Arrow/evershers CCJ+CO over old MBNA debt

[Cornucopia]

Some of these judges need sacking. Their job is to dispense justice in line with the laws of the land. I agree appeal this. they don't expect you to.

They think they have dealt with you and that will put others off

I was actually told this by a judge who gave me a similarly rough ride. We have a note of his comments which started "If i allow you this I will be inundated..." well let's inundate them.

 

I have a friend who doesn't post much these days but they won against Arrow Global/Eversheds but had to call in a direct access barrister. I'll see if I can get hold of them to come and look at the thread and share their experience.

 

That'll be me! Right, I haven't got time to read the whole thread but I am interested in this issue with the invalid default notice as that is significant. Are we 100% sure the default notice is invalid? I will need to refer to my Barrister's notes on this matter as it has been a long time since my case concluded. It may help with your appeal, which you MUST do!

 

I have a school function to attend shortly, but will come back with the necessary quotes later.

 

Regards,

 

Corn x:)

[Cornucopia]

Thanks Corn, yes the DN was invalid as it did not allow 14 days from date of service and the DJ acknowledged that the DN and the Termination Notice was invalid.

 

Right, if the default notice is invalid, this should be a full defence on its' own and I am very surprised that your DJ thought this was irrelevant, because that is simply not the case under current laws. The creditor can repair the paperwork ie : terminate the current claim, issue a new default notice and termination notice and start a new claim but there are pitfalls in them doing so. This would usually be seen as a complete abuse of process as they should have got it right in the first place.

 

I don't know what your current circumstances are but would certainly recommend you seek legal advice. I retained a Barrister on a public access basis and if it were not for him, I would be in a very different position now.

 

I know you have had a shocking day, but you have three weeks now in which to lodge an appeal and I would certainly concentrate on the invalid default notice as this really is your trump card. I concentrated far too much on the S.78 argument which actually became insignificant after it was revealed that the default notice was invalid (something I actually didn't notice myself despite working on my case for two years!).

 

I wish you luck and will watch the thread with interest.

 

Regards,

 

Corn x:)

[Cornucopia]

Thanks BRW & Rhia

 

It looks like you are both confirming the same thing as corn. They can do what they like but it will not be valid.

 

It also looks like your barrister has confirmed that it can only be terminated once Rhia which is really useful information.

 

In which case, Reggie, with the right advice should be able to appeal the judgement on the basis that the Judge was correct in stating that the default notice was invalid and should therefore have found in favour of the defendant. ( Or whatever the legal version is). Walshy needs to get onto finding out that default notice as I mentioned before the case.

 

Pedross

 

Pedross, apologies for not replying to your original post to me more quickly! It seems that others have posted since and have answered as I would have done!

 

This is the problem isn't it? Most debtors wouldn't have a clue about the intricacies of a default notice or termination notice and would probably just accept the re-issue and not bring that particular point of law to the attention of the presiding Judge. When I attended Rhia's court case, it was shocking to hear the Judge basically say "well we can't have this, we'll be inundated"!!!! So, I do think they often rely on the debtors lack of knowledge to just dispose of a case as quickly as possible and make sure the creditor gets something by way of payment. Thanks to sites like this, the tide is turning. This is why it is SO important for Reggie to appeal because the defective default notice is a screw up by the claimant, they have been caught on the hop by the new regulations and the Judge really ought to know better.

 

I will be very interested to see how this pans out. Good luck Reggie.

 

Regards,

 

Corn x:)

[Cornucopia]

Reggie, do you want the name of my barrister? Please do feel free to contact me if you do. It cost us around £2K for his input but we were dealing with a £16K debt which has, because of his input, now gone. Rhia has the same barrister for her case. Obviously I realise that not everybody has the money to do this and actually under ordinary circumstances we wouldn't have done either, we just happened to be a bit flush at the time because my husband had a lucrative work contract. However, without the barrister's input, we would have hopelessly lost. So, you need to think about it.

 

Also, site helper Car2403, I think you were a bit harsh, if I were a new poster, you would have frightened me off, never to have returned again!

 

Let me know if I can be of further help Reggie.

 

Regards,

 

 

Corn x

Edited July 11, 2009 by Cornucopia
Site helper name escaped me momentarily!