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Everything posted by Fluffystuff

  1. SOS! Does anybody have a copy of an original MBNA Points application form from around September 2009? This really would save our souls! Thankyou.
  2. Arrears. (Though they did ask for payment of the whole outstanding balance some months before D/N was issued!)
  3. Hi Pedross, DN definitely faulty, not enough time to rectify, amount includes penalty charges and they also sold debt before expiration.
  4. Polite request to site team, please can you move this thread to legal? Thank you.
  5. Thanks again Seriously, much appreciated. I read the Harrison case at the time 'pt' won but skimmed through as all was quiet in our household at the time! Will now digest thoroughly. Remiss of me not to have asked after your well-being, apologies, hope all is good. X
  6. Thanks for that SFU, so to clarify, my main defence will be the selling of the account before the expiration of the default notice, which in itself failed to give requisite time to rectify? Do you know if the notice of assignment has to be in a particular form? I'm a bit confused over equitable and absolute assignments.??
  7. Hello all, long time no speak! Could do with a guiding hand please, husband received claim today, issued CCBC 14/11/12 POC: The Claimants Claim is in respect of a credit facility................provided by MBNA at the Defendants request on ../../2005. The agreement was subsequently defaulted. Failure to meet requests for payment resulted in the account being terminated. On ../../2010 all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd. The defendant was duly notified in writing of the assignment and that a balance of £...../.. Was due. The balance of £...../.. remains owing from the defendant. Signed by a named person for Claimants Solicitor, Aplins. ---------------------------------------------------------------------------------------------------------------- In our possession from earlier CCA request, is an application form (clearly mocked up!), DN which is short of 14 days required, TN letter from MBNA & hello letter from Hillesden confirming the debt has been assigned to them. Both these letters were dated and received before the end of the default notice period to rectify! Have completed AoS online this morning, assume next step is CPR 31.14 request? Although we have successfully defended a CC claim before, the circumstances were slightly different (that one hadn't been assigned or terminated during default period to rectify!)and I know certain things to do with the CCA have changed a little since we did this so would very much appreciate your help and guidance once again please. Thankyou. X
  8. Update: The matter is now with the FOS and we await their adjudication. Meanwhile though, we are still receiving all sorts of threats from Drydensfairfax re. the unpaid vat. Have asked for their patience while the FOS investigate what is, I assume, an unusual and serious case. i.e.misappropriation of funds by the bank.
  9. You make a very valid point Gaston Grimsdyke, but there are two issues really. 1. Do we have enough evidence to prove that a settlement was agreed? 2. If there was no settlement agreed then was the bank entitled to take funds from another account to repay the mortgage on the property? Let's not forget that the only funds in this account was the VAT element on the sale of the property. What would have happened if those funds weren't t there?
  10. Thanks both for your thoughts. Cost of pursuing this is an issue - have we left it too late to refer to FOS. Would it even be worth it? (Just to add, the sum involved is not a few hundred but several thousand! :-/ )
  11. "just hope we're not in for a bumpy ride". Famous last words I'm afraid! So here we are, two & a half years later, no further forward. Just wanted a few opinions as to wether this is worth pursuing. To update: Lloyds refuse to admit any wrong, deny that any agreement had been made and won't remove the charge on our home even though we owe them nothing! After much letter writing we finally took them to court in March last year and obtained an order forcing them to disclose all info they had. In short, they have sworn an affidavit stating they have nothing in writing to prove their stance, but equally, aside from the letter mentioned in posts above and a sworn statement from the person who acted on our behalf to agree the settlement , neither do we. Is that enough? Their solicitors did offer to remove the charge if we agreed not to pursue the case. Rightly or wrongly, we declined and things have been left in limbo since as it was just taking over our lives to the point of illness. We are in two minds over this, part of us wants to just leave it and move on but it continues to invade our lives from time to time and we think if theres a chance we still have a case, why should they be allowed to get away with it! Thanks for reading.
  12. Oh I do so hope we'll be smiling tomorrow!May the Gods be with you Mr Brandon.
  13. Hi all, Advice needed please. Fredrickson's have recently sent copies of agreement and statements. 1. I note the agreement only states the APR which I believe is not sufficient for cash withdrawals as these incur a 1.25% fee, thereby making the APR quoted inaccurate? 2. The D/N arrears amount includes penalty charges and if we had forwarded a chq allowing 8 working days for clearance (as Egg request) we would not have had 14 days to rectify. 3. The account was terminated in June 2010 (whilst in breach of s78 request) and charged off in Nov 2010. My question is, are any of the above 'enough' to challenge the enforceability of this debt or as I suspect, should we begin negotiations for a F&F? Opinions gratefully received.
  14. Hello Pedross, In the grand scheme of things, I'm doing fine thankyou. Sorry, but can't remember exactly where the info re. assigning before expiration of default notice came from - advised on this forum somewhere!! However, have not had any contact concerning this debt since last October when I informed DLC of the situation. x
  15. Hello 'angel no.2', good to hear from you! Yes, that's what I thought - just needed someone to tell me so! xx
  16. Received letter from Dlc yesterday in response to our recent request for information - have no idea what they're talking about!! Anyway, here's the thing, they enclosed spreadsheets of transactions supposedly on OH's account from 2007-2010, whilst the a/c number quoted is OH's, the transactions are most definately not - none of them!! Simple cock-up or something that needs looking into?
  17. Mossycat, Thanks for your response but, with respect, I think you may have missed the point in question. I am fully aware of how the no-claims discount works, infact she has 'protected 'NCD but that is not the issue. She is aggrieved at the scant communication from her insurer's regarding the accident (she has been doing all the chasing) and for them to suddenly, after months of not even being able to contact the other party's insurer's, announce that the case is closed and she has been held at fault without providing any explaination to their decision, no request for witness statements or photographic eveidence etc and now stating they have no record of her calls or letters!
  18. In November 2009, daughter involved in traffic accident. Briefly, was taking exit off roundabout when other party hit her on left side (damage to passenger door area) and pushed her into crash barriers on right hand side of sliproad resulting in further damage to front & driver side bumper. The only damage sustained to other car was on the driver's side, namely broken headlight & dented bumper. Pictures of this were taken at scene. Police were called as other driver became obusive, crime number obtained. Daughter informed insurers and stated other party was at fault. She is fully comp so her car was promptly repaired , having paid £500 excess. Several weeks went by and she telephoned to enquire as to when she could expect the excess to be refunded. Insurers informed her they were having difficulty in contacting other party's insurers. Fast forward to August 2010 when she phoned them to enquire why her insce renewal quotation had increased from last year. She was informed this was partly due to general increase in insce premiums and partly because the accident had been recorded as her fault until they were able to contact other party. She received written conf of the non-contact in September, then in November, she received a letter informing her that they had now made contact with the other party's insurers and the accident would remain recorded as her fault. She subsequently telephoned to query this and said she was not happy so they told her to put this in writing which she did and also enclosed a witness statement - they had not asked for any before. Today, she phoned the insurers again as had heard nothing since November. They say they have no record of her telephone conversations and didn't receive her letter. She has been informed that the case is now closed and the accident remains recorded as her fault. So, does she just have to accept the insurer's decision or is it worth a formal complaint to the Ombudsman? Something just doesn't seem right.
  19. Understood diddy, just felt rather indignant on your behalf. Hope it all works out fine in the end. x
  20. Hello dd - long time no speak! I've only just come across this thread and I cannot tell you how shocked and saddened I am. I can only hope that the person/people concerned get their just desserts. They've picked the wrong person to do battle with! I shall follow events very closely. xx
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