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    • have you informed the bank ever by email/letter of your correct and current address? you can always ignore anyone else accept the bank,  Block and bounce back all emails. Block any text messages  Ignore any letters unless it's: - a Statutory Demand - a Letter Of Claim - a Court Claimform via Northants bulk.
    • a CCJ does not 'expire' thus does not need any application to a court to 'extend it'. if a CCJ has not been enforced within 6yrs, then it is very unlikely any court would grant such should the claimant return to court, of which the defendant would be advised -( unless they have moved and not informed the court & the claimant such) .  
    • I contacted them when it happened. The caretaker came over, looked at it, and walked off with the tree chunks of mortar. Next morning, they had a roofer come over and enter our garden to inspect it. Friday they were supposed to speak with a scaffolding company. I had to bring up liability and potentially calling the council to report 'an unsafe structure' before they even got moving. They know all about the wedding, the preparations, our patio contractors etc. but their attitude doesn't instill me with confidence. My fear is it will end up being a legal matter which is why I posted here to hopefully receive some advice. As far as I can see, the roof is in a state of disrepair, even if it's just the mortar breaking lose due to the size and weight of the chunks - and even from ground level it's visibly clear that multiple pieces have fallen over time (though never this size so we haven't been able to identify the issue till now - we thought it was rubble left in the garden by the previous owner). Currently, we can't use 25% of our garden due to the risk of more falling mortar which is more than just an inconvenience, we can't proceed with our contractors, and at worst, it will run up in several thousand of extra expenses for us, if we have to find a wedding venue. Even if they do have it fixed in time, and we have to settle for renting a marquee and floor for the marquee and furniture and whatnot it will be additional costs only due to the neighbour's roof.
    • It will be years before Banks would sell to a debt buyer.  Sometimes Banks will use external debt collectors to try to collect, but generally Banks don't take Court action.  So you could be looking at 3 to 6 years, before any dca owning debt looks to take any Court action. And it is not definite that this would happen. So no need to feel pressured at this stage. In the event you found yourself unemployed, you have time to engage with Banks to advise of your situation and ask for time to deal with the situation, find new employment. As long as you inform the Banks they will offer assistance they can. E.g offer payment holiday or accept reduced payment for period. What you should not do, is not contact the Banks and simply default on payments. 
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MBNA - At it again


cashins
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Certainly I agree that the judgement was ''specific'' but unfortunately the judge did not say so, hence the now routine ''misuse '' of said ''case law'' by DCAs.

I'm seeing numbers of recons now that are being supplied with various caveats such as, ''this is a reconstuction of the agreement that you would have signed when the account was opened'', follwed by ''How ever some data may not be identical to that on the original agreement''.

''The document fulfills our obligation under sections 77/78 of CCA 1974''.

 

This I have notyest seen argued in court, but I think put forefully before a judge it would be found wanting.

 

 

I think the most important part of the Harrison Judgment was more that their attempts to reconstruct were woefully inadequate and they tried to put right what was wrong. This was proved when Harrison found his copy.

 

I agree that each case turns on it's own evidence and whilst Harrison can be very useful. Each person needs to ensure that their situation is identical else they are heading for a fall.. big time.

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Emm agree to much reliance is made by both debtors and creditors/DCAs on the case law as it stand each individual case warrants the closest scrutiny.

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  • 1 month later...
There was a Judgment handed down some years ago (I wish I could find it, I think it would be very useful) where the Judge permitted "reconstruction" because of a fire or flood that had destroyed 100's of agreements.

 

The Bank said they could reconstruct the agreements from data they held at another location. The Judge agreed that in circumstances such as that, it would be unreasonable not to allow the reconstruction. BUT, they had to be "truthful" reconstructions.

 

My argument here is that this was an exceptional case and should not be used by banks/creditors who suddenly decided to routinely destroy data without keeping the relevant data should it be required. Nor should it be used by banks/creditors who suddenly realised that their agreements did not meet the criteria for the Consumer credit Act.

 

HSBC made the mistake back in the 1990s to issue credit cards alongside Debit cards. NO agreements were ever signed. Yet they have tried on several occasions to "reconstruct" them.. hardly truthful IMHO.

 

CB, have you any links to the HSBC stuff threads etcs please? I am in the same situation and currently acc resides with DG Sols.

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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Yes I remember that case, there is also the more recent case law which stated more or less the same, and laid out what a recon must contain to be acceptable, the 'hinge' here is that recons are being issued to 'satisfy' sections 77/78 Requests under CCA 1974 the admissibility of these recons as evidence that a liability subsists will lay with a judge to decide.

 

With default notices these are considered 'generic' and are not usually stored as hard or electronic copies, an entry is placed on the individuals account record stating that a DN was sent on a particular date.

I have a load of data from SARs most explain when a DN has been specifically requested in the SAR that

hard copies do not exists but confirm a DN was sent on a specific date.

Edited by BRIGADIER2JCS

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Cashins, can I just ask when was the DN sent - don't forget that in the old days the period on a DN was 7 and not 14 days

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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  • 3 months later...

Finally got the SAR back and waded through it - didn't really tell me anything new.

 

Original question: can I get a default removed if the notice was invalid, (this one did not have 14 days when allowing for postage), it's currently 5 years old.

 

I have seen cases on here where a debt has wound up in court and the judge has allowed a new default to be issued. Could MBNA simply issue a new default?

 

David

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Finally got the SAR back and waded through it - didn't really tell me anything new.

 

Original question: can I get a default removed if the notice was invalid, (this one did not have 14 days when allowing for postage), it's currently 5 years old.

 

I have seen cases on here where a debt has wound up in court and the judge has allowed a new default to be issued. Could MBNA simply issue a new default?

 

David

 

A defective DN challenged late will NOT result in the default being removed, creditors do not routinely archive DNs a note is made on the debtors file that a DN was sent on a specific date, a new DN can be issued at any time!

 

Yes a judge will in most case allow reissued DNs.

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A defective DN challenged late will NOT result in the default being removed, creditors do not routinely archive DNs a note is made on the debtors file that a DN was sent on a specific date, a new DN can be issued at any time!

 

Yes a judge will in most case allow reissued DNs.

 

Waited so long for the SAR that I had forgotten my original train of thought on this.

 

The account was sold some time ago to GlobalArrow. Could MBNA issue another default on an account they no longer own?

 

David

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No one can change the original default date, or add a new default on any account already defaulted.

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by the time you've argued this through a court case

it will be gone of its own accord.

 

UK mail with a S on it , is classed as 2nd class - 5 days in their system, 4 days in the royal mail = 9 days.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Waited so long for the SAR that I had forgotten my original train of thought on this.

 

The account was sold some time ago to GlobalArrow. Could MBNA issue another default on an account they no longer own?

 

David

 

No they cant and I would think as there is no cause of action with Arrow global they wouldn't be able to either.

 

If you are worried about the start default date on your CR files changing - this can never happen. Despite the status of the Default Notice, the Default Date is not affected.

 

IMHO, you will not get the "default" removed from your files as this WAS applied correctly because you defaulted on payments and will drop off automatically on the 6th anniversary.

 

HTH

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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A compliant DN being issued would be the most likely outcome of court action most judged will allow this.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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If the agreement has been terminated, then it is no longer possible to rectify any defects. The provisions of 78, s87 & s88, are for application to live accounts only.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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