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Everything posted by Sunshine54

  1. hi, I wonder if anyone could help? I have a Spanish property with a mortgage (spanish bank) and I can't afford to continue with the payments. The property is unsaleable (nice house but the Spanish Property Market is on it's knees( Could anyone advise what the likely actions would be if I stopped my mortgage payments? I have a UK property with minimal equity and no other assets but a reasonable income if I stop paying the spanish mortgage. If you could advise what my options are or where I can find more information it would be much appreciated. many thanks
  2. hi does anyone have knowledge of RCI Pure Points contracts? I have an issue that I would appreciate advice on but don't want to put all detail on here if it's not something that anyone has knowledge of (don't intend that to sound 'off' so apologies if it doesn't read the way I intend it) hope to hear from someone many thanks
  3. Morning MandM Fantastic News and a well deserved result :D It's hard work and scary stull but this site is great, the support and advice is invaluable and the end result is worth the effort. Good luck with the rest Sunshine ps is it my imagination or do Egg keep losing these skirmishes????
  4. hello again has anyone actually sent the 'acceptance of unlawful rescission' letter yet and if so, what response was there from MBNA? I'm in exactly the same position re DN, Experto, Varde so just following progress. I didn't receive a notice of assignment - just the letter from Experto saying that Varde have bought the debt etc etc They are stepping up the phone calls now that they've corrected the account number. This may sound daft but I'd like to be absolutely clear that the debt was sold and can't be handed back to MBNA before I send my 'Unlawful so go away' letter. regards S regards
  5. morning HH I think you'll find that the 'other DCA' is just one of their trading names. MBNA offered much larger discounts than 20% before they apparently sold the debt so I'm inclined to think that 20% isn't generous at all. regards S
  6. hello again when my post arrived today I have received the same offer of 20% or 15% discount. hmmm regards S
  7. morning Itc I haven't heard from them but the 20% discount is interesting as MBNA were offering far bigger discounts than that before they passed the debts onto Experto. I'll have a search around for CMC best regards S
  8. Hi Tinsie It's ages since I did anything with this Barclay's agreement. (been busy on Egg lol) I wrote and told them that they hadn't provided a conformant CCA and they stopped charging interest, I haven't paid, they don't chase and I just receive the monthly statement which I file safely. Not sure whether I need to do anything else at all in the short term as I've got a MBNA card to deal with next. oh dear - it's all go .... don't think that this helps you but good luck S
  9. hi everyone just to say that this is now closed and I'm afraid that I can't say anymore than that. :D:D a HUGE thankyou to everyone who gave moral support and excellent advice over the months. I'm extremely grateful. best regards S
  10. good morning eggy12 sorry to hear about this development. As the Claim has been made, presumably via Northampton?, you need to acknowledge the claim - please make sure that you don't miss the deadline as you will have judgement awarded against you by default. It makes sense to defend the claim as, if you don't you defend then you will get a CCJ anyway and if you do defend then you have a chance of winning. If you can post up the relevant details of the claim and copy of the agreement (minus personal details) if you have it, then the more experienced Caggers will be able to advise you appropriately. best regards S
  11. good evening just want to add my congratulations and very best wishes. A great result and thanks very much for sharing the information here to benefit others S
  12. good morning I can't advise I'm afraid but this will take you back up the page and you will hopefully get help from someone more knowleable than myself best regards
  13. was asking about Appeal but just spotted the appropriate thread
  14. hi M does that count as an 'unless' order? So that you don't have to go back and ask for it to be struck out and they won't get extra time? If the claim is going to be struck out are you going to ask for your PPI as a separate claim or are you going to file a counterclaim ? S
  15. morning M hope you are enjoying a sunny Sunday I'm a little bit confused. Are you saying that the Directions say that the claim will be struck out if they don't comply and provide the requested info or are you saying that they crossed out that bit when they issued the directions? best regards S
  16. hi does this help? 1. Notwithstanding the matters pleaded above, the Claimant must under Section 87(1) of the Consumer Credit Act 1974 serve a valid Default Notice before they can demand early payment of sums not yet due under a Regulated Credit Agreement. 2. Under the Interpretation Act 1978 Section 7, it states: Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post." 2. Practice Direction Service of Documents - First and Second Class Mail. With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore. 1). Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post. 2). To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:- (a) in the case of first class mail, on the second working day after posting; (b) in the case of second class mail, on the fourth working day after posting. "Working days" are Monday to Friday, excluding any bank holiday. 3). Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used. 4). This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process. 8th March 1985 J R BICKFORD SMITH Senior Master Queen's Bench Division
  17. good morning all couple of points ITK explains in detail about the training and quality measures that are in place at EC and it sounds commendable. My personal experience is that the people who call are arrogant and patronising to a high degree. (Maybe it's just the person who has been assigned my account) I haven't sent a second SAR to confirm (will do that this week) but when I rang MBNA to check on the status of my account I was informed that on their system is says the account was sold to Experto Credite. I received the DN in September, along with many others, with the same issues ie insufficient time to remedy, demanding the full amount not just the arrears. There has been no communication from MBNA regarding the assignment of the debt and it was transferred before the end date for remedy of the default. The first letter from Experto states that Varde Investments had bought the debt. What exactly is the relationship between Experto and Varde and why does MBNA's system say that the debt was sold to Experto if it was actually sold to Varde? As per MandM's post above, I'll check my credit file but I expect to find the same result. regards S
  18. Hi Vint I too have a DN which asks for the full amount rather than the arrears and doesn't give adequate time for remedy of the default. You say above that once the accout is terminated, you need to accept their unlawful rescission of the agreement. My account was sold to Varde/Experto before the date given to remedy the default so this is terminated. Should I now be writing to MBNA as you suggest? If so, is there a template letter that I could use? best regards S
  19. haha don't apologise for the humour- it's a good thing I'm just reading back over the thread so that I can make more sense of what's being discussed btw It does seem that the excellent discussion relating to Multiple Agreements would be well placed on the Multiple Agreement thread. regards S
  20. good morning this is a fascinating read so thanks very much. ps why aren't you asleep Nick?
  21. hi AskI an amazing read. many thanks for the update and very best wishes for success at court. It's unbelievable that this has continued to this stage. S
  22. ah I see it now! thanks Caro, it's good to know that there is moral support as it can feel like quite a lonely place when trying to decide on which way to go. I believe that I have made the right decision and will put all of my efforts into the next stage. I'll keep you posted (and quoted now that I know how to do it lol) regards S
  23. It's January 2010 and this court case started in January 2009. I do clearly remember the panic that I felt when I opened the letter from Northampton. I had absolutely no idea that this could still be ongoing 12 months later OR that I would be rejecting offers to withdraw the claim. Don't get me wrong, I would love this to be over and assigned to my history but it seems that the battle is needed to ensure that this is properly and comprehensively resolved. (fighting talk from someone who was quivering and scared a year ago - not bad is it?) best regards S
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