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wellingtonlane

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Everything posted by wellingtonlane

  1. Many thanks all, I'll contact a solicitor and start the ball rolling. In the meantime, is there anything else Drydens Faifrax can do to me...send bailiffs round etc? Cheers
  2. Dear All, I am seeking some assistance on a Final Charging Order I have received from DrydensFairfax solicitors acting on behalf of Arrow Global Guernsey Ltd. I had a credit card with Mint which has been in dispute since 2009. I have not received what I considered to be an enforcable agreement document based on the 'four corners rule', when I asked for a copy and hence the dispute. In May 2011 I received correspondence from Arrow Global Guernsey to say they had obtained CC judgement against me for nearly 5,000 GBP. I have lived in Indonesia since 2007 and have not received any paperwork before this notification, and certainly no court papers. Despite asking for a copy of the Agreement from AGG it seems they obtained judgement from the Court without providing any supporting documents...my lack of defense it seems was enough. At the same time it appears that Drydens also gained an interim Cahrging order against the property I still own in the UK. Most recently, despite my protests, they have now gained a final charging order and are asking for proposals, before their client 'considers further legal action'. What are the best options for me in this situation? Should I : Apply for the original judgement to be set aside? Based on what..non receipt of any papers, or the unenforcable agreement? What 'further action' can they take..and can I stop this due to being non resident in the UK. Drydens have had my address in Indonesia since 2011, yet I only found about the interim charging order when the Land Registry wrote to my old address and this letter found its way to my parents. I did also email them when I heard about the Final charging order date, yet they proceeded knowing I wasn't able to attend. Any advice kindly taken.. Any response anyone? I would really appreciate any advice.. Bump
  3. It is Metropolitan-I was quite suprised they actually gave a legal opinion if they were a DCA!!Must be why. I'll try to find the time to sort things out this week. Thanks WL
  4. Thanks Shadow, Will try to do that,and keep you posted. Thanks WL
  5. Actually when I say agreement it is printed " credit card application form from Alliance & Leicester" on the top,and the next line is "credit agreement regulated by the consumer credit act 1974" Only one signature (mine) on the front or back,and no terms and conditions on the doc itself-more recent version with 12 pound penalties included in the pack. Any help folks ?
  6. Thanks all, I'll write to them all straight away. Will keep you posted on progress-if any !! Ps Also have a c,card under MBNA section with the wrong surname on my agreement recently sent by the Bank-any comments?
  7. I had a Credit card and a couple of bank accounts with HSBC. Without my knowledge they paid off the Credit card that was in arrears,by transferring the debt and charges to a bank account with nil balance. The bank account is now overdrawn-I was never given an overdraft-and the DCA trying to collect has replied to my CCA,saying overdrafts are not covered by the CCA. They are now pushing for me to settle the debt,and I don't have a bean !! Is this a legal ploy,for avoiding the CCA and are more Banks doing this sneaky trick?? help please?!
  8. I have been having problems with two of my A & L accounts,MBNA. I am in arrears,and sent off both CCA requests and having heard nothing back,sent letters explaining the Bank was in default. I have now received a Default Notice from them for the arrears,and a few days later they've sent a copy of the agreement ! I haven't had a chance to look at the compliance side for legality,but the document clearly mis-spells my surname,and starts it with a M instead of N.I do remember walking around for a couple of years with a card with the wrong name on it,until finally the bank replaced it,after lots of asking. Is this likely to be relevant,or should I focus on the "four corners" instead. Agreement is from 2003,and has credit limits,and rolling Apr's not a set one? Thanks all,
  9. Thanks all, Nothing from MBNA so have sent,and they have received, Default Letters. Will wait and see what happens next................. Also sent a CCA request to another card co,recorded delivery,but the Royal Mail managed to lose it.I waited for the 2+12 days to be up,before I realised what had happened !! DOH !! New request sent,and yes it has arrived !!Be interesting to see what happens next !! WL
  10. Thanks Bazaar, Well I guess if they want to make some progress there,they'll have to serve me notice either here or my address in the UK,which has a re-direct. Hopefully I'll get a sniff of this before too much action is taken against me.................. WL
  11. Whoops. Fairly positive the envelope went in the bin !!! I l'll check around the house anyway. Is it worth sending the letter re the CCA.not being sent to me? WL
