dtjim v mbna

[Muffintop]

Nicked this from your thread Sunflower for Dtjim

 

dtjim this is a quote from an experienced cagger I thought you should see it..

 

If you are taken to court and your defence is based on denying the debt and you have made payments then you are on a sticky wicket.

 

If your defence is based on their none production of an executed agreement or default notice then payment isn't an issue and I have always paid token payments to all my creditors except 2 who get more as they hold valid agreements.

 

I have been in court and used the " I am not here as a won't pay but a can't pay" as part of my statement and went on to prove that they hadn't produced an executed agreement and the court couldn't enforce under 127.3 which worked for me on the day, plus another one set aside using the same defence in the AQ directions where the Judge ordered these to be produced they didn't so it was set aside and another one that agreed 11th hour F&F for less than 10% paid over 12 months.

[angel_1]

hey dtjim

 

hope you are okay with the responces - its all about a game of poker

 

who blinks first lol

 

got to hold your nerve and get your facts straigt and lets see what gets put on the table

laters have a fun weekend angel x

[sunflower99]

yes you soon get to realise that those pathetic threatograms get to be a bit of a joke!

[Muffintop]

just a q here, if you agreement earlier than 6 years ie pre 1985 then oft states that sec 78 requires the creditor to.. give the debtor a copy of the executed agreement (if any) (the if any most naturally refers to the exception for agreements older than 1985

 

 

** where does this leave you if its barred as over 6 years old

[dtjim]

thanks for the support angel and sunflower will let you know when get my next barrage of problems with mbna.. not too long i doubt.

does anyone know answer to mf q

[citizenB]

Are you able to scan in the Default Notice minus your personal details. These too have to formatted properly and allow a specific period of time for you to remedy the breach.

 

Unfortunately,unless you are paying the correct amount as shown on your statement then the company can and most likely will default you. Paying a token payment is almost akin to not paying at all.

[dtjim]

I havejust got a strange letter. Titled =

 

Let us help you to repay the money that you have spent

 

Your account is continuing to fall further into arrears. We need you to take ownership and call us regarding this matter so that we can discuss your situation, and help you repay the money that you have spent.

 

For your peace of mind and to fulfil your duty of repaying the money that you have already spent, we trust you will cal us today on 01244 675894

 

We can look to help you by reducing your monthly payment or potentially by suppressing or refunding some of the fees that you have already incurred. We can also provide you with infomation to help you deal with your finances in times of diffculty and we have leaflets available which detail your options.

 

In the meantime you need to maintain your account and make a payment of £258.20 no later than Wednesday 18 March 2009.

 

This is your final chance to co-operate before we insist that you disclose your personal assets and income.

 

My question is, do I have to disclose my financial assets. What do you reckon I should do regarding this letter? thanks to you all.

[citizenB]

noit djtm, only a court can INSIST you reveal your assets. Unfortunately, MBNA still havent got the message. UK laws apply in the UK and MBNA have to abide by them whether they like it or not.

 

If you still havent received a copy of the credit agreement yet then I would suggest giving the following letter a try. This was my response when they advised me it was my last chance to co-operate before they would insist I disclose my personal assets and income:confused:

 

Dear Sir,

 

Account No:

Account in Dispute

 

Your letter dated (whenever) was received (whenever)

 

I repeat my request for a true copy of any signed credit agreement in respect of the above account. This has still not been received, nor a statement advising that you do not have a copy or why.

 

I must advise that any legal action you commence will be most vigorously defefended and I will show a court by all the corrrespondence in my possession your blatant disregard for my rights as a consumer under the Consumer Credit Act 1974.

 

Please conduct all communication regarding this account in writing only. This protects both of us in the event of litigation. It has been proved so often that recollection of telephone conversations that are unrecorded are inevitably misrepresented.

 

Yours, etc.

 

 

In my case, MBNA had sent me a copy of the letter you received in a bright yellow envelope and mailed it 2nd class. I pointed that out in the first sentence to them, thus "Your letter dated XX XXX XXXX, posted 2nd class mail, in a bright yellow envelope was received today" You should always point out breaches of OFT guidlelines, ie harrassment, initimidation, humilitation. That way you have back up evidence of what you were subjected to.

 

HTH