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eliminatemydebts

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  1. The claims company seemed to be taking the view that the audit which they had done had proved conclusively that the agreement was not properly executed and that therefore all they had to do was present the document and that would be it all wrapped up. Would it be worth someone looking at the document to see if it stacks up? Not sure how to do that on here but I do have a scanner if there is some way to put it up on here.
  2. I was told just to fill in my personal details sign and date the document and insert my name and address and such like .as far as directions I ticked the no box. I also ticked the no box for do you want to settle at this stage and the yes box for have you complied with the pre-action protocols and that I would not be calling any expert witness. If thats not enough info let me know. The original application form was submitted in april 2004 but MBNA also sent a set of terms of conditions which is not dated at some time after that.
  3. Hi and Thanks very much for your help with this. Particulars of claim The Claimants claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974 whereby the Claimant provided the defendant with a credit card and in return the Defendant agreed to pay at least the minimum payment given in the statement .A default notice was served on the Defendant on 13.01.2009.The Defendant has failed to comply with this.The Claimant s claim of 5983.45 is the sum owed plus accrued interest as at 13.01.2009.Demand for payment has been made however the sum due remains outstanding. The defence submitted was The Consumer Credit Agreement relation to this claim does not contain all the prescribed terms required by The Consumer Credit Act 1974. Because I have not signed an agreement containing all the prescribed terms the agreement is not enforceable without an order of the court and section 127(3)of the Consumer Credit Act 1974 requires the court to dismiss the application for the enforcement order. Can you give details of the AQ that was submitted? Sorry I do not understand what this is? The Claimant is MNBA Europe Bank The claim was issued in Northampton but has now been transferred to Chester and I have requested it be transferred again to Altrincham. Thanks again for your help
  4. Hi I hope someone can help me here as I have a problem with a credit card where the lender is taking me to court. I have been using a Claims Management company to deal with a credit card of mine but now unfortunately there is a problem with the company and I no longer have legal advice. They audited my agreement and said it was improperly executed so I could stop paying which I did and then the lender defaulted me and then took me to court. The company said don't worry we will put in a defence for you the agreement is unenforceable and it will not be a problem. But now the company is not dealing with the solicitors on my behalf and having filled in the allocation questionaire on their advice and sent back to the court stating I will not be offering to settle the debtI am now left in the position of not knowing what to do now. The company were going to write to the lenders solicitors on my behalf or give me a template to send them myself. I do have a copy of the audit report which clearly says that the agreement is improperly executed. I do not fancy standing in court to argue this on the basis of what I have got as i do not know what to say.
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