

 

Once they get it, the whole thing STOPS, Dead in the water until they comply.

 

Letting it drifting on, vaguley hoping the judge will be on your side will just get you a CCJ and a lorry load more crap.

 

I'm listening. If I send a £1 and request a copy of the CCA are you saying that they must withdraw from the court case??

 

Stebiz

[noomill060]

The T&Cs can say whatever they want, but if they are unlawful they are void.

 

"I called TS today and their position was that you have agreed to their T&C's by using the card, they said this would be viewed by a judge."

 

Call them tomorrow and ask them to quote the section of the CCA on which they base their statement.

 

You agree to the T&Cs by signing a properly formated agreement complying in all ways to the CCA 1974.

[noomill060]

No, Im saying if they dont comply you can tell the judge you believe the case must be dismissed because they havent complied with your s.78 request and the agreement is unenforceable until they do, and that the court, under s.127 (3) has no option but to dismiss the claim)

[stebiz]

The T&Cs can say whatever they want, but if they are unlawful they are void.

 

"I called TS today and their position was that you have agreed to their T&C's by using the card, they said this would be viewed by a judge."

 

Call them tomorrow and ask them to quote the section of the CCA on which they base their statement.

 

You agree to the T&Cs by signing a properly formated agreement complying in all ways to the CCA 1974.

 

And ask to speak to somebody who knows something about Consumer Credit Law.

 

Stebiz

[noomill060]

It should buy you enough time to get your statements, start a claim for return of any unlawful charges and put a defence together for any outstanding debt which may remain.

[stebiz]

No, Im saying if they dont comply you can tell the judge you believe the case must be dismissed because they havent complied with your s.78 request and the agreement is unenforceable until they do, and that the court, under s.127 (3) has no option but to dismiss the claim)

 

Okay I'll do this for the sake of £1.

 

Another visit to the PO tomorrow along with another few Special Deliveries.

 

Stebiz

[noomill060]

Send a £1 POSTAL ORDER and keep the reciept SAFE. And get at least 5 photo copies of it.

 

Send it Special Delivery KEEP THE RECIEPT SAFE and have at least five copies of it made.

[noomill060]

Good lad, you know it makes sense.

[stebiz]

It should buy you enough time to get your statements, start a claim for return of any unlawful charges and put a defence together for any outstanding debt which may remain.

 

I have already requested an SAR and sent the required £10. This was 10 days ago today. So they have another 30 days to get me that information. It is quite difficult trying to keep on top of all these claims. I wanted to tick one off one by one, but I've had 3 hit the courts all at the same time.

 

Stebiz

[noomill060]

Tell me about it, but its all good clean fun!

 

[noomill060]

Gotta go, but I'll look in tomorrow. Good luck.

[noomill060]

Just a thought, have a read of the Credit Agreement links I put in my earlier posts. I can recommend the advice of peterbard, zubo and jonchris in those threads.

[stebiz]

Just a thought, have a read of the Credit Agreement links I put in my earlier posts. I can recommend the advice of peterbard, zubo and jonchris in those threads.

 

Cheers. I've been up until 2.30am these last 3 nights trying to get different bits of info together See you around.

 

Stebiz

[stebiz]

Sent my £1 by Special Delivery today so the clock is now ticking.

 

Stebiz

[noomill060]

Dont forget- its 12 working days. This runs out on the 30th if they get it tomorrow. check the track and trace at www.royalmail.com

[noomill060]

I pressume you also sent a suitable worded letter along with your £1?

[tomterm8]

And... don't sign the letter, just type your name.

[stebiz]

I pressume you also sent a suitable worded letter along with your £1?

 

Yes

[stebiz]

And... don't sign the letter, just type your name.

 

Tom it was signed. Why do you say not to sign letters??

 

Cheers

Stebiz

[tomterm8]

D'oh! Some DCA's get happy with photoshop, and sign-their-own application form.

 

NEVER sign a letter to a DCA.