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Blood Money

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  1. Hi pdaddy, I'm going through this at the moment with MBNA - bit further along now - waiting for a hearing date. Don't take the calls - they will get nasty & make threats & try to bully you into paying while ignoring anything you ask for - they really are quite rude! I had one particularly obnoxious idiot who kept ringing back when I hung up. I started putting the phone next to the TV so he wouldn't get lonely talking to himself. The calls soon stopped. Make the same request for the 'true certified copy of the agreement' only this time do it under CPR rules assuming they a
  2. Cheers CB. I'll get the defence finished off & post it up to make sure I have not said anything stupid. Without the 'Letter before Action' I take it Optima have boobed? Is it worth putting in the defence at this stage? BM
  3. Thanks CB That 2nd one probably fits the bit better. Will need to amend as CPR letters are 2 formal requests + last chance before ask court to force disclosure letter + x2 requests via Optima (the last one of which they wrote back & refused to enter into dialogue & referred me to MBNA). Should look good in court. I have had no 7 day letter. I did get a letter asking for proposals to settle arrears & respond within 14 days or MAY commence legal action without further notice. Does this count as a Letter before Action? Do I send the letter (& attached copy of
  4. Thanks for input Rob & CB. 1. I used CPR 31.16. That was what was on the template I downloaded. Is this wrong? 2. The DN Letter states the payment they require. It refers to repaying the 'amount of any arrears on the account' but does not say the payment required is the arrears amount. It does not ask for the full amount. 3. It gives the balance but not the credit limit. 4. There is no agreement number on the POC. 5. They sent my current T&C. 6. They sent what they calim are original T&C but these are incomplete. Please read post#4. The T&C refer to o
  5. Hi Sunshine, I've been through loads of posts - gone square eyed! But I'm no solicitor & I could do with some assurance that I have got my facts right before I go to court. Time is getting a bit short now & could really use some help with this.
  6. Hi Rob, Thanks for that. I've had a look at the thread & can use a lot of the embarrassed defence wording if I go this route. I could really do with someone commenting on post #4 and my comment on the DN in post #15. Time is ticking by very fast now. Thoughts anyone? BM
  7. Hi Rob, Dated 22/06/09 & given till 10/07/09. 19 days in total (including date sent) 4 of these days were Sat & Sun's. No bank holidays. Didn't keep the envelope & can't remember if 1st or 2nd post or date received. Unless there is anything wrong with the wording I dont think this is going to help me. BUT - the DN refers to paragraph 8 of the agreement & repayment of arrears. In the T&C sent to me paragraph 8 is about the APR. Backs up that this is an app form & not an agreement. Any thoughts?
  8. Hi DG, Yes the 'Right to Cancel' is on the front page. Is this important? The Default Notice gave 19 days. Get well soon - all the best. I would be grateful if someone could comment on the points raised in post #4. BM
  9. Cheers Redfish, will be interested to see what he says. BM.
  10. Hi Redfish, Did it go to court & if so what hapened or is yours still ongoing? I'd rather be on stronger ground than just this one point if possible.
  11. Here they are. Application Form.PDF Default Notice.pdf Court Papers.pdf BM
  12. Thanks for advice Bazaar & DG. Finally got the stuff depersonalized & scanned. I have posted everything up now. First - the Application form (alleged CCA) & the T & C they sent me. These have been posted before & are very poor copies. 1) I can't see anything linking the front to the back page. 2) There are T & C which refer to other T&C clauses which are just not there (eg 2.1, 8.11, 9.1, 9.4, 10.5, 10.6, 14.1, 15). 3) The T&C refer to other MBNA Credit Card T&C. The phrase used is: 'Set out in paragraphs 1-12 below are Conditions S and
  13. Thanks Vint 1954. Have done so under MBNA v Blood Money
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