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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
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    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
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MBNA Credit Agreements Received


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Hey all,

 

I recently wrote to my 3 credit card companies: MBNA, Virgin and Egg.

 

Egg have not yet wrote back to me - its been nearly 20 days so I am not sure how to proceed from there.

 

MBNA and Virgin have, and I received the credit card agreements yesterday - would anyone be able to look at them for me, to see if I can unenforce the agreement?

 

I dont mind paying someone to look at this for me - the MBNA agreement was an internet one and there is only tickboxes, no signature. However, the Virgin one, I can vaguely remember doing it - it was a Virgin Credit Card stall at Birmingham Airport and she seems to have ticked things I cannot even remember doing!

 

If someone could look at these for me, or tell me what to look for, then as I said, I dont mind paying someone a bit of money took look at them for me.

 

Many Thanks in advance!

 

 

Vijay x

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Do you have a scanner? Scan them up and someone in the know will be along soon :)

Never argue with an idiot, they'll bring you down to their level and beat you on experience ;)

 

Inca V Crapital One: Low monthly payments accepted - Paid

Inca V HSBC (Charges): WON - Charge reversed.

Inca V Barclaycard/CSL: Complaint sent after CSL illegally took money from my account. Dispute ready to send: Not heard anything since March 2009! Jan 2011 Rc'd letter from new debt collectors saying they have bought the debt. Joy!

Inca's Nan V Saga Card: Utter *****!! Low payments eventually accepted

Inca's Nan V MBNA: Low payments accepted

Inca's sister V Moorcroft: WON. Low payments accepted.

Inca's sister V Thames Credit: Nothing received. Dispute sent 08/01/09: Not heard a dicky bird since March 2009!

 

 

 

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There are people who would gladly take a look at them for you for free. However you will need to scan them and post them on here using something like photobucket.

 

Remember to blank out anything that could identify you first

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Right guys, think I have done it:

 

Covering Letter from MBNA

Edited by sea-sidelady
Post has ben removed due to personal information showing. Please remove all info before reposting.
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I'm afraid both of these agreements would be enforceable. They both have a term with reference to credit limit, a term with reference to interest rate, a term with reference to repayment and your signature - the tick is accepted as an electronic signature. These are the required prescribed terms to enforce running credit agreements. You could send the original creditors SAR letters to find out if there are any charges that can be reclaimed.

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Is that right Pinky? Is the tick acceptable, without being backed up by a physical signature? I'm not disputing the fact, but it seems like a very insecure system as it stands.

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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