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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

davywavy

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  1. davywavy
    Hi UB, just tried that..............no joy!
  2. davywavy
    Thanks silverfox
  3. davywavy
    Hi, I am trying to access the CAG library but am getting a message saying that it's only available to registered users. I am registered and logged in.....can someone please explain?
  4. davywavy
    No copy of default notice, although date of default on credit file is 15/3/10.
  5. davywavy
    Thanks again.......so it seems the 'cause of action date' is a bit of a grey area. One would think it might be the date of the 1st missed payment, in my case mid Dec 10, as the basis of the Claimant's claim is that the minimum payments have not been made? However, as I understand it, the cause of action is the date at which the contract is breached, which, if the contract allows for a missed payment, might be a later date? Does this make any sense?
  6. davywavy
    Thank you andyorch. I wasn't trying to hide anything - I stated that it was an MBNA credit card. This is my 1st post and if I did something wrong then I apologise. Do you think that I have a good case for an SB defence?
  7. davywavy
    What cloak and dagger stuff? I'm simply asking the following: I am considering a statute barred defence. The last payment I made was in November 2009 and I have not acknowledged anything since. I have the credit card statements from November 2009 to March 2010. The outstanding balance on the March 2010 statement is the exact amount being claimed. The only entries between November 2009 and March 2010, apart from my last payment in Nov 2009, are for interest and late payment fees. It would seem from the evidence that I have that a SB defence should hopefully succeed. Could someone please advise if this makes sense and if so the wording I should use? Also, should I include the credit card statements as appendices? Thanks for your help.
  8. davywavy
    Hi, thanks for the reply. I have the original statements and my last payment was definitely November 2009. The amount on the March 2010 statement is the exact amount of the claim. Am I not right in thinking that because my last payment was more than 6 years ago and that I have not acknowledged this debt since, that the Limitations Act states it is statute barred?
  9. davywavy
    Hi, date is March 2010
  10. davywavy
    Name of the Claimant ? CAPQUEST Date of issue – . 22/1/16 What is the claim for – 1.. BY AN AGREEMENT BETWEEN MBNA AND THE DEFENDANT ON OR AROUND 18/6/2007, MBNA AGREED TO ISSUE THE DEFENDANT A CREDIT CARD. THE DEFENDANT FAILED TO MAKE THE MINIMUM PAYMENTS DUE AND THE AGREEMENT WAS TERMINATED. THE AGREEMENT WAS ASSIGNED TO THE CLAIMANT. THE CLAIMANT THEREFORE CLAIMS £3800. What is the value of the claim? £3800 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT CARD When did you enter into the original agreement before or after 2007? C.18/6/2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT SURE Did you receive a Default Notice from the original creditor? NOT SURE Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NOT SURE Why did you cease payments? FINANCIAL DIFFICULTY What was the date of your last payment? NOVEMBER 2009 Was there a dispute with the original creditor that remains unresolved? NO Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? NO
  11. davywavy
    I'm sorry I don't know how to do that!
  12. davywavy
    Can't remember if I have received any notices of default sums. I ceased payments as I ran into financial difficulty, last payment November 2009, no communication with original creditor.
  13. davywavy
    Ok, answers to questions: Capquest, Issue date 22/1/16, claim for failing to make payments on MBNA credit card, c.£3800, original agreement 2007. Can't remember re default notice or notice of assignment. Hope this helps
  14. davywavy
    Sorry, how do I do that? I also wanted to keep details vague as I'm sure DCAs probably read these threads..
  15. davywavy
    Hi I have read and re-read thread after thread and am now looking to see if I understand! I have received a claim form out of CCBC, relating to a credit card debt, to which I've responded with the AoS. I am considering a Statute Barred defence. The last payment I made was in November 2009 and I have not acknowledged anything since. I have the credit card statements from November 2009 to March 2010. The outstanding balance on the March 2010 statement is the exact amount being claimed. The only entries between November 2009 and March 2010, apart from my last payment in Nov 2009, are for interest and late payment fees. It would seem from the evidence that I have that a SB defence should hopefully succeed. Could someone please advise if this makes sense and if so the wording I should use? Also, should I include the credit card statements as appendices? Thanks for your help.

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