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[pompeyfaith]

Hiya all First my appologies to the siteteam concerned as i mean't no offence as i said above i really do reconise the good work you do just i was getting really depressed at optima legals abuse of process. Right now i have recieved today a copy of optima's latest witness statement ill scan and post it up this evening at first glance its nonce ill post my thoughts soon as i can get to my PC as im sending this via my fone Regards

[caro]

Obviously it's a worrying time for you PF, but like PT I had a rough day yesterday and was shattered last night, and you did too. I'm not sure if you realise that the site team aren't paid so just come and help when we can, same as everyone else.

 

Will look at the defence when it's up.

[Night Owl]

Sorry can't help you pompeyfaith.

This is all just as new to me too. My cases havent even got this close yet.

If you don't get advice here for a while phone the court and take their advice.

I really do wish you the best of luck with this. I really do understand how frustrating this all is and how we seem to be abused by the whole process.

Night Owl

[pompeyfaith]

Thank you all that have posted the moral support really is appreciated.

 

Thank You Caro yes I do understand all moderated support is voluntary and I thank you immensely for that.

 

Im not sure if you are aware but i had a stroke a while ago and had to have major brain surgery and as a result of this im left with poor memory high blood pressure plus some physical problems like a drop foot club hand etc.

 

But on the bright side i am usually a happy person who is willing to help anyone particularly in the PPI forum but i do have a problem with all this legal stuff and get quiet frustrated at times specially when the so called legal powers abuse the CPR rules.

 

Anyway enough of that i will now proceed and post up the latest Witness statement from Optima Legal so please bear with me as its a few pages.

 

Regards

 

Pompeyfaith

[pt2537]

Thank you all that have posted the moral support really is appreciated.

 

Thank You Caro yes I do understand all moderated support is voluntary and I thank you immensely for that.

 

Im not sure if you are aware but i had a stroke a while ago and had to have major brain surgery and as a result of this im left with poor memory high blood pressure plus some physical problems like a drop foot club hand etc.

 

But on the bright side i am usually a happy person who is willing to help anyone particularly in the PPI forum but i do have a problem with all this legal stuff and get quiet frustrated at times specially when the so called legal powers abuse the CPR rules.

 

Anyway enough of that i will now proceed and post up the latest Witness statement from Optima Legal so please bear with me as its a few pages.

 

Regards

 

Pompeyfaith

Well

 

Pompey, lets get the documents posted and we can see what we can do to help you out eh?

[pompeyfaith]

Thank You PT they are uploading to photobucket now

[pompeyfaith]

http://i321.photobucket.com/albums/nn363/pompeyfaith/WitnessstatementPage1.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WitnessstatementPage2.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WitnessstatementPage3.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WitnessstatementPage4.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WitnessstatementPage5.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WitnessstatementPage6.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WitnessstatementPage7.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WitnessstatementPage8.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WitnessstatementPage9.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WitnessstatementPage10.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WitnessstatementPage11.jpg

 

Ok thats it there is an exhibit NK3 but it was just another copy of the so called agreement which i have posted on here before.

 

Ill put this up now for you to view then ill put my observations in another post.

 

Regards

 

Pompeyfaith

[pt2537]

Hmm, Interesting

 

so the law according to our optimistic is that, you can sign a contract, then retun the contract to the lender at which point they can then send out a different contract to that which you originally agreed and you are then bound by the contract which you have not seen before

 

YEEEEEEEEEEEEEEEEEEEEEEEEEAH Right

[pompeyfaith]

Ok reading though this in:

 

1.3 it says they did not receive the order until the 30 th Jan 09 1 day late, but they judge spelled it out to them on the 15th in court so i cannot understand the delay there

 

3.1 the exhibit NK 1 is a letter i could not use in court as it states WITHOUT PREJUDICE and still do not believe an organization as big as MBNA could take as long as 5 months to produce the requested docs.

 

3.1 (3.3) Did the court really list a trial for 3 march knowing there was a summary outstanding? rather optima requested the trail now nowing the summary was very flimsy.

 

3.2 this was sent to me late

 

3.4 At no time was i supplied with 3 copies and i have never been given a copy to keep

 

3.5 why have i not been supplied with the terms until now

[pompeyfaith]

Yup PT this is all nonce since when has an agreement been attached to the card carrier.

 

Oh and those terms are the latest ones as i see they have the new £12 fees mentioned which i believe was 2007 the terms a agreed too had the higher fees.

[pompeyfaith]

Also that agreement looks nothing like what i signed

[pompeyfaith]

OH and if you look at that agreement you will notice the PPI is not filled in and i remember requesting this on the application.

 

I even have statements that show PPI being applied

[pt2537]

Well they seem not to want to play with the summary judgment now

 

they want to go to trial , silly beggars

[pompeyfaith]

Yes indeed do i now need to do another summary statement in response to theirs also because they did not comply to my CPR PART 18 until 30th December which i requested on 18th July 08 i have not had the chance to file my full defense

 

Regards

 

Pompeyfaith

[caro]

I'm sure PT will be able to help you much more than me on the legal stuff Pompey, but I'll stay subscribed to your thread in case I may be able to chip in from time to time.

 

I would say though that you need to know if you're looking at summary judgment or a full hearing before you can tell what your next step should be.

 

I'd suggest you write something like:-

 

Dear Sir/Madam

 

Case number xxxxxxx

MBNA v Pompeyfaith

 

I am writing with regard to the above case due to the conflicting information I have received from the court.

 

The notice of (insert date) indicates a decision on summary judgment on (date), while the notice of (date) indicates a full hearing on (date). It would appear that there has been an error, and I would appreciate clarification on how this case is to proceed so that I can prepare accordingly.

