tut hope someone can assist you soon then....every little helps Re your SAR & what diddydicky just said I take it you do have the POD

Sorry to keep impacting on your time Shakey as I know you have a lot on your plate already.....along with what I posted before (ref your input) I have updated my skeleton now attached, section 4 i (I have left in red) as wondering if these are relevant....and francovich is in there awaiting clarification/thoughts on too thank you. With regards to my appellants grounds for appeal could you just run over this for me...I am concerned re para 7 if this is relevant to me as my judgment notes by the DJ does not mention rankine but I do remember my court hearing on the day Restons bringing up something to do with Rankine? para 11 also the last bit of this para which says... that said 6.7 in force at the time of the default notice being issued, I take it that refers to the consignia v sealy case above as mine was the Interpretation Act 1978, sect 7. (just checking me being a LIP) para 13 would this then apply if para 7 taken out. para 21 has a mention of Rankine again aswell???? I also could do with some wording in here of the fact that they were in breach of 78 which the judgment notes referred to at 23 "Having considered the correspondence in question I am satisfied that by supplying D with a copy of the signed Priority Request Form together with the current T & C, C complied with the requirements of S.78." BEAR IN MIND THIS WAS NOT A TRUE COPY, I HAD NOTHING PROVIDED IN COURT ON THE DAY. Also the claim for statutory interest under s69 was in the POC too... Nearly there now....ALL THOUGHTS/ADDITIONS/SUGGESTIONS WELCOME please......Thank you....... Appellant Grounds for Appeal MDAW.doc Appellent Skeleton MDAW.doc

MBNA –v- Thorius (in the Newcastle-upon-Tyne County Court, September 2009) Case Law Update - Rosling King Blog Archive Banking Update: September 2009 Hope this is the one your looking for.

Thanks Shakey for staying up so late looking at this for me, that was v kind of you. I have till Thurs 4pm to get this in & he said the skeleton at the same time is advisable in support of this too. I also was concerned what bundles I had to get together for this application & the clerk said I only had to concern myself in section 10 with the top 8 boxes for now...once appeal is granted then my bundle stages will need to be done (although personally if I've got some of these docs to hand already wonder if I should tick the other boxes in section 10 there aswell?) What do you think?? Clerk told me when running down N161 section 5 with me re Human rights box this would not be applicable as isnt in alot of cases? I had requested CPR 31.14 which was not adhered to though so wouldnt Human Rights issues apply? What do you think (also snoops mentioned throwing in that Francovich principle, do you agree too.....(will take out the Bankers Book Evidence one) Clerk also said re Stay question under section 5, he found my order unusual, not a great service was how he worded it as it did not have any time to pay it by/ forthwith within 14days etc so ticking the box to ask for Stay here would be a "NO" too......??? (IMO its only a matter of time this will come from Claimants tho??) What are your thoughts here on the yes no scenario...... Also the clerk said what was strange was that it had never been officially allocated to track, didnt know how its jumped the normal course of action (something I wasnt aware of & had assumed fast because it was 11k+, but then again I am a LIP what do I know ) In these very valuable days left to address this paperwork lets hope all my prayers/answers will be sorted soon (heres desperately hoping) thank you.

Bump anybody - my docs have been posted up & need to be finalised for appeal by mid week.....whats relevant, whats not? please see #398... in what I have had a stab at so far.......I hope help has arrived by Monday or I might be having kittens with this next hurdle everyone......

When I SAR'd them I only got statements from 2004 onwards yet my account went back to 2000. I had balance transferred elsewhere before 2004 & wondered if that was why they only gave me statements from 2004 onwards when I started back with them again on another offer (as I use to be a card tart back then). I just wondered if perhaps your shortage of paperwork submitted fell into that catagory? I'd thought my SAR to them should have meant they still should have sent me everything till way back when...but never did get an answer to that Did you manage to PM hammyhound to pop by ....I only ask because that thread against a CO was WON & as the saying goes nothing ventured nothing gained. Its also good that your having lots of brilliant advice from other caggers helping you too & I hope you get all your questions answered soon.

Thanks Echodale for the inside info....advice like this is good to get knowledge on......

