Backdoor Carter CCJ re MBNA debt - Mymaterob - challenged carter - they said stop paying!!

[phatram]

Hello

 

Thanks, I have just sent an E-Mail as suggested.

 

Mr P

[phatram]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/113162-mymaterob-mbna.html

So, Carters know nothing and MBNA know nothing, where do we go from here?

This one could be fun !

[phatram]

[phatram]

The question is do we SAR Wescott or Carters?

[The GodMother]

I am guessing carters as it does say name and address for payments.

[phatram]

Thanks GM.

SAR posted recorded del.

[The GodMother]

kk it was only a guess tho.

 

Rite thanks to my bro AND PT2537 i have learnt a couple of new things just recently.

 

Now in the POC you will notice that they have only claimed for part of the case.

 

Now this is against the county courts act 1984 section 35.

 

If u want to know more then please read this thread.

 

Bryan Carter Says No **WON THEY GAVE UP** from PT first post which is number 25.

 

Now as u know i am not an expert but i think you can appeal the court order based on this but please dont quote me. You may need to ask tomterm/pt for further advise.

[phatram]

kk it was only a guess tho.

 

Rite thanks to my bro AND PT2537 i have learnt a couple of new things just recently.

 

Now in the POC you will notice that they have only claimed for part of the case.

 

Now this is against the county courts act 1984 section 35.

 

If u want to know more then please read this thread.

 

Bryan Carter Says No **WON THEY GAVE UP** from PT first post which is number 25.

 

Now as u know i am not an expert but i think you can appeal the court order based on this but please dont quote me. You may need to ask tomterm/pt for further advise.

 

Bloomin' 'eck missus, thats very interesting reading. So thats why they stopped all action on Robs account then? Along with having no agreement.

We will see what comes back from them concerning the SAR and then take further action !

Many thanks

[The GodMother]

well did they manage to get a ccj at all or any type of order from the courts?

 

I forgot to mention what my brother shew me was the enlage page at the bottom u know the spy glass. Sorry bro.

[phatram]

They did get a ccj.

We've had no contact from Carters concerning the SAR. Their time is up on 26/05/08

[The GodMother]

You can appeal the CCJ based on the evidence before you.

 

Rite from what i can remember you can appeal the CCJ for a number of reasons.

 

A) The lack of a CCA

B) Incorrect default notice amount IE the charges on the account.

C) the fact they are abusing the courty powers and time due to going for there charges and the deafult amount at seperate times. This is against the countys court act as i mentioned previously.

D) If another company tries to obtain a CCJ on this account then they are also breaking rules as you cant have 2 CCJs on the same account.

 

Thanks PT i have learnt a lot from you just recently

[questioning]

OK

[The GodMother]

i think u can still appeal the ccj as u got not papers. Especially as they have admitted in writing they have broken the law.

 

get as much info on the original court case as u can as they will try it on as u have seen. that why you have more to kick there butts with if they do try it on.

[questioning]

ok

[The GodMother]

well then u have everything u need.

 

if he gets funny tell us and we will help u get funny with him.

[questioning]

ok

[The GodMother]

Just done this small check list up of basic documents u will need just in case.

1)a) CCA request letter

b) CCA proof of delivery

c) CCA Reply

d) any other letters you have wrote and they have wrote in relation to the cca.

 

2)a) CPR/SAR request letter*

b) Proof of delivery

c) there reply

d) Any other letters you have wrote and they have wrote in relation the the CPR/SAR request.

 

3) Your defence. Always handy to have in front of you for court.

 

4) Any letters you have wrote to them regarding this debt and letters they have wrote to u regarding this debt.

 

5) The original court documents and anything regarding the court documents the court has given you.

 

6) Any deafult notice or letters from OC regasrding this debt and introducing BC.

 

7) the county courts act section 35. I will look this up for u and send it to u.

[The GodMother]

County Courts Act 1984 (c. 28)

 

Here were are u will need section 35 that is a bit further down the page.

 

If i think of any thing else i will say.

[questioning]

Take a look at my thread if you get chance as this is someone elses. sorry phatram & MMR.

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/138398-bryan-carter-county-court_bad.html

[The GodMother]

A SAR and CPR are the same thing just one u have to pay for the other you dont and if they dont comply with your CPR request you can ask the courts to order they do.

 

Yeah its lovely here today very touristy as it is hot weather.

 

Will look in in a bit.

[questioning]

xx

[phatram]

Hi questioning,

please open your own thread, its not good to hijack someone elses.

[questioning]

Hi questioning,

please open your own thread, its not good to hijack someone elses.

 

 

OK

I was originally only letting you know how I am too ignored by BC,

Then Godmother started posting to me with helpful comments which I answered.

I then apologized to you for replying on your thread and to MMR, I have also directed Godmother to my thread, So all I can do is apologise to you again,

It won't happen again, I'll stop watching your thread from now on so I won't be tempted to post any thing again.

I hope you accept my apologies Phatram.

Sorry again.

[phatram]

Hi

[phatram]

Hi

I wasn't being nasty, just trying to help you.

If you've got a thread concerning Carters please post a link so I can take a look and perhaps help?

Cheers

Mr P