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[citizenB]

First of all, I will say how sorry I am that you didnt get the result you should have done. Even though you are at the moment content with the outcome, having avoided the CCJ.

 

And just where is this £20 going to go because obviously it cant come off my balance because according to that statement there is no balance.

 

This is getting all the more confusing

 

Now there's a question. I guess they will set up an account to administer this amount.

 

Oh that damm solicitor asked if my dad left a will to which i said pass he only passed away 5 weeks ago. jesus i was stomped with that.

 

No comment:mad:

 

 

Defective Default Notices are underpinning quite a few defences at the moment. This is quite worrying and I think it needs to be answered.

 

At least 2 CAGers have won their cases with the statement showing a nil balance ?

 

Others are going to be using this as part of their defence

 

It is my understanding that to proceed to litigation, certain procedures have to be followed:

 

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Enforcement, Default and Termination Notices)

Regulations 1983 (SI 1983/1561)/SCHEDULE 2 Form of Default Notice before a Creditor or Owner Can Become Entitled,

by Reason of Any Breach by the Debtor or Hirer of a Regulated Agreeement, to Terminate the Agreement, Demand Earlier

Payment of any Sum, Recover Possession of any Goods or Land, Treat any Right Conferred on the Debtor or Hirer by the

Agreement as Terminated, Restricted or Deferred or Enforce any Security

SCHEDULE 2

FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE

DEBTOR OR HIRER OF A REGULATED AGREEEMENT, TO TERMINATE THE AGREEMENT, DEMAND EARLIER PAYMENT OF ANY

SUM, RECOVER POSSESSION OF ANY GOODS OR LAND, TREAT ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE

AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED OR ENFORCE ANY SECURITY

It would seem that MBNA very rarely issue a Termination Notice as such. If they issue a Formal Demand for the whole amount after issuing a Dodgy DN or not issuing one at all then they have not followed the procedure?

 

According to X20 and others , issuing a court claim amounts to termination. In which case, an effective DN cant be re issued ?

 

Learning from PF's experience, how are those with court cases looming going to deal with Default notices that are evidently not worth the paper they are written on and a DJ saying that statements and a precontractural application form and current T&Cs with NO signatures are suffcient evidence for a decision to be made in favour of the Claimant ?

[citizenB]

while i am happy with the outcome there is still niggle in my back that justice was not forthcoming due to abuse of process, contempt, fraudulent docs,a pack of lies on most of there statements and a judge that made a ruling with no updated trial bundle in front of him so to that end i will lay low 4 a while on this one and do some research and digging and if not 4 me for the good of all you PF

 

Once you have got your life back on an even keel again and you have the time it might be worth collating all your paperwork and revisiting the whole situation.

[citizenB]

Has anyone ever asked a Judge, who enforces a debt on "moral" grounds based on statements / cards etc rather than CCA / termination / default etc, their legal basis for the ruling?

 

Obviously you'd need to put a good spin on it...."I'm somewhat confused your honour. I'm just an ordinary person who put in a lot of time to fully research this matter and thought I knew my facts. Obviously I don't, so if you could provide some clarification as to the legal basis for your ruling I would be extremely grateful, if only for my peace of mind".

 

Or is doing something like that going to get you held in contempt?

 

IMHO, the DJ is there to make a decision based on law. If any part of it is based on personal prejudice or moral judgement then that should be grounds for an appeal. However, they could be expensive if a Barrister is required.

[citizenB]

oh sorry i not been on until now but something unexpected came up we got another little fella in the family born 2.5 mths early weighing 2.7llbs

 

he is fine although gutty lol will be a while before he comes home though he is a fighter as u can guess my wife wanted to go shopping 4 him so thats where we have been all day

 

Crikey, that is a bit early PF.. hope all is well with the little fellow.

 

Did you manage to find anything that would fit ?

[citizenB]

No citizen we did not smallest we could find was for size tiny baby and even that was too big he really is so dainty but we did manage to find some nappies small enough.

 

He need to grow to 4lb before the first size will fit him.

 

We are told though by the nursing team he is doing well and at the rate he is taking milk though the tube it will not be lomg before he reaches 4lb

 

It is times like this you realize the good work the NHS does and if he was born in an underdeveloped country he would not survive.

 

I was truly bold over today at the lengths the NHS go to and the technology they have at there disposal.

 

Yes, this is when the NHS comes into its own. You will have to look round the dolls shops for clothes:) That is good he is taking milk ok.. he will catch up very quickly, I'm sure.

 

oh right well im sure the sra would be interested in that. am i right in that i have to submit any complaint via the LCS

 

Yes, PF..

 

Here is the address for LCS

 

 

Legal Complaints Service

Victoria Court

8 Dormer Place

Leamington Spa

Warwickshire

CV32 5AE

[citizenB]

PF

 

Could you please point me in the right direction to the CCA.

 

I like to have a look at it again i may have somthing to look at.

 

 

regards

 

lilly

 

Lily, you will find all the statutes in

 

the CAG library

 

HTH

[citizenB]

PF, why was the stay imposed and what is this £20.00 for ?

[citizenB]

thanks for the update, PF. Hope all is well otherwise

[citizenB]

anyone know the address to use for the one and only dianne powell at MBNA as i need to send her a WS and call her to court PF

 

I imagine that sending it to the Registered office will find her, PF

 

For one moment, I thought you might be wanting to send her a christmas card

[citizenB]

Because some unscrupulous people have sought to take advantage and cash in on a loophole in the law and used it in a way that was never intended, like CMCs and the Rankines.

 

That's what I think anyway.

 

Unfortunately it's been those in need of the protection of the law who have fallen foul in courts.

 

 

Agreed, it is those mentioned above who have created an image that everyone has now been tarred with.

 

 

 

Going back to PF's thread

 

PF, have you put your complaint to the SRA:)

[citizenB]

No advice from me either, PF..

 

Pleased to hear you are well rested and back with a vengeance though