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Everything posted by interweb

  1. Hi I have received a SD through the post from a DCA/Assignee. No previous attempt was made to serve it. The issue is this:- I had an account number with the orginal lender, and the account was in dispute due to prescribed terms not being present etc. and a dispute over whether a final payment had really been accepted. The original lender denied there was a dispute. The account was then assigned to a DCA. When the DCA started contacting me three years ago they referred to my account with an 'Original lender' account number thst was not recognised by me although the amounts in dispute more or less tallied up. I did mention that I have never had an account with that number etc. etc. and that the account I did have was in dispute etc. etc. but all fell on deaf ears. I have now received this SD, but it referts to the imaginary account number. How do I set this aside? Do I deny the debt and state that I have never had an account with this account number and leave it at that or do I in addition say that I had another account and that was in dispute for the reasons mentioned previously. Thanks Interweb
  2. Hi I have received a SD through normal post from a DCA/Assignee. Is this SD deemded as being served? They have never attempted a doorstep visit or informed me of any doorstep visit to serve the SD previous to them sending it by post. Thanks Interweb
  3. It was by default. At the time I was at a low ebb and did not know how to defend myself etc. Regards interweb
  4. Hi I had a CCJ steam rollered against me nearly 3 years ago but have since learnt that I was given defective Default Notices and PPI was wrongly being charged. Is it too late to try and overturn the judgement? Regards Interweb
  5. Hi Many thanks for your replies. In the summary of Waksmans findings there is this:- "(4) If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms;" What exactly does the above statement mean? Does it mean that if the agreement was varied then the original signed copy must be produced ( i.e. not a reconstituted one)? Thanks Interweb
  6. Hi I'm really confused by these, can someone please answer my questions:- 1) Can a creditor still take you to Court to obtain judgement if they can only come up with a reconstituted agreement? 2) If so, must the reconstituted agreement contain all the prescribed terms for the agreement to be enforeceable? I have received one and it clearly does not contain details of the amount of credit limit being given. 3) 'Waksman' mentions that if the credit agreement was varied then the original still has to be produced. What exactly does this mean? Does it mean the orginal copy has to be produced or just a reconstituted orginal and a reconstitution of the variation?? Thanks Interweb
  7. Hi I had a judgement made against me after a solicitor who had intially said I had a good credit card uneforceability claim messed up. He then messed up the appeal process and failed to inform me he was no longer going to appeal. To cut along story short, while my new debt management company was applying for a variation in payment order the creditors solicitors put a temporary charing order on my house. The court agreed to the new payments and these were accepted by the creditor. I could not attend the final charging hearing due to a hospital appointment but I wrote to the Court asking them not to go ahead with the charging order for the following reasons:- 1) Variation of payments already ordered and accepted. 2) Othe non secured creditors unduly prejudiced 3) No equity. I just received a letter from the court informing me that a charging order was granted upon hearing the claimant in person but there was no mention made of my petition/letter. Is this procedurally correct?? As agreed payments were accepted and being made, where the creditors entitled to also obtain the charging order? Thanks Interweb
  8. Hi So basically if anyone is asked that question the bank wins. So what is the point of having a Consumer Credit Act and all its clauses?? Regards
  9. Hi I agree! But why go the trouble of reconstituiting an agreement and then not put in the prescribed terms for example, even if the prescribed terms were missing from the original? So in 'my opinion' it would be naive to assume that any bank would not try to make any reconstituted agreement fully compliant even if the orginal was not........yes, I'm becoming cynical in my old age! Regards Interweb
  10. Hi Thanks for all your responses! MBNA contacted me asking me to update the details of any debt management company helping me. Which i have done but also informed the debt management company that I consdier the account in dispute and not to make any payments to them. My big concern was that if they failed to respond to my CCA request could they not produce a reconstituted copy, in other words a forged one, containing all the prescribed terms in court and have that accepted by the Court as per the 'Waxman rulings'? Regards interweb
