MBNA - (Abbey & Virgin cards) CCA ??

[guzzleguts]

Thanks steven

 

But they had to reply to my defence within 28 days or is trhat different now my app notice went in, sorry for being thick.

 

GG

[steven4064]

Sorry GG

 

I'm not up to speed on this thread now. Give us the sequence of events since you filed your defence

[guzzleguts]

Filed defence on 23rd April, the claimant told me they were going to apply for sumery judgement, i posted such on here and you said i could apply to have their claim struck out which i agreed and submitted on 14th may have not heard anything since.

 

Thanks steven

 

GG

[guzzleguts]

update on this issue, after i filed an application notice to strike out this claim, the judge has ordered a hearing early october for my strike out application and ordered the claimant's to file and serve credit aggreement DN and TN 3 clear days before the hearing.

 

Any advice on what i should be taking with me to this hearing, IE case law in regard to dodgy DN's and credit asgreements. The judge has seen what they have sent me so far because i sent copies with my App notice.

 

So just to reiterate they have sent an invalid DN not enough time to remedy and that ive broken clause 8. the agreement is the tear off type and the rate of interest is missing for my credit limit.

 

Any help would be appreciated on this

 

Thanks

 

GG

[steven4064]

update on this issue, after i filed an application notice to strike out this claim, the judge has ordered a hearing early october for my strike out application and ordered the claimant's to file and serve credit aggreement DN and TN 3 clear days before the hearing.

that is excellent

[guzzleguts]

Hi Steven

 

Would you be able to give me any advice on this hearing, i would imagine Optima will provide the same document's as before, though ive never received a TN.

Would i be able to request the court to order Optima to bring the originals to court?

 

I would be grateful for any advice when you have time Steven.

 

GG

[guzzleguts]

I would appreciate some help on the above.

 

Steven, CCM, or anyone

 

Thanks in advance

 

GG

[guzzleguts]

Bump

[miss muppet]

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/124572-hfc-no-agreement-amended-6.html#post1347693

 

Hi GG, post 103 of robcag's thread is the list of things I also made sure I had a copy of when submitting my 2nd witness statement.

[guzzleguts]

Hi mm

 

Thanks for that, will i need to file anything at court before the hearing. And do i need to do a witness statement to take with me.

 

This hearing is for my n244 for a strike out, i have already filed with my n244 copies of all documents that they rely on apart from the TN that hasnt been sent.

 

Any help on this would be appreciated,

 

GG

[miss muppet]

Not sure GG, thats uncharted territory for me, I know you have a date for the hearing but were there any practice directions with it, altho, come to think of it when Optima Legal made an application for a summary judgement in my case it did come with a witness statement, have a look at all the legal successes, sure you will get the idea from that. Will look in again tomorrow to see how you are getting on.

[guzzleguts]

Thanks MM

 

No directions but im the one who filed the n244 so this is my hearing for a strike out.

 

They threatend me with an SJ but i thought i would get an app notice in before they did.

 

GG

[guzzleguts]

Hopefully someone could give me some advice to my questions in posts 203 and 206.

 

Much appreciated

 

GG

[guzzleguts]

Steven could you comment on my above questions when you get a min.

 

Thanks

 

GG

[citizenB]

GG, I think Steven acknowledged your question in 203.. is it 204 you are wanting advice on.. ie what paperwork you need to take with you ?

 

Did you look at the link that MissMuppet gave you ?, that might answer some of your questions.

 

HTH

[guzzleguts]

Hi CB

 

Yes steven did state thats its excellent news, but i just wanted him to expand a little more on what i am to expect IE. will i have to put my side of the case across do i need to take case law thats relevant to my case to prove my application for a strike out.

 

Yes i did look at the thread that MM posted up, but i think im in a slightly different situation than that thread because i applied for this hearing.

 

So any advice i can get on this type of hearing would be great.

 

Thanks CB

 

GG

[steven4064]

You need to be clear why you think their case has no merit and should be struck out: dodgy DN, no enforceable agreemement(?)

 

You need evidence as to why these matter (case law, elevant bits of CCA and regs)

 

You should have a crib sheet with the argument on it for you to use in court with references to the evidence.

 

Have a go at a crib sheet (basically a shorthand statement of case for you to use) and post it here. It will be agood exercise for you to clarify your understanding and people here can help you polish it.

[guzzleguts]

Sorry crib sheet? could you explain this

 

 

GG

[guzzleguts]

Thanks Steven, got it now, will work on that and post it up.

 

GG

[pompeyfaith]

Hiya Guz,

 

Now re your post 162 there have been further developments with Optima have a read of my thread below from page 65 post 1286 quite informative and it gives you good inside knowledge of the antics at Optima.

 

I have a feeling that they like me will not want to go before a judge and will try there hardest to reach an agreement outside court though a pupil barrister refrain from making any offers and only accept a discontinuance.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/151709-help-65.html

 

PF

[guzzleguts]

Hi PF

 

What about the fact that they have admited the DN is infact a termination notice as well?

 

The court have also reqested that they file and serve a copy of all the doc's, Agreement DN and TN, At least 3 clear days before the hearing.

 

So when they file the TN or admitt that the DN is a TN as well thats game over surely.

 

GG

[pompeyfaith]

Well it will say the account will be terminated if the arrears are paid by xx/xx/xxx date I did not get a TN but true to there word it was terminated

 

PF

[pompeyfaith]

Check and double check all there witness statements etc for errors and hold them to stricked proof that MBNA did compose and sign there documents

[guzzleguts]

I have not received any witness statements, this is my strike out hearing.

 

GG

[supasnooper]

To advance the time allowed for service of documents to a Judge (1st class 2 days after and 2nd class 4 days) ; I would use

 

1. Interpretation Act 1978, Section 7

 

This states:-

 

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post."

 

2. Practice Direction

Service of Documents - First and Second Class Mail.

 

With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

1. Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

2. To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

3. Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

4. This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

 

8th March 1985

J R BICKFORD SMITH Senior Master

Queen's Bench Division

 

 

Use the Comms log to your full advantage by pointing out any MBNA errors, such as termination prior to sending out a Default Notice etc.

 

Unfortunately, MBNA comms logs can be tricky to decipher ....put MBNA's counsel to strict proof as to what they mean.

 

Finally, it may be worth looking at this post regarding MBNA's description of Charging Off accounts - img011.jpg picture by paulbaxter009 - Photobucket