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[underdog13]

Think you've got a fair bit to going on with, PF:D

[miss muppet]

Would it be a good idea to get a transcript/tape recording or whatever its called of the proceedings at court PF? So pleased to see you've bounced back again:-)

[pompeyfaith]

it would indeed MM

[pompeyfaith]

but this time im doing it with representation im sorting that out now

[WelshMam2009]

If there's no CCJ and you stop paying the £20 along the line, am I right in assuming that MBNA would have to start court proceedings all over again?

[AndyOrch]

If there's no CCJ and you stop paying the £20 along the line, am I right in assuming that MBNA would have to start court proceedings all over again?

 

No they would enforce the CCJ because of non payment.

 

 

Regards

 

Andy

[pompeyfaith]

exactly andy and i dont want the risk of missing a payment or them bending the law so i miss a payment and as ive said i cant 4 one min see them keeping to the order 4 26 yrs

[underdog13]

Is a consent order a CCJ - thought they were different things?

[AndyOrch]

Who as signed a consent order ?

 

Andy

[pompeyfaith]

no underdog no judgement was passed a consent order agreed between me there sols and the judge but the judges words were if i did not keep to it they could sue

[underdog13]

Ah, I see - thanks PF:) Legal stuff is all new to me, so doesn't take much to confuse me:D

[AndyOrch]

OOps apologies Leon I wasnt aware you had made the consent.Will have to read slower;)

 

Ok the Consent Order acts as a contract between yourself and the Claimant . If you break the agreement then the Claimant can go back to court to enforce the agreement against you.

 

I trust that clarifies

 

Regards

 

Andy

[underdog13]

Thanks Andy, that has clarified it perfectly:)

[WelshMam2009]

Ok the Consent Order acts as a contract between yourself and the Claimant . If you break the agreement then the Claimant can go back to court to enforce the agreement against you.

 

 

Sorry to keep harping on Andy but I take it by "agreement" you mean the consent order that PF signed as opposed to the original consumer credit agreement?

 

So, if MBNA go back to court (if PF stops paying etc) then they will be looking to enforce the consent order and not the original agreement.

 

Apologies if this is exasperating for you!!

[AndyOrch]

Sorry to keep harping on Andy but I take it by "agreement" you mean the consent order that PF signed as opposed to the original consumer credit agreement?

 

So, if MBNA go back to court (if PF stops paying etc) then they will be looking to enforce the consent order and not the original agreement.

 

Apologies if this is exasperating for you!!

 

Correct WelshMan

 

Regards

 

Andy

[pompeyfaith]

andy in your opinion do u think that mbna will kedp to the order 4 the next 26 yrs also IMO they agreed to such a low amount because of the changed date and clause on the DN

[AndyOrch]

Hi leon

 

Works both ways if they fail to to adhere to the Consent Order you both go back to Court and reinforce the terms again.MBNA will be happy with the £20.00 they know their paperwork is not in order and another day another savvy DJ they may well not have even got £20.00 but the case thrown out.In all honestly leon as i said in my earlier post i would tend not to prod the Bear further and put this matter behind you.

By all means stay active on Cag, you have gained so much expierience on your journey and can pass this on to others who may find themselves in your predicament.

Let them have their £20.00 per month forever and a day but you was the winner, you stopped the CCJ and and their intended Charging Order.

 

Best Regards to you and your Family.

 

Andy:)

[pt2537]

just a quickie but if they play silly beggars then it may give rise to an unfair relationship pursuant to s140a CCA 1974;)

[pompeyfaith]

thanks PT 4 your comments right now they are most welcome as i am torn apart as to how to play this, can u expand on the above TY

[pompeyfaith]

Fraud as tort

 

Fraud, in addition to being a criminal act, is also a type of civil law violation known as a tort. A tort is a civil wrong for which the law provides a remedy. A civil fraud typically involves the act of intentionally making a false representation of a material fact, with the intent to deceive, which is reasonably relied upon by another person to that person's detriment. A "false representation" can take many forms, such as:

 

• A false statement of fact, known to be false at the time it was made;
  
• A statement of fact with no reasonable basis to make that statement;
  
• A promise of future performance made with an intent, at the time the promise was made, not to perform as promised;
  
• A statement of opinion based on a false statement of fact;
  
• A statement of opinion that the maker knows to be false; or
  
• An expression of opinion that is false, made by one claiming or implying to have special knowledge of the subject matter of the opinion. "Special knowledge" in this case means knowledge or information superior to that possessed by the other party, and to which the other party did not have equal access.
  
• An intentional omission or concealment of some material fact done with the design of deceiving another party, and done with the intent that the other party rely on the deception.[1], [2]
  

[pompeyfaith]

A consent decree (also referred to as a consent order) is a judicial decree expressing a voluntary agreement between parties to a suit, especially an agreement by a defendant to cease activities alleged by the government to be illegal in return for an end to the charges. Consent decrees are used most commonly in criminal law and family law, and sometimes in United States antitrust law.

A consent decree can be either interlocutory or final. The former is given on some plea or issue arising in the cause which does not decide the main question; the latter settles the matter in dispute, and a final decree has the same effect as a judgment at law.

Once entered, a consent decree is binding on the consenting parties and cannot be reviewed except on a showing that the consent was obtained by fraud or that the decree was based on mutual error or a failure of consent.

[pompeyfaith]

My trial was Monday gone and I've not had the order though the post yet, anything to worry about or is this the norm ?

 

Regards

 

PF

[fairbyblue]

My trial was Monday gone and I've not had the order though the post yet, anything to worry about or is this the norm ?

 

Regards

 

PF

 

Dont worry I had a hearing on 22/5/09 and only got the order today. Depends on backlog

[pompeyfaith]

Fairbyblue,

 

Okey Dokey thanks

[joemay]

Hi PF, Did you manage to see a solicitor & if so what's their view?