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DoINotLikeThat

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About DoINotLikeThat

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  1. Just got a notice of discontinuation! Was probably not going to defend (given the fact that it was allocated to fast track and I was worried about the costs)! Does this mean I've won, or can they come back later and have anothjer go at me?
  2. Credit card and I was definitely in breach - as the DN said. Still don't know why they sent a DN if they think they can get away with the clause giving them the 'right to terminate at any time'.
  3. The default notice I received was defective by at least two days (if first class post), so I sent them a letter (from examples on here) to say why the agreement had been terminated unlawfully. I got a reply which stated, amongst other things, that their T&C "confirm that the agreement can be ended at any time if reasonable notice was given..." and that "no collection activity took place until after the notice of default date had expired". They concluded that the DN was, effectively, irrelevant. If they are right that they can end the agreement at any time (they said they will do this
  4. Thanks Docman, lot to think about! Hi Hammy, SCM were the solicitors in my case. What about your default notice - is it just a template like the one they sent me, with xxx in place of dates, amounts etc? If yours goes to court like mine, you may get a better DJ than me. I know some people may say that if you are prepared, with all the arguments, case law etc etc you will win (and by implication, if you lose it's because you are not properly prepared ), well I had everything prepared, I had researched here, and used other sources, for many many hours, and as an ex teacher I a
  5. Wilson v First Capital Trust (Lord Nichols words from the case were 'Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. - I can't think of a clearer statement to counter any argument about Carey v HSBC.) Even Waksman J stated at the start of the judgment that it was in relation to S78! Thanks for your reply. I actually used the very same Wilson quote you mention (even had a copy of the full case with me). I asked for leave to appeal and the DJ (who was actually very polite throughout, allow
  6. Well, hearing yesterday. Judge Lottery? More like Judge farce! Went in hour late, DJ said he had not read the papers. Then he said there had been a recent case which settled these matters once and all, but couldn't remember the name of the case. Both me and the solicitor for Lloyds TSB said Carey? Ah yes, that's the one he said, but he didn't have a copy. I gave him a spare copy I had. Then he said it's nearly luch, I'll have read during luch and can we come back at 2 o'clock. Lloyds TSB had supplied a reconstituted agreement - a photcopy of an unsigned application form, with T&C
  7. Is there a definitive answer on this? Do banks need to issue a default notice for overdrafts before they can terminate them? I wrote to the bank to argue that they had unlawfully terminated my current account because they had not issued a default notice as (I thought) was required by S87(1) of the CCA. Their reply is as follows: "The Termination Notice was issued correctly under Sections 76(1) and 98 (1) of the CCA. Please note section 97 (1) relates only to loan accounts." I accepted that overdrafts are exempt from Part V, but (using arguments from this forum) said that an over
  8. Hi, thanks for replying. I got here because of ill-health, had to give up work, couldn't pay etc etc - probably not dissimilar to a lot of people who come to this forum. As far as this debt is concerned, I attended a hearing in May (previoulsy defended on gorunds that creditor did not have credit agreement, only the application form, etc - again, familiar arguments to a lot of cases on here). Judge was fairly sympathetic, but when the claimant's solicitor chimed in with the Carey case (i had prepared for this - used argument re this being only for S77/78, no agreement at all anyway let al
  9. Yes, first opened in 1985. But according to the solicitors, it has had two different account numbers since, no 'new' credit agreements. Do I even need to worry about this? After all, their letter says they don't need a 'new' agreement for the changes, so we're back to the original one in 1985 which they admit they don't have (let alone a default notice). Should I just concentrate on this?
  10. thanks for the link FTM,. There's a lot to get my teeth into!
  11. thanks to both for your replies. I will click the red triangle!
  12. No-one? Oh well, I'll just try and cobble something together...
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