Help

[pompeyfaith]

Sorry if im being thick here ive got a headache

[AndyOrch]

CAN I CLAIM INTEREST

ON DAMAGES?

You may be able to claim interest on any

damages awarded from the date the claim

arose to the date the damages are paid but

you will need to say clearly in the particulars

of claim if you want to include a claim for

interest.

 

So where do i stand there as i did not issue the poc they did ?

But you did issue a counter claim didnt you?

 

Andy

[pompeyfaith]

sure andy dont let me stop you there a footy fan myself

[pompeyfaith]

Yup i did

[AndyOrch]

You did a Part 20 CC if memory serves me right which contained a claim for miss sold PPI did you not request damages within that claim limited to 5K? I cant recall without wading through your thread.

 

Regards

 

Andy

[citizenB]

Just a few points

 

The bit in red doesnt read quite right to me... Have restructured in blue

 

 

11. To date the claimant has failed to provide a true copy of the credit agreement. All that has been provided to the defendant is a copy of a precontractural application form that was taken from a Portsmouth FC match day brochure. This you can clearly see as it shows a scissor symbol at the top left hand corner. Furthermore, I fail to see how the Rankine case in their Witness Statement where it states that the Defendant was supplied with 3 copies of the agreement. If this had been so, there would have been no requirement for the form to be cut.

Furthermore, I fail to understand the reference to the Rankine case in their Witness statement where it states that the Defendant was supplied with 3 copies of the agreement. If this had been so, there would have been no requirement for the form to be cut.

15. The proof this was paid is on the copies of statements in the court bundle submitted to court

26. On 16thth April 2008 I received a letter from MBNA Europe Bank LTD. The letter was headed Default Notice served under section 87(1) Consumer Credit act 1974. The letter cannot be a valid default notice as it fails to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) in particular schedule 2(2) points 1-11 which set out the statutory form that a Default Notice must follow for it to comply with S87 (1) Consumer Credit Act 1974. (A copy of the Original true default notice is attached to this defence marked Exhibit “LFC 1”

**********************************************************

The Copy produced in court has had the date changed to the 1st May 2008 so as to make the court believe it was compliant.

The above paragraph, might read better....

The Copy produced in court has had the date altered to the 1st of May 2008 in order to persuade the court it was compliant.

31. While I can see them making an error one or the other I fail to see how they can make two mistakes on a legal document and if they where genuinely unsure about their data it should have been stated this is not something they can make a best guess at as it has serious consequences. Furthermore if they did not keep an accurate copy of the default notice and had to make a guess they would have contravened the DATA PROTECTION ACT 1998 in not keeping important documents relating to the account holder for the required amount of time.

Hmm, perhaps you should reword the above. I am not sure that acknowledging they can make even one error on an important document is a good idea ?

Nice one Pompey

[citizenB]

thank you atowzee

[pompeyfaith]

Thank You Citizen all amend you just got that in time as i was about to print and send

[AndyOrch]

You did a Part 20 CC if memory serves me right which contained a claim for miss sold PPI did you not request damages within that claim limited to 5K? I cant recall without wading through your thread.

 

Regards

 

Andy

 

leon ,well did you?

[pompeyfaith]

oh should i inculed the case laws with this or will the snippets ive put in the defence do ?

[citizenB]

ah, sorry I dont know the answer to that question.

[pompeyfaith]

no worries citizen ive included them anyway make it as easy as possible 4 the judge all done now just have to wait now 4 optima's response

[citizenB]

no worries citizen ive included them anyway make it as easy as possible 4 the judge all done now just have to wait now 4 optima's response

 

Makes sense to me.

[pompeyfaith]

Thank You Citizen 4 your help PF

[pompeyfaith]

Good idea white 2 sugars lol

[pompeyfaith]

Hiya All

 

Right im trying to find out exactly what is termination as ive searched the internet and cant find anything relevant.

 

Im preparing to beef up the witness statement which has to be in by the 31st March 2009

 

The balance of my account was charged off i know this because i have a zero balance statement the moneys were put on another account number i have a statement with this number on

 

Is this termination ? and if so should i have got a letter imforming me of this.

 

If it is not termination what was the point in putting balance on another account number?

 

Regards

 

PF

[citizenB]

You would normally receive a termination letter after a Default Notice has been issued. It would usually say within the default notice that this is their intention. It would come as a separate notification though I would think.

[citizenB]

PF, I dont see that you have replied to andy's question in the following post. I dont know whether it is important ?

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2033946.html

[pompeyfaith]

Yes citizen i did

[Von Greenbach]

PF did they close the account or terminate it as they're 2 different issues.

[pompeyfaith]

Yes says on the original and the doctored copy and i quote:-

 

On or after the date shown, the agreement will be terminated and we will take court proceedings to recover the whole amount owed by you to us. Further statements may not be issued.

 

So going by that statement they have terminated but ive not recieved any termination letter.

 

Regards

 

PF

[Von Greenbach]

My understanding, if they've claimed the whole amount on the POC, then this confirms the account has been terminated.

[pompeyfaith]

Fantastic Thank You Von something else to hit them with

 

PF

[citizenB]

Yes citizen i did

 

Good show, the thread was moving a bit fast around that point and I was worried you might have missed it.

[Von Greenbach]

Fantastic Thank You Von something else to hit them with

 

PF

The amount on the POC will confirm whether they've terminated or not, they can't claim the whole amount on an "active" account.