Jump to content

dadofholly

Registered Users

Change your profile picture
  • Posts

    3,224
  • Joined

  • Last visited

  • Days Won

    3

Everything posted by dadofholly

  1. You need to move on this and quick - personaly i recommend you take legal advice - you may be able to claim costs from the other side.
  2. None of these companies are going to take you to court - get them CCA's sent off. Even if they did take you to court - the Court would only make you pay what you could afford - and if thats a £1 then that is what the court would order. But they have many hoops to jump through before that was to happen - so get them CCA's sent off.
  3. If you have two agreements send two CCA's - one for each account.
  4. Have just read back through the thread - Arden do not need to send an NOA as they are not claiming to own the debt - only collecting for Idem. But the sale between MBNA and Idem did need an NOA.
  5. When was this account actually sold to Idem - and did you recieve a notice of assignment? The info on when your account was sold by MBNA should be in the info from the SAR. Or in the original letter from Idem.
  6. Are they the same registered company using a different trading name? If not, and they are seperate legal entity's then they do need an NOA
  7. With no notice of assignment they can not take action against you as the creditor. Are you sure they say they purchased the account - what date of sale is there in the SAR you recieved.
  8. Good advice from Mikey - same as i have been giving you for ages now - spend £1 on a CCA and save yourself a lot of hassle.
  9. Your priority is to get that CCA sent off - and quick. Don't worry about annoying them - fighting back is the only solution - it is not fighting back that makes them come after you more. If they can not produce that CCA - and i dont think they can - then they can not enforce the debt. When did arden take over your agreement? and did you recieve a notice of assignment? They have to accept what you can afford - end of.
  10. I know a good Barrister who has the measure of Welcome and was going to call Palmer as a witness, in a case i know of very well - but the opposition discontinued and paid nealry £2K of costs rather than allow him to be called. Also have evidence of what you can descirbe as a conspiracey to pervert the course of justice, files being drawn up, OFT informed and interested and Police next in line. The Barrister may well work on a CFA basis. Would report your case to the Office of Fair Trading - have contact details if you would like them. Oh and if there brief is stating evidence that he knows cannot be true - report him to the SRA.
  11. Has this not technicaly gone to trial once already - and they still keep changing their version? Maybe time to look at a possible strike out application - as they are clearly wasting the Courts, and your time, and are clerly clutching at straws by continuing to try something that works - rather than provide a true reflection of events.
  12. If Welcome own the debt then you would have difficulty obtaining the money while a balance is still outstanding - unless there are a lot of charges etc. on the account - it is not unusual for welcome to owe more than they are owed.
  13. Why worry about them knowing in advance you intend to complain? MBNA no longer own your account so why concentrate on them? - they have issued a final response so forward it to the OFT. But this is not your pressing issue - the issue is can the current owners of your account provide details of the agreement. So have you sent a CCA request? and if so what is their response?
  14. You do not have to give them any evidence that they ask for. Update your complaint with the OFT and send copies what they have sent you - don't forget to mention the content of the phone calls etc. Did you send Idem a CCA request?
  15. You need to report this to your local trading standards office and the Office of Fair Trading.
  16. It's because they assume you require a normal current account - they don't get a bonus for opening a basic one.
  17. caz1963 your need to start your own thread - click on the black triangle on the bottom of your post and request a member of the site team set one up for you with the above post being the first - you will get more help on your own thread.
  18. I know it was a stupid question but i had to ask You realy need to report this to the OFT - as you never recieved the papers - and never even lived at the address they sent them to - then the set aside should be fairly easy - as for your other evidence you will only need t keep it short and sweet at the set aside hearing - a brief skeletal argument before hand will be more than enough.
  19. Ah set aside - was you living at the address they sent the claim to? I think if you get the set aside they will not bother taking this any further. If they do - and because of the state of their evidence - you can claim costs due to their unreasonable behaviour.
  20. The letter they sent claiming to have complied with it - was it dated to a date after you made the request - only ask as another company i know cocked up be sending a fake reply and dated it before th request had been made. Have you done a skeletal arguemnet as yet?
  21. If it was bought by Olympia Capital how do Aktiv claim to be the owners now? Have you submitted a defence - is the lack of NOA mentioned in the defence? Is the failure to comply with the CCA request in your defence? On what grounds have you defended the claim?
×
×
  • Create New...