Jump to content

flapjack21

Registered Users

Change your profile picture
  • Posts

    13
  • Joined

  • Last visited

Posts posted by flapjack21

  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 cancellation notice under 64. I am taking this a positive. Anyone else have any thoughts?

  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. 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

     

     

    I have since made the amendments 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. 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

     

    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.

  5. 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.

  6. 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 could spare the time to help I would really appreciate it. Thanks Flapjack

  7. 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).

    Also the Default Notice we have not received one although one was threatened when we asked for a copy of the agreement back in october.

    I have already filed the 07 form on tuesday and on wednesday re-sent the CCA request and also a letter to the lawyers asking for all information pertinent to the case (as outlined in leedoe's thread).

    I dont wish to question your advice but regarding the book is it applicable in Scotland. I thought there was no CPR thing please forgive me If I have got this wrong. I will complete the SAR on saturday as I cant get out until then.

    Regarding the hard work I knew it was going to be an uphill slog but we have no choice but to defend we really can't afford to pay and we have tried to be fair and do everything right with MBNA but they keep pulling the rug out from under us at every turn, breaking agreements with us and telling barefaced lies plus you can never get anything in writing.

    I haven't received the schedule thing yet should I have received it when I handed in the T07 form to court?

    Again thank you for your help and I will have a good read through the links you have provided.

    Take Care Flapjack 21

  8. 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 interest was to be added to the account. Lo and behold three months later and £1200 of interest had been added whilst we had adhered to the agreement. Following this MBNa tried for an other agreement we refused unless they would supply the terms in writing and remove the interest added to the account needless to say they refused.

    Around oct 16th 2009 I sent of a CCA letter and heard nothing back then the call started again and I told them I had sent this which they have denied receiving.

    On March 17th 2010 an initial writ was received.

    April 6th (removed head from sand) filed a notion to defend.

     

    The initial writ seems to be an ordinary cause the details as follows:

    Pursuers crave the court to grant the decree against he defender for payment to the pursuers of the sum of xxxxxxxxxx with expenses.

     

    Condescendence

    1. The parties are designated......blahblah blah standard boiler plate.

    2. The defender maintains an account with the pursuers. The account number being xxxxxxxxxxxxxxxxxxxx. the pursuers granted the defender credit on the account subject to the defender maintaining an agreed repayment plan. The debit balance on this account is the sum of xxxxxxxxx. Copy certified account statements will be produced.

    3. The defender has not maintained the agreed repayments. There remains a balance outstandng due and resting owing to the pursuers by the defender as at the date of action of xxxxxxx which is the sum sued for.

     

    I have highlighted in red the part I think may be unusual, it seems to suggest that no CCA will be supplied! Any help gratefully received.

    Thanks Flapjack

×
×
  • Create New...