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Everything posted by myboro

  1. Hi Andy and thanks, defence stated As to the first sentence of Claimant’s statement of case; It is agreed that I entered into the agreement on the 21st May 2005 as stated in the Claimant’s statement of case. It is denied that the agreement complies with s.61 of the CCA Act 1974 (as amended) and the Claimant is put to the strictest of proof in establishing the contrary of my contention as to this element of his claim Have received a copy of the agreement, but they just attach terms and conditions. Is it possible to request the origional at this stage. Currently need to complete Sma
  2. Hi All, Ok defence went in fairly standard denial and asked for stricktest proof of claim. Agreement received but how do I request the origional be produced for court. The agreement was signed in 2005 and received a letter from MBNA with card which stated "New Consumer Credit regulations governing the form and content of your agreement have been introduced recently. If the agreement you signed complied with previous regulations, the layout of this copy of the terms and conditions will appear diffrent as they have been changed to the layout of the new regulations." Seems importasnt
  3. Hi Andy, I thought I had included all the info in the post and would appreciate any help anyone can give. Paticularly regards embarrased defence while awaiting documents. Then think its on an unenforceable agreement and dodgy DN but only time will see. Did raise the dispute with MBNA origionally but they just sold the debt, raised with DCA and told them date of dispute they then sold it again !!
  4. Hi all, j ust received a claim for an old disputed CC and having not looked at the forum for a while could do with some up to date help. Details as follows Name of Claimant : AKTIV KAPITAL PORTFOLIO AS ZUG BRANCH Date of Issue: 13th May 2014. Acknowledge by (+19 Days): Sunday 1st June 2014 Defence By (33 Days) : Saturday 14th June 2014 Paticulars of Claim: The claimant claims the sum of 3,827 for debt and interest. On 21/05/2005 the defendant entered into an agreement with MBNA for a credit card under reference XXX
  5. Thanks DonkeyB, will let the Tomlin Order continue then otherwise it is likely to increase costs significantly. May ask if they want to discuss options for security of debt, not sure how much they want the debt secured on property. If I could negotiate a couple of things I would be happy but doubt they would go for it. Just have to be happy with an interest free loan at £35 per month which is not open to review!
  6. Yes charging order is in schedule of Tomlin Order but badly worded clause states I will sign and return any documents, problem is documents also require my wifes signature. I suppose my main question is CAN a bad default be rectified after enforcement has started. I thought a valid DN was needed to start enforcement - eg claim? Will look for Brandon Appeal again but I thought leave to appeal was granted as Statute is there for a reason so De-minus was not correct as it would override statute!
  7. Hi, Thanks at present yes Tomlin Order is in place and being complied with. Yesterday they made an application for judgement based on the Voluntary Charge not being registered. I opposed this, stating that documents required signature of my Wife who was not named on the Tomlin Order or part of the original agreement. Judge agreed and ruled against the application. Now the solicitor representing talked about re-instating proceedings which is why I was asking for advice. As I understand it the Tomlin Order could onl;y be set aside if both parties agree and I would only agree if I had a
  8. Proceedings in 2009 were stayed as a Tomlin Order was agreed. An application was made for Judgement on the Tomlin Order but judge ruled terms had not been breached. So currently I am only asking in-case the proceedings are re-instated. Should really of gone forward in 2011 but it was making me ill. Had a quick read of Brandon case but seemed to be about 2 days being de-minus. Here default was faulty in more ways than that but how are they allowed to re-issue after starting case.
  9. Hi, Had a Nationwide credit card and after redundancy led to default Notice April 2009. (This was invalid for lots of reasons). Proceedings issued June 2009 and after back and forth agreed a £35/month payment plan. Now during case Nationwide issued another default notice (this time looks valid). Has anything changed recently with regard to default Notice as have not kept up. Case may be back on the agenda (re-instated) and want to know if I can defend on the basis that default before proceedings was invalid! Many thanks for any help, there used to be a thread on Default Notices
  10. As above - they issued proceedings without a default notice. The agreement should also of been a multiple agreement but it was not. I have not seen the defense put forward as I was just happy to see this disappear! Extract from dispute letter below: "I am writing in response to your letter dated 9th November 2009 which now confirms in writing that no default notice was issued at the time our account with AA Personal Finance was terminated. Before your letter we could not be sure this was indeed the case and I thank you for confirming this in writing. Without being sure I felt it wo
  11. Just to Update everyone - AA issued proceedings on this and I had a no win no fee solicitor defend RESULT : Feb 2012 claim discontinued. Great as balance was still over £20Ka
