MBNA - (Abbey & Virgin cards) CCA ??

[guzzleguts]

Thanks SS

 

Much appreciated

 

GG

[citizenB]

Hi GG, good luck for today, although I doubt you will need. It seems to me you are well prepared. I cant think of anything else. Give em hell

[guzzleguts]

Thanks CB

[the main man]

All the best for today GG, i hope it goes well

 

Mine is a very similar application form to yours!

[guzzleguts]

Thanks tmm

[Elgrand]

Goodluck GG.

 

Elg

[guzzleguts]

Thanks Elg

 

Will post later.

 

GG

[guzzleguts]

Hi all, claim has been struck out, invalid DN!

 

Their solicitor thinks they will re issue proceedings:confused:

 

I do not understand how as the account has been terminated.

 

But a victory for now.

 

GG

[42man]

Fantastic......how ever do they think they will reissue proceedings !!!?? Are they going to try and issue another default notice ??

[guzzleguts]

Thats what their sol said they will prob issue another DN, can they do that

 

GG

[42man]

They can....but it will be a completely worthless piece of paper as you no longer have an agreement with them, basically a new default notice will be complete fiction.... - you'll like this - http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

[guzzleguts]

But the judge seemed to agree, even when i pointed out that it was terminated

 

 

GG

[citizenB]

Congratulations GG.

 

See the link provided by 42man, but I think the solicitor and the DJ were incorrect in what they say.

 

Have a look at Fairbyblue's thread ...

[car2403]

They can't do anything without having the claim reinstated, first, for which they need permission to start it over again.

 

Even if they issue another Default Notice, they can't bring another claim on the same basis as this one without following this process.

[guzzleguts]

Thanks CB

 

 

GG

[guzzleguts]

Thanks CAR

 

when i mentioned to the judge it was terminated on the back of the invalid DN so how could they re issue, the judge said i couldnt have it both ways if the DN is invalid the agreement was still live, that isnt right is it?

 

GG

[car2403]

Thanks CAR

 

when i mentioned to the judge it was terminated on the back of the invalid DN so how could they re issue, the judge said i couldnt have it both ways if the DN is invalid the agreement was still live, that isnt right is it?

 

GG

 

Well, if the Notice was invalid, they could issue another one as it doesn't have any legal positioning.

 

Was the agreement terminated though? You can argue it's been unlawfully terminated, due to the invalid DN, and can't be terminated again. Well, it can, but you'd have to agree to it - which you won't, right?

[the main man]

Well done GG !!

[guzzleguts]

They said the DN was also the TN, but i have documents that state the account was terminated months before they issued a DN, and they also registered a default with the CRA before issuing a DN. Not sure thats relevant.

 

GG

[42man]

lol they haven't a hope...they didn't terminate correctly in that case.....you could possibly sue them for an unlawful recission of contract !!

[guzzleguts]

Which is what i said to the judge and the judge said i dont think you can do that, you cant have it both ways. So i am a little

 

GG

[car2403]

The Judge would have to wrestle with his conscience if he told you anything else - he probably wasn't happy dismissing the claim, but didn't have a choice, so didn't want to egg you on any more

[creditcardmug]

Just to add my congrats as well, well done!

[guzzleguts]

Thanks CAR And CCM much appreciated.

 

GG

[guzzleguts]

Hi all

 

A new DN arrived today for this terminated account, please could someone advise on a letter including some case law i could send them.

 

The DN looks good apart from the paragraph 8 again.

 

Anyone please

 

Thanks

 

GG