jackreacher
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Everything posted by jackreacher
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Got skeleton off now I need to request some documents. I can not find the correct cpr for requesting information after action has started in the small claims court. Also some of the comms logs using abbreviations not in their abbreviation list, Is there a number I can phone, plus am I allowed legally to ask and be told what they mean. I am happy to post them here if there are any MBNA decipherers in the building. Regards Jack. Jack
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Ok .. got another s78 reply today. Original recon T&C's and last. No cancellation notices on either ?? I want to ask for all the variance t&C's in between. , The account is 1998 can someone link me up to a sample I also want to write back asking for all the agreements meant to be sent out with a new token. I have had at least 5 cards sample letter would be good for both. Really F##ing tired regards Jack.
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looks like these are getting harder. I would not attempt it but it is in my counterclaim
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Hey scaz40, How did they do that? the reason I ask is it looks like something similar is on my Main Comms log but I could not work it out. It refers to loans at some points. feel free to PM me. Jack
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What agreement is yours?? I have a April 98 MBNA mastercard gold same as Harrison v link
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Can you ask for it if you take it through the courts? Good Luck , I have an MBNA CC charges battle about to start
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Thanks slick confirmed what I thought and I will take the 24.9%. Yes I put in an embarrassed defence and counter claim. I then did a witness statement but just stated the facts. I am doing my skelly right now but it will be a detailed document setting out the defence. I am a bit worried if I do not do this the claimant will start moaning and there will be a costs issue. Plus the Judge did not seem very up with CCA regulations and so it may do me favour. Only in the small claims court so I may as well give it a good go. Got most of it nailed. just looking for a recent s78 defence. The Claimant has replied but not fully. I have done 3 requests and let them know they have not complied so it is down to them now.
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Harrison vs Link Financial Limited- High Court judgment
jackreacher replied to pt2537's topic in Financial Legal Issues
Although the failures of themselves constituted redeemable breaches , the need to refer over to the T&C's whether provided or not, in order to assertain the relevant interest rates, put MBNA and thus the defendant in irredeemable breach? Can you explain. Lots of people have their conditions on the rear.. Regards To you and a great win. Jack. -
Thankyou Slick.. I have seen this is a passion of yours.. Just checking , should I have different option spreadsheets available for court. The one I have at the moment is for the total charge ie £25 plus full compound interest @29% My Skeleton is a bit long but does detail everything and I only have an embarrassed Defence and a witness statement. The 2 hearings have been very quick as they would have lost in all probability and the judge gives them another chance. This is the final hearing and I do not want them saying I am springing anything on them. Any idea of how MBNA act. not found a lot. I have said in my counter claim if the agreement is found to be executed I am happy to set off against arrears. Thanks for all the help... keep it coming. Jack
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Genius Mr B !
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where can I find a good recent thread on claiming contractual interest in restitution. I am a bit worried about using the early ones in case things have changed. It is a DCA so I probably can not claim against them but I will put it in anyways, in my defence for a set off and counterclaim.
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OOH! any definite answer. sold ... migrated or ...determined?? Have I got you lot at last .. almost as good as winning in court. skeleton has to be filed tomorrow.
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I really need some quick accurate help, my skeleton has to be in. As usual I have just spotted something . The Notice of assignment letter states the NOA as being 30/01/2012 In the coms log it says this; Sold to Idem under Agreement dated 19/12 2011. migrated to Idem 27/01/2012. determination date was 07/12/2012 So which one is the assignment date.. Regards Jack
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Thankyou DB & CB . I have the Harrison case locked down. In fact that is the same agreement as mine, so very useful. Could you both subscribe to my thread as I need some answers in their and can not keep hijacking Kayyacks thread. http://www.consumeractiongroup.co.uk/forum/showthread.php?420659-MBNA-Idem. Jack
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Hi DX and Kayyak reading with interest. I am currently in a claim with MBNA and having to put a skeleton argument together for next Friday! Is there any proof that uk mail can take up to 5 days to get into the Royal mail system? I keep seeing this but can not find on what it is based. I will follow you case with interest and please feel free to ask or compare documents etc. I have found the SAR Comms logs all 3 logs really interesting and will be posting on my thread later today. Time to get serious. Good luck with yours.