  12. Anybody offer any advice please as I am being pushed by my solicitor to settle with a tomlin order.
  13. No DCA nationwide issued directly using eversheds. Signed an application form and they state all relevant terms were on the back. Dodgy default issued April 2008 and defended initially myself on both counts. Due to stress it caused asked a solicitor to take over. They were happy to do so, but now have come back with the above. Not happy to sign a Tomlin order from what others have said, stating £40 a month fior a £7000 debt
  14. They issued the new default August 2010 and then requested to change the paticulars of claim following re-constitution of agreement. I thought this was simply admin by the court Eg - pay your fee change the claim, still does not alter the facts of the case Solicitor now thinks I should settle though! How cab this be right! No termination notice went straight to issue court claim - 6 months from first missed payment July 2009
  15. OK - credit card case with Nationwide passed this to a solicitor and seemed to be going well - no win no fee very dodgy default notice. But now just got this from them, appears to suggest a second default notice can be accepted in my case - any advice please " I write further to our telephone conversation yesterday evening. As discussed, the Claimant has previously been given permission to amend it Particulars of Claim and are seeking to rely upon a fresh default notice. Unfortunately, the fresh default notice upon which the Claimant seeks to rely is compliant with the Co
  16. OK - passed this to a solicitor and seemed to be going well - now no fee. But now just got this from them, appears to suggest a second default notice can be accepted in my case - any advice please " I write further to our telephone conversation yesterday evening. As discussed, the Claimant has previously been given permission to amend it Particulars of Claim and are seeking to rely upon a fresh default notice. Unfortunately, the fresh default notice upon which the Claimant seeks to rely is compliant with the Consumer Credit Act and Regulations. As such, we feel consider it
  17. Anybody recommend who the best / good law firms are in consumer credit? I need legal help and need to get this right. Thanks in advance
  18. They confirmed the account was terminated when I first asked the question in October. As I said at first, reply now confirms no default was issued at this time. As I was made redundant and have nothing to pay I am going to simply write and ask the account be written off in the circumstances. Nothing to lose I guess!
  19. Oops, think I'll ask if they would consider a write off in the circustances. Re the agreement it is valid apart from I believe it should be a multiple agreement as it paid off a previous loan. In one sense a shame as they accepted my pound a month but its not as if they need the money really. AAResponse.pdf
  20. OK, so they have now gone into cover up mode and I need advice as something seems wrong. I received the attached letter which now confirms they die not send the default and low and behold they have sent another. What a shame I alerted them to the error, silly boy. Is there anything worth trying nor. I am obviously going to complain but feel as though they will cover everything up.
  21. Thanks, seems sensible to request what they have so Subject Access request to both. £20 but may turn out to be worth it.
  22. On the phone both AA Loans and BOS stated the account was terminated but I do accept the only evidence of this is my credit file. AA stated that they terminate/default when an account is 4 months in arrears. As I was paying £1 a month this occurred when the July payment (5th) was missed. So they action-ed the default early July. However rather than send a default they stated they asked BOS to send it. Date of default 31/7/09 on credit file, which fits with the dates stated by AA Loans. How can I get this in writing without them trying to cover it up, they are no doubt aware of an is
  23. Hi All, I have an unsecured loan and due to redundancy have not been able to pay since January this year. Balance over £20,000 monthly payment £285. Went via CAB and proposed a token payment of £1/month in March. Anyway all seemed well as proposal accepted - seemingly as an ongoing amount. Checked my credit file and noticed it was defaulted as of 31/7/09. Original Creditor is AA Loans and currently dealing with Blair, Oliver and Scott (Bank of Scotland DCA). As I had no default notice queried with Blair Oliver Scott in August, recorded delivery complaint. No reply back so t
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