 

I look forward to a response at the earliest opportunity.

 

Yours faithfully

 

Pompeyfaith

[angel_1]

hiya PF

 

just re read your thread from start to finish - because a lot of us being referred here but id already subbed it anyway

 

we are having a lot of dn s sent out to us with mbna's a lot of my fellow caggers ive subbed to their threats have received dn 's today or last week

 

thus all claiming due to section 8 oh dear, are you going to be our saviour in all this - we really do hope

 

following now with huge interest, and also to see if the experienced caggers will make of this too, we all would appreciate their insight

 

thanks and still thinking of you and your battles PF take care for now

 

laters angel x

Edited February 9, 2009 by angel_1

[pompeyfaith]

Good Evening Angel,

 

Thanks for popping back to my thread it really is a comfort knowing there are people out their that care.

 

As you would of noticed Optima Legal have now dropped the summary judgment i wonder why.

 

I now have a trial date set for 10:30 on the 3rd march as i see it the clause 8 still stands as the T&C's they have sent in there latest witness statement are not the T&C's i signed too as at the time he charges where a lot higher than the £12 quoted in these T&C's plus i would imagine the judge would want to now why these where not produced before seems they are clutching at straws.

 

There is also the matter of PPI whch i have been charged month on month from the beginning but the box on the agreement is not ticked and signed.

 

Anyway not long now until judgment day and i hope i am the bearer of good news for all MBNA CAGGERS.

 

Regards

 

Pompeyfaith

[AA99]

Subbing:)

3 x D/N's referring to paragraph 8 of their new copies of copies of my CCA's, received from MBNA today

[pompeyfaith]

Is there a clause 8 on the agreement ?

[angel_1]

Good Eve PF and everyoneyou are very welcome and ive dug out my copy of what ive been sent trashy type of cca with supposed presribed terms on the back of the trashy front bit, and attached this was via my SARs request too, terms and conditions which of course are the current ones never from the 2003 yearthus this is why when i got the dn today and your thread matched up via AA99 post it all clicked with me, the terms and conditions are the current ones, i dont believe i ever got the original terms and conditionsi trust that the law and fab defence you have in place will prove you right and that this could be opening door for the rest of us, i mean id be honoured to quote your won case as part of my defence lolhey keep the positive thoughts going, and do take care of yourself, remember once this is over, i hope you have the energy to live your life with peacelaters angel x

hiya again not sure why my posts are reading in a strange way this eveanyway i wanted to first ask if you wouldnt mind if i passed this thread (yours) to others ive befriended here who also have mbna issues, so that they can read your thread and we can learn from each other a bit moreill wait on your reply laters angel x

Edited February 9, 2009 by angel_1

[pompeyfaith]

I have also just been on toxicdebts thread and found something interesting on para 3

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of an agreement, and your company’s current Terms and conditions. I must inform you that this is not sufficient to comply with the request and that your company is now in default under the act.

 

The document that you are obliged to send me is a true copy of the properly executed Agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

The documentation (agreement) sent refers to terms and conditions listed on a separate document. This document (original terms and conditions in force at the time the agreement was drawn up) was not sent. Therefore my request remains outstanding and until I have received the above documentation. Whilst these issues remain unresolved, there is clearly uncertainty and dispute between you and myself and the account will remain in dispute.

This breach of the agreement can be demonstrated as follows;

To satisfy a section 77-79 request, creditors must supply the original terms of the agreement. Section 11(g) SI1983/1557 states even if an agreement has been modified the creditor must supply a document embodying the original terms when requested under s77-79..

 

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

As you have failed to comply with a Statutory Request for a true copy of the said Agreement and other relevant documents mentioned in it, and failed to provide some of the documentation requested, consequentially, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall Counter-Claim that any such action that constitutes unlawful harassment.

 

Please note you may also consider this letter as a Statutory Notice under section 10 of the Data Protection Act 1998 to cease processing any data in relation to this account with immediate effect.

 

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. This includes the following

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

Legal Action

I reserve the right to report your actions to any such regulatory authorities as I see fit, and take such legal action for any of the following infringements of my civil liberties – Court action will be any or all of the following - Harassment, Distress and Trespass and any other unlawful activity that you see fit to engage in.

 

 

I hope this explains why your reply was unacceptable I await a legible True copy of the agreement including all other necessary documentation as specified within the act, and would remind you again that whilst the request has not been complied with the dispute continues.

 

 

[angel_1]

thanks for that PFi will have a look at what letter i sent as my reply,well, my letter which they have not replied to and plus advised them to treat as a complaint and i had wanted a reply within 14 days which has now expiredi think i will have to take a bit from this letter and send another letter just to cover all the basesi also am thinking to report them to FSA because any complaint has to have a written acknowledgement within 5 days of receipt otherwise they have breached the guidelines, well for banks, now need to check if also for credit cards and loans,,etc,,,will update you all and thanks again

sorry my post is all clumped together not sure why when ime doing it in blocks to make it easier to readlaters angel x

[toxicdebt]

Hi Pompyfaith

 

I also had stored this too. Not sure if it helps, its a bit 'Rumpole of the Bailey Mu'lud' so I didnt put it in my letter...

 

The regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso

 

Just thought you might want to read the full monty

 

Toxic

[underdog13]

Hiya Pompeyfaith,

 

just had a good read through of your thread - best of luck with it all:)

[pompeyfaith]

Thanks i did notice you were here for quiet a while:) I will be taking notes at the trial so will update all when i get back.

 

Regards

 

Pompeyfaith