Hi again....looks like Hammyhound has put a suggested letter together on Dorabell thread here too which may assist you....hope the pointers help....sorry I cannot offer more assistance now at this time...but keen to keep an eye on how you get on http://www.consumeractiongroup.co.uk/forum/legal-issues/194044-help-i-have-received-23.html#post2677290

Hi Northstar68 sorry to read of your situation (I am going through an appeal myself with this duo at the moment but not quite at your stage as yet but aware of how they operate ). My appeal has to be in my next Thurs so busy beavering away at present myself. I think this link might help you by Hammyhound who seems to have dealt with all sorts of situations http://www.consumeractiongroup.co.uk/forum/legal-issues/173109-urgent-help-regarding-charging.html Do have a read & check it for relevance, maybe you could pm Hammyhound to see if they can offer any thoughts on your thread too..... I hope you get it sorted & well done on your determination so far with this.

Have uploaded my grounds for appeal now and kept it with the other attachments on #398 hope to welcome advice in these being addressed carefully for me soon :idea:......thanks in advance....

great I look forward to it, what an insight you have endured & well documented too for us LIP caggers to have knowledge of. You have shown amazing courage, well done....

Thanks, that was in Shakespeares appellant, I wasn't sure tho what was relevant to be added into mine and so will add it in...still wondering about the other legislations on it (esp the ones I highlighted in red) any further thoughts? Lovely jubilee....thanks Dad, phew......!! Have you any thoughts on the N161 I posted up especially section 7where its mentioned what I am asking the court to do...had looked through that uni1boys "stay" bits you mentioned but see that was an N164 document....if you do have any pointers what to put down here to ask the court to do (if I have done it what I need to do right here aswell) it would be appreciated..... thanks

If you check back on my posting #294 I posted up the priority request form and allegedly back copy T & C's?? I also had sent 2008 T & C's... ...(so in your opinions have they sufficed the s78 request?) as without the orig document in court how will we know that these orig T & Cs were on the back.:idea: http://i612.photobucket.com/albums/t...g?t=1242733254 http://i612.photobucket.com/albums/t...g?t=1242750486 Re point 17 of the judgement - why does the judge LIE here by saying the creditors signature is on it too. (on the day Restons tried to make out that the sticker (barcode) over the COPY priority request form is where the signature of MBNA would be. Without the orig how will we know that though? I also said it contained no prescribed terms either. The judge clearly aware of too!) My other points raised re 15,16,& 20 of this judgement you will find on that link page here as with the defence he took no notice in examining properly. http://www.consumeractiongroup.co.uk/forum/legal-issues/185814-d-judge-made-wrong-15.html#post2714887

Hi Shakespeare62 I am doing my N161 Appeal & have found your thread VERY VERY relevant...and it has helped me prepare for my appeal too. I cannot wait to read your write up and glad you have had a smile on your face today. Should you be able to assist on my thread at any time....your advice would be very welcome......http://www.consumeractiongroup.co.uk/forum/legal-issues/185814-d-judge-made-wrong-20.html#post2760321 Many thanks.....

Docman/Dad...anyone please - I have been hard at work putting together my appeal skeleton & my N161 these last few evenings that I hope you can input with what to add or delete. I have extracted alot of the Skeleton details from Shakespeare62's layout that has greatly assisted me ....having analysed it at great length I am unsure if some of the legislation will apply to me though as with a few other bits I have highlighted in red. Really am trying my best Could experienced eyes lend me a hand in this please & see if they can pick up anything else at a glance that may not be relevant either :idea::idea::idea: N161 is this information ok ?.....are the boxes ticked correct etc..comments advice welcome.....please Have attached the judgement notes again, my post #294 details the faults re this (and my amended defence is here too, which this family DJ did not examine properly!). DO STOP BY & POST IF YOU CAN HELP ME, I REALLY DO NEED SOME HELP IN FINALISING IT ALL....ANY CONTRIBUTIONS IN THE MEANTIME WITH CHOPPING & CHANGING WHATS BEEN DONE SO FAR WOULD BE APPRECIATED........ thank you....... N161 Appellant MDAW.pdf Judgement.pdf Appellent Skeleton MDAW.doc Appellant Grounds for Appeal MDAW.doc

Requested my CPR31.14 24th Feb 2009 on the 19/03.09 I received what they had on my CCA in the form of a "Priority Request form, latest T & C 2008 (not origs) and a copy Def noice referring to an acct with different acct numbers on it (Not as was originally posted to me in the Jan2009). If they think thats all that was needed under CPR 31.14 then they were seriously mistaken.

