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About mpmmpmpmp

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  1. The original creditor must be the one to resubmit afaik. As soon as your debt is factored this is never going to happen imo.
  2. What was your credit limit on the card? The Default Notice does not give 14days from the date of service as it must, this is fatal to their claim. There is Court of Appeal precedence in Brandon vs American Express Services Europe Ltd which says less than 14days being given for compliance would not be overlooked as de minimis both to the failure to allow a minimum 14 day period and to the absence of prejudice flowing from the defect in the Default Notice. Read that judgement and provide a copy to all parties if it isnt already too late.
  3. Hard lines Cam, sounds like you got shafted. If there is no date on the DN how can they prove it was served in the correct timeframe? This is where I think including every failing possible within both s87/s88 and the Schedule 2 regulations is necessary. Even if it only creates a small element of doubt you may get a reserved decision whereby the Judge looks into it properly and comes to the correct decision. I think there is a definite bias from the Deputy District Judges in these cases to the Solicitors, it's as if they think you're belittling their profession by daring to go to court without representation.
  4. Commiserations Benny, did the fact that the s78 was unreadable hold no merit? There are examples of Judges going the other way on that if you care to read them, google cabot financial vs bachellier for one example. Unbelievable the discrepancy between Judges verdicts in these cases.
  5. According to the statement your credit limit is £8400, why did they default you at £8100 saying you must pay £400 immediately? Is that the correct Default Notice issued to you? It has no mention of terminating your account either. If the figures are wrong on the Default Notice you have a very real chance of only having to pay interest even if the Judge finds in their favour regarding CCA request for whatever reason. Google Woodchester Lease Management Services Ltd v Swain & Co and have a read of that judgement.
  6. I never received any documents after my SAR so Im not sure what it contains. I was hoping to find a discrepancy between my original agreement and the reconstituted agreement which would show it wasnt a true copy of the original agreement as it must be. Don't think it really matters as s78 requests are only valid on live agreements(something I wasnt aware of at the time).
  7. Your post doesn't make sense. Google Rankine vs American Express for Case Law on the matter of s78 request. To quote the Judge 'In the Tesco case, where they are seeking enforcement, section 78(6) of the Act does not have the effect contended for by the Rankines. First, the prohibition is against a creditor ‘under an agreement’. The agreement was at an end. Therefore there is no reason why there cannot be enforcement. Secondly, the word ‘enforce’ is not descriptive of the commencement of proceedings. Bringing proceedings during a time when the agreement has been brought to an end is only a step taken with a view to enforcement. It is not actually enforcement.’ To clarify - my posts were not intended to belittle any of your opinions or statements, I just wanted to inform Betty about things which may help or harm her.
  8. A Default Notice must be in the prescribed form detailed in The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. To quote Action intended to be taken by creditor or owner 6. A clear and unambiguous statement by the creditor or owner indicating, if any action specified under paragraph 3© or (d) as required to be taken is not duly taken or if no such action is required to be taken, the action which he intends to take by reason of the breach by the debtor or hirer of the agreement— (a)to terminate the agreement; (b)to demand earlier payment of any sum; ©to recover possession of any goods or land; (d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred; (e)to enforce any security; (f)to enforce any provision of the agreement which becomes operative only on a breach of another provision of the agreement as specified in the notice, It was a Judge, in a Court, in a Consumer Credit case who informed me about the s78 not being applicable to terminated agreements so take from that what you will.
  9. The Default Notice provided does not comply with s88 of the CCA. There is no mention of your account being terminated as a result of not making the payment. It also does not include the Name and Address of Barclaycard as it should. The date is blanked out so I cant tell if you received the 14 clear days required either but definitely check this, even if it seems that it gives the required days check there are no bank holidays or anything. It is supposed to give you 14 clear days from date of service (Royal mail delivery, the same rules don't apply as they do with court documents service times). If I was you I would incorporate this into my Supplemental Witness statement, s78 requests are only valid on live agreements which you can argue yours is as a result of the account not being terminated correctly. Fingers crossed you get a Judge who's sympathetic. I'm not a solicitor, everything I know is a result of going through the same thing and finding out what I could.
  10. Its not over until its over Big. Any luck and the Judge wont accept their Default Notice
  11. Another excellent, informative post dx. Nice job making every sentence on my last post a new paragraph. Youre the man!
  12. 87 Need for default notice. (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a)to terminate the agreement, or (b)to demand earlier payment of any sum, or ©to recover possession of any goods or land, or (d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or (e)to enforce any security. http://www.legislation.gov.uk/uksi/1983/1561/schedule/2/made - tells you what must be contained in a DN for it to be valid. Yours fails on alot of things as it is a template. 61 Signing of agreement. (1)A regulated agreement is not properly executed unless— (a)a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and (b)the document embodies all the terms of the agreement, other than implied terms, and ©the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible. Im not sure how to advise you with s61 but it shows your agreement is improperly executed. Maybe Andyorch can advise you there. You must quote acts and show the Judge where things fail, they will not do it for you and will probably rule against you if you dont. You need to understand all of your arguments and have them in writing in front of you before you enter the court. You will be very nervous and you are going against a professional. Can you think of one thing where someone on their first time doing something is going to beat an experienced professional? If you prove their documents fail to comply with the Act you can only hope the Judge makes sure the law is followed. They may still take the view, 'you have a debt pay it'. Sorry to be all doom and gloom. Im not a solicitor or an expert so take my advice for what its worth.
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