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Ok I am up and fighting the case was adjourned again in order to let the claimant get there act together. To be fair the judge also asked about my Counter claim and mentioned I may be entitled to interest on the amount claimed. The claimant is Idem DCA. Do I still claim against them or MBNA? I have read through some threads on won with interest and I will have a barrister representing me this time. He wants me to look into this aspect of things. I am looking for help and links how Idem cope with this sort of counterclaim. Also section 51A(1) supplying unrequested credit card cheques. Has anyone used this in their defence or counterclaim? What is the the punishment for this offence? I have a load of those sheets of 5 cheques all unrequested. I did use them to pay off loans and balance transfers etc. I am very happy to make a nice donation at the end of this. So all help appreciated.
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I am trying to find the case and paragraph the following excerpt comes from might be carey? 10. These observations as to ‘substance and not form’ as contended for by Judge Waksman are that the signature page and its terms and conditions do not have to take the ‘form’ of one piece of paper (the so called ‘four corners rule’), but that in ‘substance’ should be one homogenous document. I would refine that further by observing that a document that is signed as an agreement that refers to terms on the ‘reverse’ or ‘attached’ or display contiguous page numbering or in any way implying the terms were unarguably present at the point of signature would be regarded as one document containing those terms. On the other hand, a signed document that states the terms were ‘supplied separately’ or contains phrases such as ‘I have received…’ and ‘I have read …’ would suggest the terms were in another document separate from and not contained within the signed document at the time of signing. regards Jack
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This is what I need some advice on.. are the terms contained in Paragraphs 8 & 9 of clear document part of the Important 'Prescribed terms'?? The Clear ones are the real ones I received when I got my credit card sent to me. There were non upon signing. If they are the prescribed terms needed to be there in an agreement upon signing, I don't think they will be able to enforce under 127 (3) as they are missing in the claimants supplied illegible conditions, as there are no paragraphs 8 & 9.. I have not put the clear T&C's in as evidence as I am not sure if it will help my case. Any opinions.. please jack
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This is what I need some advice on.. are the terms contained in the attached document (pdf, mbna 1 8&9 clear) part of the 'Prescribed terms'?? If so will 127 (3) apply as they are missing in the claimants supplied illegible t&C's. attached (mbna 1 frc 2) jack
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Respect dx This is definitely one I can win with some help.
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I have attached the Default Notice docs on here. basically the MBNA DN letter is dated 06 June 2011. The Comms log dated 09/05/2011 shows the NOD sent on that date. (Notice of Default) at date. The next log show it expiring and available to call some 14 days later on the 25th May 2011. My reading of this situation is the MBNA Default letter is made up. How does this all affect me? I am ok at finding faults in their evidence but crap at putting it together as a defence.. LOL
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These are the rest of the conditions including the clear fully particularised terms .
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Ok In court this Friday. I can not afford legal help I took the MBNA International Credit card out on the 6/4/98. It was from a mail shot Priority application form. At the point of signing there were no Full T&C's, there may have been some on the reverse but there is nothing on the front of the document to indicate this.. in fact it says "fill in, sign, fold over and send back in the envelope provided. " I find this wrong because at that point you would have no terms to refer to. The terms and conditions provided in the witness statement are illegible and there are whole bits missing, Important bits ie, Paragraph 8: Credit Limit, Minimum Payment, Interest and other Charges... Para 9, is Interest Calculation. The core conditions do cross reference to the missing pragraphs and para' 15 of the full conditions refers to para 8.8 of the full conditions which is missing. I know this because I have the original Conditions that came with my card. So far I have not disclosed these to the other side, I need to know whether to use them in evidence or not? The core conditions I tracked down using the reference number. They claim in the witness statement to have sent the default notice on the 6 June 2011. and have provided a DN letter saying so. But in the SAR Communication log it is clear DN is sent on the 09 May 2011. This is backed up on another log 'memos for account' which states default notice expires 26 May Notice of default expires available for calling. The agreement in the Claimants POC is between me and MBNA Europe bank. The Agreement is actually between me and MBNA International. Are the Particulars of claim faulty? I couldnt't put all the T&C attachments on here so they are in the post underneath. So I am after some help in providing a good defence on the above points.. I will put the NOD Attachments in the next POST underneath Brains working please.. LOL Regards Jack
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phoned them this morning nothing showing. I don't really care if the court have it. They have to serve it on me.
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Part C of 2 Although they have said there was no account number#### before 17 January 2003 All of part 3 They are 8 days late. Thanks Andy
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