Thanks MJ always glad to read threads like this in relation to wrong doings, it keeps us all determined when an unjust like ours has been done and gets the right result it should have had in the end.

Hi your welcome to what I put together in my orig defence for your 10th Feb (should it help?) although I was unlucky in having a family djudge in my case at court last summer who wasnt up on consumer law so going through an appeal at present .....should this help you or in paticular royalblue1878's thread who is just ahead of you at present then you will find the details here.....hope it helps & well done in your determination in dealing with this duo so far.... http://www.consumeractiongroup.co.uk/forum/legal-issues/218054-mbna-help-needed-2.html#post2462965

Thanks for the prompt bazaar, rang the clerk today, & you guesses it, it hadnt been typed up yet, but he said he would see it was done today. He asked if I had the N460 which I said I did. I told him I had the judgement notes already so wouldnt need the transcript, he told me in his experience the approved transcript is always better. I dont want to pay out for something unless I do really need it....any more thoughts anyone about this...I am happy with what Dad & Docman said about not needing this as whats been judged from the court case is in writing already?:? ? Is this just a way of getting more money out of LIP's :?::?: Thanks Dad, will have a wander deeply into this post too....hope to have something put together ready for assistance on it all by the end of the weekend.........by that time the order from the court should have arrived to.

Thanks for the advice foolishgirl...I had my judgement papers attached to the Notice of Hearing from the court which I posted up on my thread (permalink http://www.consumeractiongroup.co.uk/forum/legal-issues/185814-d-judge-made-wrong-15.html#post2714887) So if the 21 days to appeal start after the date of the decision....I will take it day 1 began on the 29th Jan then......cheers for that...MDAW

hi cymruambyth...hows things? I haven't had my court order yet for my judgement at my hearing last Thurs 28th Jan. I waited around for my N460 that day tho having learnt from the delay both you & Humbleman posted on my thread, and had the copy judgment in writing but I was just wondering when my 21 days to appeal begins as I dont want to be missing any deadlines. Without having anything in the post yet from the court or Restons (in my case) I was just wondering if you knew? In the meantime well done in your stance so far...I have been gaining lots of information & advice from you & other threads so far in my determination of appealing too.

Question ....as an appeal is 14/21 days to put my next lot of paperwork together, next Thurs would be 14 days from my court hearing (28th Jan) of the handing down of judgement. I have still not had the courts Order or anything through from Restons yet tho..so wondering when would my appeal day notice begin from.....does anybody know? :idea:

Hi Docman...have been spending time reading around the forums the last couple of evenings to get some ideas on putting all this together...have seen excellent postings on shakespeare62 threads on the layouts that he/she has done and wondered whether I could use some of these for starters...? http://www.consumeractiongroup.co.uk/forum/legal-issues/191784-shakespeare62-nastybank-12.html#post2596735 Did you get chance to have a stab at a skeleton for me? Dad....had a look around some of un1boys threads, as there were 49 threads I wasnt sure from the titles which one suited in particular....I did dip in quite a few...I dont suppose you can remember which one in particular do you? thanks

Thanks Dad I think I get it now & see what you & Docman mean now when you said I didnt need one. Stay/Set Aside.........all terminology I had better get used to fast.....in the meantime I will brief myself up on the other threads suggested by yourself & other caggers esp now that I have been renamed from being a defendant to an "appellant"....thanks v much.....

Thank you Dad & Docman for your continued advice & support....I shall wait on your skeleton Docman, it will help me enormously. In the meantime from looking at my new "bible" I see I have 14 days to get my appellants notice in (N161) The transcript question I raised as per below still confuses me??? Having looked at the N161 form where it states what to include in as my supporting evidence....I see the following written info .... "a transcript or note of judgment, and in cases where permission to appeal was given by the lower court or is not required those parts of any transcript of evidence which are directly relevant to any question at issue on the appeal;" This still makes me non the wiser.... As I got declined an appeal & had brought up reasons at my judgment hearing as to why I was appealing regarding his points raised in the judgement findings.... .(surprised he didnt shut me up!!!) Should I not be enclosing the transcript?