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Redfish

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Everything posted by Redfish

  1. Cheers Basil...let's see what my solicitor says about that!
  2. Basil, could you check on the back of your envelope and tell me the address?
  3. I found out that the envelopes with the DN had got mixed up (not sure if it was our mix up or the solicitors) and instead of having the Chester address on the back had a Northampton address. So my solicitors decided not to go to trial on that because the MBNA Witness Statement was claiming MBNA never send out DNs 2nd class! I think there is a higher court case coming up near Christmas which may show that MBNA do actually send out DNs 2nd class...
  4. Hi LB and M and M Well I have more of the detail now after getting a reply from the solicitors. It seems the envelopes for the default notice got mixed up (not sure who was to blame, us or the solicitors), instead of the back giving a Chester address it had a Northampton address. What was funny though was that the MBNA Witness Statement was that they never send DNs second class (!!!), and when we had to disclose our evidence, we had a scan of the front of the envelope which clearly showed it had been posted 2nd class...they asked to see the back of the envelope as if they knew there wou
  5. Hi M and M, thanks for the commiserations. The sols did it all...but reading up on LB's thread, I realise the same may have happened to her as to me...the judge may have accepted a reconstituted copy...who knows. No, the sols did not give us a copy of my defence...so I should ask them that too, thanks. I know the sols have asked us to act quickly to ensure we don't get a charging order on our house, to arrange payment...so I guess that is what you mean by redetermination??? So I need to do an income and expenditure?
  6. LB I would just like to say, I also failed with MBNA, but I used a solicitor! It looks like MBNA are getting more aggressive and judges seem to be lining up on their side. I haven't got the details of how the judgement was reached, but now that I read your thread I realise that the same may have happened in my trial, even with a specialist solicitor representing me. I only hope we can pay off in small amounts as the amount we owe would cripple us.
  7. LB145 I hope your no win no fee solicitor is better than mine...they lost the easiest case for me to MBNA - defective default notice and an application form parading as an agreement...
  8. This is an update on MBNA and the solicitors...they lost the case for me! Even though it was pretty strong, I doubt very much if MBNA could have produced an original agreement in court, and the default notice was defective, so the most they could ever hope to get would be the arrears...however the solicitors have just sent a letter saying the case was lost and now we have to act to pay the entire sum to MBNA or make an arrangement with the court to pay a monthly amount based on our income. The solicitors won't even tell us how the judge's decision was reached, nor how the barrister argued, no
  9. Hi Rizel OMG - I just had a look at your agreement! it is exactly the same as my OH's INCLUDING THE DATING STYLE!! I noticed it because my OH does not write his dates like that, i.e. with a dot between the digits...and I noticed your agreement also has exactly the same dots!!! I know my OH would never sign something without dating it...so it looks like they've grafted his signature onto an agreement and the Jonathan person (who also signed on behalf of the lender on my OH's agreement too) dated it himself...otherwise no other explanation of how the dating on yours looks the same
  10. Ok ihpj, I haven't seen your default notice, but I see you already know and have argued that the terms on the back of your application form do not match the front - condition 11, for example. Most probably your DN takes it's legitimacy from a para 8 (as mine does) of your agreement in regards to payment of arrears, but para 8 on your 'agreement' does not refer to arrears at all but something entirely different. In which case the DN does not relate to the 'agreement' and could therefore be seen as faulty. Most probably they have sent you current T&Cs which do match the DN but don't match
  11. Great...so you have them by the short and curlies! Para 8 should be about paying arrears according to the DN, so the DN has no relation to your application form masquerading as an agreement. As for the typed T&Cs they can't be the ones at the time if they are numbered differently, the lenders would have to say how they related to your application form/agreement because they clearly don't.
  12. Hi LB, also wrote on your thread. I handed my case over to a 'no win no fee' solicitor who has said that cases like this rarely go to trial...they are handling it all, I think primarily based on the faulty DN.
