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Josie8

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Everything posted by Josie8

  1. Totally agree - its not just isolated incidents - something needs to be done
  2. I assume when you say you made a claim you sent them a Letter before action? If so it sounds like you've received the standard reply. Nothing to worry about. Just go ahead and file the claim 14 days after they received your letter. Look on the bright side they'll have to pay you interest as well now................
  3. Have you thought of CCA'ing them by sending a request together with £1.00 postal order for a copy of the true executed agreement? It appears likely from seeing numerous threads on here that MBNA have a problem providing this information. If they haven't supplied it within 12 days they go into default and then after a further 30 days they commit an offence. While in default they are not allowed tocharge interest/ demand payment etc.
  4. No they have to respond by 21st June because you've made this particular request under CPR rules. The CCA request which gives them 12 working days is the earlier request you made to them (so check those dates too).
  5. Yes stick strictly to your time scale not theirs.............after all they must be getting used to this by now lol!
  6. Think its more a case of he seriously underestimated his opponent here.......................would love to be a fly on the wall this morning in his office lol! Think they are all so used to trampling everybody under their feet because normally the people they are talking down to don't know the first thing about the law etc and they've got away with it for so long that they've become very careless................... The mods are probably all in shock that he's been so foolish!
  7. Yes they can bring it to court with them but then a) they have to explain to judge why they haven't produced it to you and why they are in default (of your original request) and b) the Judge will have to examine the document to see if it is a true executed copy of the original agreement (i.e.both signatures and all prescribed terms etc). if it isn't he will have to throw their case out (& if he didn't it would be won on appeal). So.......they are only days away from winning in court but because they are such nice guys they're going to settle for substantially less??? I don't think so. They know that you will definitely be attending so a) they won't get a win by default b) the first thing you're going to be asking for is the agreement c) the judge will be examining agreement (or lack thereof) and if he isn't satisfied they will lose and your fathers debt will be wiped clean. Think I can see why they are offering you a special deal and yes you have to be very careful because another firm of DCA's could pop up in the future - but not if your dad has won in court. Don't forget if they don't turn up then you will win by default because you will show the judge that you asked for the agreement under CCA act and they are in default of that and also that you asked for disclosure for your defence and they haven't given you that either.
  8. Well I'm sure you will be very effective at it.....................and there's plenty of unhappy bank customers.......
  9. Are MBNA really above the law to this extent .................its unbelievable that the OFT and Trading Standards won't or can't do anything about it- wonder if it could come under malfeasance in public office i.e. they have the powers but won't use them
  10. He could well be looking for a new job in the near future........................ How on earth could he be so stupid!! :D
  11. Bet you were reallllly frightened by that ................................. lol!
  12. So where did the last 2002 statement you received show a zero balance? And where did the opening debit balance on the 2005 statement come from? Well he's confirmed they're true copies so very little wriggle room from now on. Have you found any cheque payments to Barclaycard in that interim period? Anyway Maxine its now "Game on " as they say................ :p
  13. I would send it to him as he is the person who is apparantly responsible for Barclays legal and compliance issues. He's not going to know whats hit him - wish I was a fly on the wall:p
  14. Letter reads well but agree with Mistermind about final sentence as it could indicate a hesitancy............ Hope you really estimated the charges very highly - they wil be lucky that you aren't going to launch a crusade on this but wil settle
  15. Yes its ok. Send it to the Registered Address
  16. I just love it when the big boys get a come uppance............bet he loved the idea of being dragged to the Bar of the court! Sounds like this is going to be a case of great interest and I wish you well:p
  17. Should be very interesting...............................
  18. Congratulations ! And good luck with your next one.................. :p
  19. Send it to Next and fax a copy to their solicitors. Next are the providers of the information not the solicitors. They should already have it in their court file in order to prove you owe the money - so it shouldn't be a case of them having to dig around in old files. As to admitting the debt by using the word account - valid point - so If you feel happier put the word alleged in front i.e. - alleged account-. As to no account number what did you use in your original request to them? If no account number at all then your name address and court claim no will be sufficient for them to identify you. The whole point is that if they can't produce the CCA the court will have to throw their claim out. & by using CPR procedures they can't string it out past the court hearing. Don't panic Good luck
  20. you may well be right & they won't pursue the money obtained by the daughter fraudulently completing application form but you stand the risk that they will then pursue the matter through the criminal courts or alternatively pursue the parents who remain legally responsible for their underage daughters actions. I know parents who
  21. Well they haven't complied so I would write to them refusing to sign anything in settlement untill you receive what they must supply you - otherwise you will see them in court.
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