Help

[underdog13]

You're welcome - will be keeping everything crossed for you:)

[pompeyfaith]

well i have a good case legally so i can only hope the judge sees that too if he does ill be straight in the pub after 4 a well earned pint as that will be 2/3 of my debt gone

[LampLighter]

Good luck, sir!

More power to your elbow, I say!

Kind regards,

L.

[pompeyfaith]

UPDATE

 

Well i thought all the paperwork was done with and that i could now relax a bit until the 3rd March.

 

Today i received another Witness Statement in the post this one was by MBNA as opposed to Optima Legal and it contradicts the one optima submitted on the 3rd February 09.

 

In MBNA's Statement they say the Pre-Contractual Application is the agreement Optima say that the terms and conditions is the agreement that was attached to the card carrier with no signatures.

 

Hell im totally confused seems they are both on different wave lengths

 

MBNA's Witness statement is dated the 19th February 09 I sent mine is dated the 22nd February 09 and i hand delivered it to court on the 23rd February 09

 

What do i do now send another witness statement bearing in mind i only have until 3rd march which is trial date.

 

Or do i leave it and hope the judge will spot there mistakes.

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/Witness%20Statement%20For%20Trial/DPOWELLWSP1-1.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/Witness%20Statement%20For%20Trial/DPOWELLWSP2.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/Witness%20Statement%20For%20Trial/DPOWELLWSP3.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/Witness%20Statement%20For%20Trial/DPOWELLWSP4.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/Witness%20Statement%20For%20Trial/DPOWELLWSP5.jpg

 

Regards

 

Pompeyfaith

[pompeyfaith]

Something else Ive noticed going though the statements they charged to the account Issue Fee £190 and Fixed Costs £100 so why are they claiming these on the statement ?

 

Regards

 

Pompeyfaith

[pompeyfaith]

Blimey there are statements here that are not mine wrong card number

[pinknico]

Oh dear, now thats a whole new kettle of fish PF.x

[pompeyfaith]

indeed i can see the poor judge getting totally confused lol

[WelshMam2009]

Any contradiction between Optima and MBNA should go in your favour PF. If they're not singing from the same hymn sheet then how on earth is the customer supposed to know where they stand!!

 

Personally, I think you should prepare by highlighting any contradictions in readiness for next week. It is probably a bit late in the day to submit another statement and you don't want to get on the Judge's bad side.

 

Good luck!!

[pompeyfaith]

OK WM ill do that I must admit when i read MBNA's statement today i had a chuckle

 

Thank You

 

PF

[WelshMam2009]

Yep, essentially MBNA's case rests on the Rankine judgement and you need to be prepared to argue that this judgement was flawed and that better case law exists.

 

You could also ask for MBNA to produce the original credit agreement in court and see what happens!

[e28bigalbexley]

Hi Pompey

Hope you are well and ready to give this bunch a bashing.

i see you say MNBA have now sent you a W/S on top of the one from the other jokers. But at least they call themselves a Sophisticated Financial Institution whos systems and programmes have long since been well geared to the mechanics of the Consumer Credit Act 1974. Bet they never read this.....

Why are agreements unenforceable?

 

The man who wrote the Consumer Credit Act 1974 explains all;

 

As the draftsman of the Consumer Credit Act 1974 I would like to thank Dr Richard Lawson

for his interesting and well-argued article (30 August 2003) on Wilson v First County Trust

Ltd [2003] UKHL 40, [2003] 4 All ER 97.

Dr Lawson may be interested to know that I included the provision in question (section

127(3)) entirely on my own initiative. It seemed right to me that if the creditor company

couldn’t be bothered to ensure that all the prescribed particulars were accurately included in

the credit agreement it deserved to find it unenforceable, and that the court should not have

power to relieve it from this penalty. Nobody queried this, and it went through Parliament

without debate. I’m glad the House of Lords has now vindicated my reasoning and confirmed

that nobody’s human rights were infringed.

167 Justice of the Peace (2003) 773.

 

Go socket to em Pomps

[pompeyfaith]

Thank You Bexley Oh yes that statement i got today just makes me want to fight this harder and i laugh every time they make there hole bigger all i can say is carry on digging MBNA/OPTIMA.

 

Regards

 

Pompeyfaith

[pompeyfaith]

Wm,

 

i intend to ask that in fact im preparing a list of questions right now.

[WelshMam2009]

Great PF...after reading their new statement last night I would be inclined to ensure that you emphasise that you are challenging the enforceability of the agreement under English Law.

 

MBNA are saying that you spent the money (which naturally you shouldn't deny) and hence, they have every right to make you pay it back....WRONG!!

 

Bexley's quote is great and serves to prove and clarify the intention behind the drafting of the CCA. With the resources available to them, 'highly sophisticated financial institutions' (cough, cough!!) should surely be capable of drafting enforceable agreements. If not, then it is clear that the Act intended that the courts should not be able to relieve them of the penalty of non enforceability.

 

Good luck!!

[WelshMam2009]

Got this quote from another thread which refers to Wilson...

 

.Sir Andrew Morritt, Vice Chancellor in Wilson v First County Trust Ltd [2001] EWCA Civ 633 said at para 26 that in the case of an unenforceable agreement:-

 

“The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid;”

 

If the moral issue about repayment raises it's head then ensure that you argue that it is the law which falls under the court's jurisdiction and not issues of morality.

 

If necessary, you could also question MBNA's morality in general terms of levying charges far in excess of their actual costs; failing to agree to debt management plans (even when provided with evidence of income/expenditure); obtaining CCJ's for immediate payment (clearly beyond the means of the individuals concerned); levying charges on properties and forcing sales, even though debts were unsecured, thus evicting families from their homes.

Edited February 26, 2009 by WelshMam2009
Added last paragraph gleaned from another thread.

[pompeyfaith]

wow thanks WM im gona go thought my thread on sunday and put all the above into a word.doc and take with me on tuesday list and it all in order so in armed

[lexis200]

I wonder if it would help to put the quote from the chap who wrote the CCA in letters? I particularly like the 'couldn't be bothered' bit - it makes me smile every time I read it as it's so apt.

 

Probably wouldn't help, but it would certainly make me feel better:D

[pompeyfaith]

LEXIS,

 

I wonder if it would help to put the quote from the chap who wrote the CCA in letters?

You have got me stumped there can you enlighten me more sorry im brain dead tonite.

 

 

Ah gottca lexis sorry you where quoting from bexleys post. Yes im gona add that

 

Also i dont want to get ahead of myself here but should i go prepared with my costs if so can someone give me some pointers on that and what i should be claiming.

 

Thanks

 

PF

Edited February 26, 2009 by pompeyfaith

[tiokim]

that is a good link about costs

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/150028-arrow-global-receivables-copes-5.html

[pompeyfaith]

Thanks tiokim ill take a look now

 

PF

[Von Greenbach]

Hi PP

 

I've sent you a PM

[pompeyfaith]

Thanks VG,

 

Anyone know should i get this into court now, or take it with me on Tuesday ?

 

PF

[Von Greenbach]

You could send it by SD they'll have by Monday.

[e28bigalbexley]

Hi pompey

Your cost i believe need to be in to the court at least 24 hrs before, put your case number and your name on it. You can fax them in if you have access to a fax machine.

 

Dont forget the The Consumer Credit Act was drafted to protect consumers, not Sophisticated Financial Institutions (as they like to call themselves) I could think of several titles i could apply to SFI's.

 

Al