  11. Hi After over two years this obnoxious organisation appears to be rearing its ugly head once more! I suffered over a years worth of abuse and harassment and then they seemed to disappear as none of their tactics, such as contant telephone harassment, anonymous SMS and postacrd harassment got them anywhere and my circumstances were that there was nothing I could give them in any case! A CCA request made in 2008 has never been responded to, so at the time I knew they would not have much chance of success in Court. BUT things have changed over the last two years with a number of court verdicts going agaisnt consumers etc. So my question is did MBNA ever get their wrists slapped for harassment acts? Are they likely to start all this nonsense again? As they have still not produced a copy of my alleged agreement are they still unable to enforce the alleged agreement or have they got their heads so far up the LawLords arses that even that protection is no longer there?? Thanks interweb
  12. Hi He was someone I was talking to see if his company could take on some of my cases which were _ucked up by Ratio's demise. No he didnt really say much but I seemed to think he referred to something to do with the term 'credit agreement' not being mentioned as not a valid reason. What is Paul's case to do with and when is it going to court? Thanks Interweb
  13. Hi Has there been an outcome on the court case? The reason I ask is that I was talking to a solicitor today and he says it looks like all EGG agreements are enforeceable. Also I notice the thread by Paul (PT.........) where he thinks that all EGG agreemetns are faulty is no longer there?????? Regards Interweb
  14. Hi FashionablyLate Any update? Regards Interweb
  15. Hi ladybird17 Virgin/Link have reared their ugly head again after being dormant for nearly two years! How did you do with litigation against them? What is the prcess for getting legal aid for this?? Thanks interweb
  16. Hi Thanks for your immediate reply! I know this forum has excellent information and I am truly grateful for it. However after 3 years I have been worn down by ten original creditors and their associate DCAs. I have gone through all the processes and requests, I have shown them where they don't comply and what they doing that is against the various CCAs, Harrassment Act, Ministry of Justice etc. etc. I have threatened them with the Police, and Information Commissioners Office. ..(both the Police and the Information Commissioners Office have been a waste of time)! And I still get harassed and threatened! One of the creditors has a charge on my house. They steam rollered this through when I was at a low ebb and when I hadnt found this forum yet. They then sold the debt on but kept the charge! I know the agreement does not comply. So I need to get the original judgement overturned. Fortunately about 6 months or so ago my personal situation changed and I could afford to start paying some of my alleged 'debts' off. However after nearly driving me to suicide the last thing I want to do is give these people money! Anyone who has been through the incessant and obnoxious calls will appreciate this! six months or so ago I handed over all the cases to Ratio Money to handle in a legal way. Two of the cases are already with solicitors the rest were awaiting allocation, unfortunately Ratio Money have recently gone into administration so I am looking for a Solicitor, not a middle man, to take over these cases and finally deliver me from this EVIL. Regards Interweb
  17. Hi Can anyone recommend Solicitors expert in breaches of the CCA who can help me defend against and litigate against creditors and 'harassers' as appropriate. Please PM me if you are not allowed to post such information. Thanks Interweb
  18. Hi Ok, again I'm probably showing my ignorance here. But if a creditor can just produce a recon' credit agreement. What's to stop him from inputting the prescribed terms, at this point etc. if they were originally missing? In other words what's to stop him from fiddling. If a recon' credit agreement can't be used for enforecement what's the point of it? Thanks Interweb
  19. Hi Thanks everyone! It certainly has cleared a few things up for me. Regards Interweb
  20. Hi I just came across this today. Can someone please confirm that this ruling just applies to the providing of a copy of the credit agreement and does not have any bearings on the prescribed terms having to be included etc. So if the prescribed terms are not there etc. etc the agreement can still be deemed unenforceable etc. I spoke with a Solicitor today who says he is not taking on any more unfair credit agreemnt cases due to the Waksman ruling. So I am a bit confused as to exactly what the implications are. Thanks Interweb
  21. Hi kel123 Thank you for your comments. Regards interweb
  22. Hi Thanks for the advice. I'll start working on it. Thanks
  23. Hi citizenB Is this a amended defence or witness statement? - I don't really know. The hearing is on the 9th November and I don't know whether I am able to submit this or not?? Thnx
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