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flapjack21

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About flapjack21

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  1. Had the options hearing today, their lawyers asked for an extension to the adjustments of three weeks (My partner did not object though I thought he should have). I think this is a good sign we have got them on the run. The default notice they provided in their inventory of products was a total shambles basically no more that a statement with a notice of the default sums. Their lawyer/solicitor looked less than happy that we had turned up. The Agreement they provided is not enforceable due to a lack of their signature under 61 and plus there are issues with the prescribed form of the cancellat
  2. Supposing they do even then would the court not need the signed agreement before they could enforce it under S65 or is that an entirely seperate issue? I hope to be in your position one day so I can help someone in my partners position, as you say what goes around comes around. I hope I implied my thanks to all the caggers who have helped in any case in the past which are available to see and learn from I think all the posts I have read have helped in some way. Flapjack 21
  3. I have since made the ammendments you suggested and read through your thread (Congratulations on winning btw) on conscedence 2. I have removed the part about requesting a copy under S77-79 which I feel may have confused the issue as what I wanted was to bring attention to the fact that the agreement was governed by CCA 1974 as they had made no mention of this instead wish to provide 2 yrs copy certified statements. Again thanks very much for your precious time and advice. It is people like you and other caggers that ensures me there is hope for the human race yet. Flapjack 21
  4. Thank you so much for your help I will check out your thread and ammend as suggested. You are quite right it is thursday it is due in but I will be having a small surgery (If they do it with the ear infection, I dont think they will but better safe than sorry) so it must go in tomorrow as Mr Flapjack will be accompanying me. Thanks Again
  5. Has anyone had a chance to look at this, it is getting handed in tomorrow and I am a bit nervous I fouled it up. Like I said in my previous thread I am laid up with a severe ear infection and nothing seems to be making sense to me at the moment.
  6. Hi All, A little later than promised as I am laid up at the moment and having difficulty concentrating anyway here is the draft of my partners defence which is to be submitted midweek. As expected no agreement has turned up which is making it somewhat difficult to formulate an adequate defence bu on the plus side I did find a document which looks like the default notice. Anyway here is the draft so if any of you kind people have suggestions I will be happy to hear them. Template for Cag.doc
  7. Thank you both so much, so in the first incidence I need to reply to the plea's that they have not provided proof of a legally enforceable agreement got it. I will just go and order the book I will write out the preliminary plea's on friday to give them a chance to get the agreement to me (which I do not believe they will). Once I have done the plea's I'll pop up a draft. Thanks for the help and the goodwill messages cheered me up no end.
  8. Oh and the above link to the ordinary clause rules has changed all you get there is a list of template documents to be used in the clause. Ordinary Cause Rules This link will take you to a very lengthy list of the rules of the clause. Just incase anyone is following this thread looking for answers or advice.
  9. Ok, So I have the schedule it arrived on Saturday, MBNA's solicitors also contacted us by mail to say they would have the documents requested forwarded to us and also offer us to settle early at a reduced amount. Believe me If I could settle early I would but that is not an option for us do we need to acknowledge the offer of early settlement? I am currently working on the plea's we only got 14 days to hand them in from wednesday 8th (I thought it was 21). But as they haven't supplied us with any of the docs requested yet I am a bit lost is there any way to force them to do so. If any one co
  10. Hi Ida, thank you for the advice, the main defence I think is that they have no signed agreement or possibly passing on a credit token illegaly as my partner only answered some questions in a local chain store. Actually when the card came through I remember being livid but he swore and continues to do so that he never applied for a credit card in store. This was in 2005 so I cant remember if he sent back an agreement. However on the writ they say they will provide 2 years of cerified copy statement as proof of the ongoing agreement (coincidentally that also coincides with us cancelling the ppi
  11. Thanks Chris, I forgot all about the easter bank holidays and school holidays. Thanks for the reassurance it really helped make me feel a bit better.
  12. Please if someone could help that would be great. I have sent off the letter to their sols asking for info and renewed my CCA request by rec del this time to MBNA. Do I need to also do SAR because I am struggling to find the money. Any help gratefully received.
  13. Hello all, I have been reading through the forum but am still very confused (terrified beyond all reasonable measure) and require some help defending a courtcase brought by MBNA. Here is the order of events so far circa dec 2005 my partner filled in what he thought was a questionaire in a local shop and shortly thereafter he received a platinum card. the card has been upto it it's limit twice before and cleared then in april last year tragedy struck and we were no longer able to pay. I contacted mbna and put in place a short term agreement to pay reduced payments and during this time no
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