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creditcardmug

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creditcardmug last won the day on May 25 2009

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About creditcardmug

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  1. Agree with all dx is saying above. If, and its a big if they issued a court claim, and you indicated your intention to defend all, then you would have 33 days to file a defence, then assuming it ever got to a hearing it would be several months after that, then you have the 28 days to pay whatever the ccj says.
  2. Also bear in mind every time they sell a debt to a dca, they not only get the 10% or so i the £, but also get all of their money back in the form of tax relief from us the taxpayer!, so they are laughing all the way to the bank as it were
  3. As andy says timelines are everything with court claims, you must be getting close to the date to acknowledge service so go on MCOL and indicate you intend to defend all, if thats your intention
  4. Not ironic at all since the DCAs/banks etc own the CRAs, thats why accessing your credit file suddenly brings allsorts out of the woodwork
  5. Crapone card pre 2000 lol, go for it, they have nothing, the bit that surprises me is the claimant appears from your post to be none other than crapone, i.e. they havent sold it on?
  6. When it gets to the allocation questionaire stage you can put together a draft order for directions for the judge to consider, in it you should say the claimant must "file and serve" the docs you require...this means they have to send the docs on which they will rely by x date otherwise the case be struck out
  7. If you have done the AOS on MCOL and are defending all then you have 28+5 days from the issue date at the top of the claim form to file your defence It sounds like you are going to defend on the grounds that the prescribed terms are not on the page you signed (the application form) And that the default notice was not compliant with CCA 1974 Suggest you look at my threads re nationwide and barclaycard/clfinance in legal successes Can you say which creditcard and roughly how old the card is?
  8. S69 interest is interest which is added to the principal sum under the County Courts Act 1984 S69 why arent they entitled to it? because its a regulated agreement regulated by the Consumer Credit Act 1974 and the County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) section 2(3) states they are not entitled to it!!
  9. I see ims and others are advocating defence re unfair charges etc, however i am not au fait with this, i am thinking they may not have an agreement compliant with CCA, and may not have served a valid Default Notice, either or both of these would be a defence in itself, you can still include the charges issue subseqently if nessesary, thats why you need to post up any agreement/default notice they may have sent you, so we can see whether there is any milage in going down this route. bear in mind the other side are looking at these posts all the time, so make sure you dont include anything that could identify you to them. i see andy is on line hope he sees this:wink:
  10. just to recap, you have filed AOS defend all, if so you have 28 plus 5 days to file your defence so 33 days from the date the claim was issued (at the top of the 1st page of the claim form) ill post some more in a bit, the site kicks me off iff i type too much in a post???? So you can go and have a drink and chill a bit and look again omorrow in earnest lol
  11. Suggest you go on MCOL and file AOS defend all, can you post up the agreement and the default notice that was sent to you, make sure you blank out anything that could identify you
  12. I know how it feels when this is the first time this hits you, especially when you have other problems to contend with at the same time, its horrible and makes you feel so ill you just cant do anything, but you must try to chill out and take deep breath and tackle this head on, You say the card is from 2000, thats good because MBNA didnt have compliant agreements then, have you ever sent a formal request to either MBNA or the claimant pusuant to section 78 Consumer Credit act 1974? You will get this sorted beleive me especially with andys help, if you are going to defend, as a first step go on google type in MCOL and register with the government gateway on there, using the password on the front page of the claim form, dont fill anything in until andy has advised you, but at least you will already be registered
  13. Depends a lot on how old the card is, crap1 didnt have anything like compliant agreements pre about 06, i would either ignore but at the same time be aware and prepare for the possible SD, or bombard them with endless letters re non compliance with s78, until the matter becomes stat barred
  14. Hi, i hope andyorch will see your post soon and step in to help you, meanwhile can you say how old this creditcard is, wheher you intend to defend, and on what grounds, it looks like you have to file an Acknowledgement of Service by the 6th feb so you still have time.
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