  12. Thanks Bazaar, No news on the CCA as yet,They received the request on the 5th,so I believe today is D day. I used my UK address to request the CCa docs,since I have a redirect to my folks house.I guess the return redirect may add a couple of days,although the sorting office should be able to deal with it as quickly as other mail. It was really lucky ??!! to receive the mail even within time;I received our Christmas parcel from the family sent 11 November on the same date-it only took 4 and a half months !! Heliosfa,thanks for that.The mail was sent air mail,and I received it on the 18th.Since i informed the Bank to my location and situation over here, I hope they will have a problem in putting the boot in !! Having been on the wrong end of South East asian legal system,I can't see that they have much chance over here!!?? Cheers, WL
  13. I've received a letter from the geniuses at Metropolitan thanking me for the payment of one pound towards the debt,and what will I do about the rest of the money I owe !!! No mention of the CCA request that I sent them-any suggestions? Should I send them the standard letter,when folks don't respond properly. Will try to load the letter too. Thanks,WL
  14. Not sure you'll be able to read that last image-try this one !! MBNA Default.doc
  15. Default Notice Received a Default Letter from MBNA on the 18th,which is probably the quickest post has ever arrived,12 days.(enclosed) Nevertheless,the letter has only given me a few days to respond,and I'm hoping someone can look at it,to see if it's legal?! I've also had my CCA request in since 5th March so that will be up this week too............. Any suggestions for slowing the Default procedure down,until I see my CCA agreement? Thanks all.......................
  16. Spoke to a really nice guy at NU who told me what I kind of knew.......... The ex has me again,and not much I can do about it!! Guess I'll have to sue here for the money-any one had success with that kind of thing !? WL
  17. Thanks Beccus, Have received the PM and will let you know how things progress. WL
  18. Dear All, Is there any one on this Forum who has ever had a problem with getting their Endowment cashed when in joint names?? I'm running out of time for resolving this,and haven't heard anything from NU-nothing new there !!!!! Thanks WL
  19. Hi Beccus, I've still not heard from you,is there any chance you can reply straight away please...............?
  20. Thanks all, Will try to find somewhere to move it-although cos I live abroad now,it may not be too easy. Keep you posted...............
  21. Thanks, Will check out the link and action over the next few days.Looks like the CCA request was delivered by post today-should be interesting!! Is it 12 working days now,or calender days? WL By the way,are they able to raid my private current account to pay off this business debt now? I was a sole trader. WL
  22. Thanks Pinky,and Toulose. I guess the hub of the discussion is whether the Bank or CC have your signature in the first place and are bothered to compare it. Also what constitutes a signature?I assume you are able to sign your full name legibly and that would still be a signature? It's probably wishful thinking to hope the Agreement comes back signed by someone else,but one has to remain positive!! Pinky,did your agreement prove to be enforceable or haven't you checked that out yet? WL
  23. Thanks all !!! One thought I did have regarding the signature problem where people are suggesting to not use one on the CCA request is the following: I'm not saying a bank employee would fill in a signature box,that was previously blank,but if your CCA letter WAS signed but with a signature style you have never used before,nor after,surely this could be highly embarrassing if it ever reached enforcement. Imagine the scenario where the bank return your CCA insisting you have signed it,and it's a signature that you have only ever used once on the request letter !!?? If it goes legal,and the judge asks" is this your signature?" and you can prove it most certainly isn't-surely this puts you on the moral and legal high ground--too devious?? Even better if you get a mate to sign it !!?? WL
  24. Hi Folks, Not sure if this in the right Forum area so forgive me if it's not!! I have/had a credit card with HSBC that had a balance from 2006/7 The monthly payments(minimum) were coming from a sole business account also from HSBC. The business closed a year ago and I thought the credit card account had been settled. Wrong... Over the last few months the business account was slowly drained until it was zero.The credit card had fallen into arrears,and then HSBC settled it out by transferring the whole debt to my business account,adding about 600 pounds of charges to boot !! I now have a DCA chasing me for 1200 pounds on the old business account that I left with some money in the account. I've lived abroad for a couple of years now,and have sent a CCA letter to the DCA,Metropolitan of Birmingham. The real questions are: Can Hsbc do this? What do I do next, I have a current account that I pay my UK mortgage with,and don't want to find they raid that one as well !! Is the CCa a wate of time,since the debt is now apportioned to a business account-clever of them,maybe?! HELP !!
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