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Everything posted by hungrybear

  1. If you want to get serious about default removal and the DPA then I suggest you search the forum for the infamous SurlyBonds Method, which includes a nice long letter explaining the law to them
  2. things look to panning very very badly....for the dca's do you man that letter came in response to a dpa notice? If so then they have got their nickers muddled - they have 28(?) days I think to either justify the processing or stop or be reported/ taken to court. It looks like you started with a similar spread of oc'c and account types as my OH - she now pays a wopping sod all a month to noone, and 2 went SB this year. The point is that this ia real world advise that works
  3. Yes, I though the first point of call would be a summons, followed by the registered keeper either pays or is in contempt. One thing is for certain - contest or pay now, we've all seen the horror stories of £1500 parking tickets after they've been round a few DCA's and they bailiffs get involved. This could easily go the same way if you are not careful.
  4. Full of good intentions - mine's two sugars and a digestive:D It's easy to sound smug and flippant when you're out making the tea and not in court, but I agree with the general principles of teaboy, just make sure you take the 'doing the judge' bit seriously. Countless people have lost on a 'it aint enforceable innit' defence. You still have to walk the golden mile EVEN if it's a 'cake walk'. TEABOY I'm not 'having a go', just seen too many lose on a winner 'cos they didnt prepare. And I think IS need a reality check on this - after all it's his bum on the line
  5. and there's you taking advice off a red (but jokes aside lets stick to the topic or the cagbot will have us - nice that you put the year of your last league win in your name though:eek:). Seriously though mate, any time - just ask we're one family on here- red, blue, green or white - one for all and sod the dca.
  6. GOOD because whilst you were in the cave, the consumer lost the bank charges case and now that is a bit messy. And i thought I was the one that hibernated:D. stick with cag, we'll get you there - if no one other than a bear posts it means they at least ,mostly agree with the big furry thing:p. I can guarantee that pinky, docman, donkey,, john, 10 others and the site team would NEVER let you get a bum steer. .....follow the bear:D
  7. I like EASY questions! ignore them, file a holding defence on the court time scale.. DO NOT fall for their %^$%^&&. Do what the court says. They are NOT the court, they cannot extend anything. They have a time limit end of story. IF you listen to them you WILL get a judgment by default against you
  8. dont even mention this liable tiger unless you mean it. I've been on the arse end of these leaches and they are NOT funny.
  9. bullsh$%t letter I'm afraid, says nowt of importance there is no such thing as a cra dn - they are two different processes - for the creditor. DO NOT confuse a cra entry with a DN - in law one is nothing, the latter is very important
  10. hungrybear

    MBNA and ukmail

    It's tight for first class, I would say tuesday delivery for first class BUT you'd need to hammer that in court. now we need some nice cagger to say what there postal method is - or you could ring and say you need something by next week, jus wondering how you post
  11. hungrybear

    MBNA and ukmail

    NO - sorry. It would start 'this is a termination notice under sections 78(1) and 98 of the cca. was it sold to the dca? - then it WOULD be terminated at the point of sale.
  12. well I said it on this thread, without reading that and meant that one too by implication:p 'cag is the nemesis of all these $%^&&^%^' I like being on the same page and I'm happy to confirm that WE are their nemisis.:lol::lol:
  13. trotter is seven letters!!! Sorry but I am 85% sure (because I havent investigated the law on this to the nth degree) that either the registered keeper pays OR coughs on the driver. Unless they got the car/make/colour/reg wrong as well this is a recordable offense after all - which means that if they have to they'll get her in front of a magistrate and get her to say who was driving or be held in contempt which is up to 14 days free board and lodge.
  14. hungrybear

    MBNA and ukmail

    who were the creditor, because SOMEONE on here will know their normal method of postage. AND tell me the dates 'cos 1 day is close you MIGHT have missed a weekend or a bank holiday or.... I like clasping at straws, they normally save money:D
  15. speak to the pdsa, maybe your cat can do then for harassment:D.
  16. I think I was the one that said nemesis, and I meant it in a positive way.
  17. e-mail the news editor at any/all national papers.
  18. hungrybear

    MBNA and ukmail

    the interpretations act 1978 states 2nd class (4 days) is normal post. Only first class (2 days) is recognized as an alternative BUT you have to prove 1st class royal mail else it is 2nd class by default; ie 4 days and only working days count as the days No other carrier is recognised explicitly, hence 4 days for UK / TNT; both of which are 3 day nominal service which is 4 in the eyes of the law
  19. well if you want my opinion only a turtle with a lobotomy would use a traceable name and details on any social networking site. AND I should know because I'm married to said turtle which is how I ended up on here:eek:
  20. so the conditions of use were overleaf. what about the terms and conditions including apr and some reference to setting a limit? Also this was never intended to become an executed agreement because there is nowhere for them to sign. From what I have seen this is not enforceable. I think there is a special section somwhere on here for mbna application forms, I know there are a few threads kicking about. Now, I dont want to get you too excited. I would not put my hand on my heart and say unenforceable for two reasons: 1) I've not seen the terms, BUT the application does not refer to terms as such 2) I always prefer to have at least 2 people say something is unenforceable before getting too excited. Having said that it says application and they clearly never intended executing it as an agreement. (I hope you'll agree that it's too important to get flippant about it) - I did have an mbna account myself but never got as far as the agreement, it went statute barred first - shame eh:D?
  21. I havent worked it out. You take off christmas day and bank holidays and work out the 12+2 working days
  22. general send you a notice under sections 76/98 of the cca or sell to a dca or take you to court.
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