hi all. I have decided not to appeal on the advice of another Barrister. She did say I should have won but advised that if i lost on appeal I would be liable to larger costs on both sides and its just not worth the risks. i have some more so I will just battle on with them and a bank charges case which is on hold. Thankyou to all who advised and helped.

thankyou but i didnt get that much help and I put the case together based on a lot of research on other threads....so i didnt have too much confidence

thanks guys for all your advice..... i am of the same opinion regards paying for a barrister......i knew it would be my down fall but i felt so unconfident. I shall be seeking to get someone on a no win no fee basis......I do feel that an injustice has been done and i will be checking on the DN thing that since they have terminated they cant reissue a correct one. Will keep you all informed

hi guys i am currently in talks with my solicitor and debating an appeal. If anyone can advise I would really apprecaite this. My understanding is. If we go for an appeal on the DN and the ruling was overturned and the case dismissed, MBNA would go back into court again after issuing a new valid one as the court has already indicated that the agreement is enforcable. So my question would be....would I appeal on the grounds of the enforcability ruling i.e They have no evidence that a signed executed copy of the agreement and cancelation notice was ever sent out within 7 days of signing and therfore it is unenforcable under section 127(4). The original judge obviuolsy gave them the benefit of doubt and ruled it was enforcable whos to say an appeal judge wouldnt do the same...... The original document apparantly doesnt hold any weight in a small claims court......so the copy was sufficient to cast doubt. any comments on this would be welcome thanks for all your comments What are your rights at work Follow this link to read the review of the Guide to your Rights at work, published by Lawpack

sorry i thought in had posted on my thread but was reading this one and have posted on the wrong one....here is a link http://www.consumeractiongroup.co.uk/forum/legal-issues/185557-mbna-restons-defence-ccj.html

have a look at my thread....the fact the default notice was invalid made no difference to my case. Retsons argued that the ref to section 8 was an error on the part of mbna and that they are only human and can make errors.....they would probably argue in this case that it was an error to demand the full amount. It depends on the judge on the day. Be prepared to cover all angles at what they might use and have evidence to counteract it.

hi guys i am currently in talks with my solicitor and debating an appeal. If anyone can advise I would really apprecaite this. My understanding is. If we go for an appeal on the DN and the ruling was overturned and the case dismissed, MBNA would go back into court again after issuing a new valid one as the court has already indicated that the agreement is enforcable. So my question would be....would I appeal on the grounds of the enforcability ruling i.e They have no evidence that a signed executed copy of the agreement and cancelation notice was ever sent out within 7 days of signing and therfore it is unenforcable under section 127(4). The original judge obviuolsy gave them the benefit of doubt and ruled it was enforcable whos to say an appeal judge wouldnt do the same...... The original document apparantly doesnt hold any weight in a small claims court......so the copy was sufficient to cast doubt. any comments on this would be welcome thanks for all your comments

He definately used the sat as normal course of business......and looked at it on his calender and worked it out....in any case I dont think it would have mattered as even if they had only given 10 days I think he would have still ruled in their favour

Hi there....he referre to practice directions from 2008 nobody questioned what he was saying even though I had s7 interpretation act and practice direction from 1985 on post in witness statement.

No but they quoted in their witness statement that it was reconstructed and there was no evidence of it being issued in their comms log despite their being ref to every other letter sent by me and issued by them in there. Thankyou for your advice re barrister I will speak to my solicitor and see if he can help with that one it is a good thing to try with that anyway

thanks guys......any help would be great....I have little faith in the justuce system at the moment. I wouldnt care I offer them £500 to avoid this and they counter offered with £1200....wish I had just paid it now but I thought I had a good case. Im off for tonight but will try and pop in at weekend. Paul if you can help I would really appreciate your advice before I go any further. I can give copies of my witness statement and the Barristers submissions if necessary...which by the way are wrong in parts but wont go into that. I also took a lot of notes if that could help. thanks again

Thankyou....how would i get in touch with him ???

Restons quoted the rankine case too......he had copy of it but the judge did not look at any of the case law....there was plenty there in my witness statement which was completely overlooked and not referred to once during the hearing despite there being about 200 pages of evidence

Thats what I think but how do you convince a judge if he is going to give them the benefit of the doubt ?????

Thank you I will take a look and keep you all posted.....i can offer any help to who ever needs it....as I have said before....restons argued that i had the card had used the money had signed the slip of paper and that I had not been prejudiced in any way by them not comnplying with a few technicalities as he put it. What can you do ??????