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[citizenB]

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

[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.

[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

[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.

[citizenB]

Could you provide a link to your thread please StayingCalm. People might find it useful to read the full thread to put it into context, and also see how your claim progressed.

 

 

There you go Caro, link to SC's success story

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/145452-stayingcalm-abbey-no-cca.html

[citizenB]

I'm sorry but dont 1.9 and 1.10 go against each another...

 

1.9

"Mbna are a sophisticated financial institution that is fully aware of the CCA"

 

1.10

"nothing more than a clerical error on the part of the claimants computer system"

 

:D:D:D:D

 

Beaten to it again, I thought this was a contradiction. Methinks they are using a quote made by the Judge in the Rankine case

[citizenB]

get this put to bed with the fraudulent DN and agreement they now say is not an agreement

 

So if it is no longer an agreement, what is it PF

[citizenB]

May be send an email (if the court has an email address) attaching your original letter (just in case it did get lost in the post)

 

Mark it urgent and for the attention of the court manager.

 

This is an excellent idea, PF. Alternatively, can you access a fax machine ?

 

Fingers crossed you get through. {{}}

[citizenB]

Do they have faxes in libaries ?

 

I am not sure, perhaps phone and check. Some cyber cafes do I think.

[citizenB]

I agree, this is so unfair PF. Extra stress you really dont need at this time. {{}}

[citizenB]

PF, do you have recorded delivery slips or proof of posting for the letters to Optima ?. At the very least you can then prove you posted them.

[citizenB]

That's good news PF, gives you a little more time to get yourself organised.

 

[citizenB]

Do you all agree I have plenty to go on

 

Regards

 

PF

 

Ummm, yes :grin:

[citizenB]

Bit odd that really isn't it - they'd rather go to court (which in this case means you have bought their shoddy tactics to many people's attention, causing them to say no to MBNA too) and risk you publicly trouncing them, than quietly admit defeat and be able to happily go on to prey on others who are none the wiser.

 

I feel I'd do a better job running these places. I have no business understanding whatsoever, but I do manage to use a modicum of common sense and a reasonable degree of logic in my decisions, which they seem to lack entirely!

 

Lexis, looks like we might need a new Home Secretary or Prime minister.. so no applying for top jobs at MBNA yet, please

[citizenB]

Right today to get this back on track and into perspective i am going to go though everything ive got, the shoddy agreement, the fraudulent DN, all the statements they sent me, all there witness statements etc and all mine, everything then catalog all the errors in preparation for my next witness statement.

 

The statements they have sent me, their are many missing i wonder why perhaps to conseal my ppi payments to make it hard for me to work out what ive paid ?

 

I do i have one though with the balance zeroed and another with a differant number.

 

Time to pull this to pieces

 

Regards

 

PF

 

 

Sound like a good plan there PF. You need those missing statements, they cant say the amount is correct without them.

[citizenB]

PF, that image is really tiny and I cant seem to enlarge it.

[citizenB]

I think you are going to have to ask them to account for those 2 entries. Both on the same day for two different sums.

 

What's this about different account number?

[citizenB]

If there are missing statements - make an application on an N244 for an order that they supply them - explain on the N244 what your personal circumstances are and ask for an order without a hearing

 

This N244, seems to be quite versatile

 

Perhaps if there is anything else missing PF you can pop in one form for the lot

[citizenB]

I'm glad that you've come in on this because I don't really understand, other than if the breach has been remedied, what the circumstances are when you can and cannot issue a second DN

 

Can you clarify it

 

It is my understanding that until and unless the account is terminated the company can issue as many Default notices as it wishes.

 

However, I have also seen posted somewhere that only the first Default Notice would apply as long as there has been no remedy taken in between. I think this is something that needs to be clarified.

 

Once a Termination Notice has been issued then no further Default notices can be issued because you cannot default a terminated account !

[citizenB]

Originally Posted by r&b

 

as a general question then, what constitutes Termination? would the fact that they have sent a stat demand for example mean that they had deemed the acc as terminated?

 

 

I would think this would qualify as termination, yes.

 

 

That seems logical CB...so say, you default in 2006, catch up with payments (remedy) and then say in 2008 start missing payments again and so a second default is issued. Fair enough...

 

But, if you default and don't pay, then that default should stand (in my opinion!!) as it has not been remedied and hence, is still current.

 

yep

[citizenB]

Demanding the full amount or selling the debt on as an absolute assignment.

 

The former could be by way of court proceedings or a letter demanding the full amount I guess.

 

I'm not sure if assigning the debt is the same as termination?

 

I wouldnt have thought so either.

[citizenB]

Those two DN backs that up though as the first relates to clause 3 and as they had no T&C'S that relate to clause 3 they defrauded the DN to show clause 8 and then sent me the latest T&C's that relate to clause 8

 

Does that sound right lol.

 

PF

 

On the new T&C's clause 3 retates to default charges and clause 8 relates to paying your balance and what will happen if you dont.

 

PF

 

So, the first DN showed clause 3 (which doesnt relate to payments) then sent you a further DN that amended the clause and T&cs to back it up. But arent the dates wrong on both anyway ??

 

a) Which set of T&Cs are applicable , it was my understanding the terms and conditions signed up to were those that mattered?

b) Have they provided a notice of change at any stage ?

[citizenB]

I dont know the answer to your quesion, PF. But best wishes for Monday

[citizenB]

With any luck, someone will come up with an answer before Monday:D