  13. Hi LB, trying to read through your thread today. Can you check...on your DN it refers to para 8 of your agreement (as it did in my DN) - in my 'agreement' there was no para 8, only paras 1 to 3 (incomplete because it states at the top that these are only paras 1 to 3, but no full copy of the terms given with the CCA). The para 8 can be found on the current terms and conditions - but as you have already noted I think, those current t&cs do not match the application form which mentions section 11 for data protection, and section 11 on the current t&cs are not about data protection. So
  14. If your 'rep' is a Claims Management Company then they are probably trying to get out of refunding your money ... if you haven't paid them then get rid of them, they'll do you more harm than good. These CMCs lost out in a test case because it was shown that they could not take the lender to court to write off the debt - the CMCs wanted quick money. But if you are not paying the debt then the onus is on the lender to prove the terms of the debt by producing the agreement. You can't take them to court and expect to win. But they will find it impossible to enforce the debt (they can only hara
  15. This was the basis of a recent test case, to rule that harassment was illegal, but unfortunately the consumer lost out on that issue, the judge ruled that this was ok. If you're interested do a search on this site for McGuffick, and you'll find out about how that test case worked out.
  16. Certainly not true, they do need to have an enforceable agreement! There was a recent ruling which made it possible for lenders to send you a reconstituted agreement (not the original) in response to your CCA request, but it also confirmed if they have varied the agreement (most of them have varied it, interest rates, charges etc), then they have to send you a copy of the original.
  17. Wow ihpj - just read your thread, you started off very challenging and now have decided to settle! Was there something that happened in between that made you change your mind? Is it that you desperately want a clean credit record? Did you get a default notice and termination of the account? Have you checked it is not faulty? Your app form is similar in many ways to mine and I now have a no win no fee solicitor who thinks it's unlikely the case can go to trial (Restons issued a claim in court) because of the faulty default notice and enough evidence that the app form is not an enforce
  18. Firstly, I don't think you'll get much joy from the Ombudsman...they don't consider what the law says, they even admit that themselves, and many people here have found they even side with the banks. Secondly, you only needed to wait 12+ 2, not 12+2+30 - before it was the case that after 30 days they would have committed an offence, but that provision has been repealed. Thirdly, the recent court cases they may be referring to are the Waksman and Carey judgements. Even though they are legally obliged to send you your agreement and they are in breach and can't enforce the debt if t
  19. Agreed GH, no Total Amount of Credit, clearly unenforceable...there's no way it's clear to an ordinary consumer how much they owe in full. Nothing about variation, but have they in fact varied it? If they haven't then it's not an issue, if they have then it is an issue.
  20. Agreed. This is how I see it: The case at hand is what is stated by me in my account in dispute letter, that is why I have stopped payments - I have defined the nature of the dispute in that letter. After that letter my position is that I only respond to letters which try to deal with the points raised in that letter, i.e. that address the dispute. Most of my creditors simply ignore these points were ever made, they try to state an entirely different case - instead of the case of their s.78 default causing me to stop payments, they try to put forward a case that me stopping payments caused
  21. Thanks Pipster Yes, I can see that it is important to not only have the right documentation (and analysis of that documentation), but also it is important the way it is presented in court...I can see that it may be very easy for the other side to throw in some reference to case law or legal procedure and I wouldn't know what they were talking about - then I would start feeling lost and out of my depth. I think it is a state of mind, some people naturally would have the confidence to deal with that, and not feel undermined or attacked by the other side's tactics...especially as you say, i
  22. DD, they do say they "WILL" terminate on the DN...so that's good news! Thanks that's good to know!
  23. Thanks M, very nice to have the reassurance about the DN dates...and really appreciate you telling me how long the process takes...that was something I really had no clue of...was getting ready to appear in court within a couple of weeks:shock: A bit of a relief that it takes that long.
  24. Hi M Thank you so much for looking in. I really do appreciate your help. I am sending an SAR off today. The value is over 15,000 - with all their charges etc I think it's almost coming to £17,000 or so. So it's not a small claims. Would you be able to count the days on my DN to tell me if I'm right in thinking it's 2 days too short? It is dated 8 Feb (Monday) and was sent 2nd class (so would have received on Friday 12 Feb), the date to remedy breach is BEFORE 25 Feb (a Thurs). Would really appreciate a second mind on this, just to make sure I haven't made a mistake. I
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