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About KmanUtd

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  1. Dear all. I wonder if anyone can help? Fairfax, who act on behalf of DLC after they bought an alleged debt from MBNA, issued me with a county court claim. I defended it resolutely as I actually have evidence that demonstrates MBNA forged my credit agreement where in actual fact there never was one. They altered the state of an application form to such a degree I couldn't wait for my day in court. Since filing a comprehensive defense which was back in April to Northampton county court bulk centre I haven't heard a peep out of them. Usually an allocation questionn
  2. By stating the above to the FOS, it is not something they will help you with. I hate to be the bearer of bad news but....Assuming that they sent your "agreement" within the statutory time limit of 12 + 2 days from your original request, they will be able to legally say that they have complied with the act. By completing their obligations in sending you the document that they have on file (whether it is properly executed or not); they will not regard that the account is "in dispute" and therefore normal collection procedures will continue. That is why the FOS can't be bothered as there is no
  3. Hi, the problem you are having is faced by a lot of people. The FOS isn't interested in the legal side of whether or not the document is enforceable. They always assume that if you have the card/debt and do not deny it, then the issue is of how the bank "handles" your case and not the enforceability of the agreement. My complaint is different as I complained about harrasment during a dispute and a bigger accusation of breaking the banking code by the manipulation of the CCA (not enforceability). Which according to the adjudicator, was a new complaint to him! It is your responsibil
  4. Hi Bornrich, My actions really aren't emotional even though they have caused me stress. The mention of the stresses are the only way one can quantify and demonstrate any possible claim for damages to the courts. In fact, even if they don't hold a properly executed agreement, the ICO isn't interested unless the creditor HAS caused you stress. What do I want? I want MBNA to answer the case I have against them without ignoring claims of fraud; when they receive a summons, I want the opportunity to sit in court whilst a judge reads the nonsense they have furnished me with, I want my de
  5. Hi there people. I have spent the last 6 months helping MBNA embarrass themselves through a series of written exchanges regarding my dispute. Through this exchange it has become clear that they most certainly do not hold a properly executed credit agreement that displays my signature. After a CCA, they sent me what I am calling version “A” of my alleged credit agreement; it’s basically an application form. I contested this version to such a level that they basically ignored my claims as to its validity in a court of law. Upon escalating my complaint to the ombudsman regarding their
  6. Thanks for the link, I have read with interest. I have challenged them today about it being unenforceable for several reasons, here is my letter: Account In Dispute Thank you for your letter showing postal date 15th May 2009, the contents of which have been noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfill your requirements under the Consumer Credit Act 1974. Having taken the time to look over the documents supplied in response to my statutory request made under the Consumer Credit Act 1974, I have th
  7. Just tried clicking again, following message appears: Invalid Thread specified. If you followed a valid link, please notify the administrator
  8. Thanks for looking Steven, unfortunately the link provided is invalid.
  9. Great link Slick, thanks a lot, I have seen so many MBNA agreements recently and I have to say, My airport lounge application form has to be one of the worst I have witnessed so perhaps that will work in my favour.
  10. So is your thought (as is mine) that the front page of the application was the only document actually involved? My understanding is also that the prescribed terms must be within the four corners of the document that I actually signed? Besides it is clear that this was filled out by way of "Application" in an airport lounge, surely terms should have been sent after the application was considered for me to sign?
  11. Thanks slick, good advice, I'll SAR tomorrow, as you point out, each day I wait i'm technically losing as time progresses. I'll let you know how I get on, on another note I have some terms which are actually an application form from MBNA. I've started a thread under MBNA and would really appreciate your thoughts. Many Thanks
  12. Hi People, After a CCA request to MBNA, the link to the files below is what I received back. The document is clearly identified as a credit card application and it does bear my signature. It was done on the spot at Gatwick airport en route to the canaries for a holiday! I would dearly like for somebody to look at the documents and make any comments. Many Thanks, 4shared - free file sharing and storage - share folder - MBNA Docs
  13. Hi Slick and thanks for your quick reply! As suggested I am primed and ready to go with the 2nd letter. My intentions as far as a strategy is concerned is to play it very logically and fair (the law likes reasonable cases). I thought that if it gets to the stage where I have to get a court order to obtain disclosure of the doc containing my signature, I would at that stage SAR them as well to claim charges by way of upping the ante. They have definitley made charges but no PPI relevant. I have the relevant forms if it gets to SAR stage (maybe it's wishful thinking on my part b
  14. Hi People, After days of research and serious reading, I have CCA'd Barclaycard and they have complied by providing a blank copy of T&C's dated from the month the account was opened. I replied with the following: thanks for your prompt response to my formal request for a true copy of my credit agreement (your ref: section 78 of the consumer credit act) dated 15th May 2009. It was safely received on the 19th May 2009. I wrote requesting that you supply me with a true copy of the executed credit agreement for this account. In response to this request I was supplied with a
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