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Unenforceability Cases on hold until further notice


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Wilmington, Delaware... Don't worry my fellow caggers on another thread will get it!:D

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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Manchester Cases

There is going to be a preliminary hearing in the week beginning 30 November to determine several legal principles. 13 cases have been chosen. All other cases are stayed pending hearing. Trial window in March 2010.

 

HHJ Waksman has said that he does not consider himself bound by the McGuff case as he is sitting in the Mercantile court.

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MBNA are trying to enforce an agreement and I have just found out the trial date is just over a month away.

The "agreement" they have sent in response to pre action disclosure is an application forms with my signature on and a completely seperate set of terms and conditions which comply with the CCA( not surprising as they were probably produced last week).

MBNA have actually confirmed in writing that they do not have the original agreement as it was copied electronically and destroyed some years ago.

They maintain however that the original document did contain these terms and conditions on the back and have produced a witness statement from one of their employees confirming their contention is correct.

Surely that can not stand up in court or do I need to get a witness statement from my girlfriend saying the terms and conditions were not on the back?

 

I just hope you are not in the Midlands have a look at my thread

http://www.consumeractiongroup.co.uk/forum/legal-issues/224011-what-day-court-help.html

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humbleman,

 

It's possible hat MBNA are hoping they get a judge like the old duffer you had. I hope you are going to appeal.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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I just hope you are not in the Midlands have a look at my thread

http://www.consumeractiongroup.co.uk/forum/legal-issues/224011-what-day-court-help.html

 

What happened to you is just unbelievable,hope you get a decent judge in your trial.

My trial is in Chester not the midlands but I guess there may be judges like the one you describe any where :eek:

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Manchester Cases

There is going to be a preliminary hearing in the week beginning 30 November to determine several legal principles. 13 cases have been chosen. All other cases are stayed pending hearing. Trial window in March 2010.

 

HHJ Waksman has said that he does not consider himself bound by the McGuff case as he is sitting in the Mercantile court.

News

 

Test cases to impact credit industry

 

Credit Today online

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Let's hope His Honor Judge Waksman leans more towards Judge John Deed than Emperor Nero!

 

Does anyone know the difference between the Admiralty/Commercial Court and the Mercantile Court?

 

It sounds like it is a battle between good and evil!

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I would request that they confirm with proof that the witness was employed by MBNA at the time the app form was scanned and micro-fiched (is that a word?). If they were not employed how do they know it was a true copy? I may be wrong, but doesn't the witness also have to have a certain standing/position for it to be reliable (not just the tea boy)? If you were with your girlfriend at the time you allegedly signed then why not:), must surely carry as much weight as the tea boys! (I dont mean the girlfriend carrying the weight :D).

 

i wouldnt mention it to them at all - until i was in court !!

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Hi All, I have just read the Daily Mail,and in their Money mail section page 48 and its haedline says "JUDGE CLOSES CYNICAL DEBT LOOPHOLE" AND IT GOES ON TO STATE THAT THE COMMERCIAL COURTS HAVE COME BACK AND GIVEN A DECISION IN FAVOUR OF THE BANKS.SO NO AGREEMENTS OR UNENFORCEABLE AGREEMENTS DEBTOR AS TO PAY. Sorry but scanner not working.

 

Manc1

MANC 1

 

 

PL.jpg

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haha the title... "Not paying Unenforceable agreements that can me made enforceable will still destroy your credit rating for 6 years" isnt quite as catchy as theirs is it.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Its best to wait for some of the more legal bods to give us their opinions before we start assuming anything.

 

Manc1

Why, is this Mail report not more of the same as we had last week? Is this report based on the RBOS test case which has beend oen to death on here or is this something else?

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It is the worst, most desperate, example of spin and misreporting I have seen on this issue. Does it even cite the case? NO. Does it explain the judgment? Ehm... NO. This is slack p*ss poor reporting and doesn't even meet bare minimum standard acceptable for publication. This "journalist" wouldn't have lasted five minutes where I cut my teeth. It is so general that unless someone can come forward and cite the case this article refers to I am going to continue to operate on the premise that this refers to the McGuffick case. In which case the agreement was enforceable. End of.

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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Sorry guys i hope i am not going over a old story ?. Due to bad health i have not been on the forum for a while ,so might be a tad behind with the latest events.

 

Manc1

No problems, as stated above the article doesn't state what case it was but it is fair to assume it is the McGuffick case. If you want to catch up on this just read the last 20 odd pages! :)

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So does this mean Nationwide will now put a charge on my property?

 

The only way a charge can be entered against your property is if they have taken you to court previously and gotten a CCJ against you.

 

This case is all about reporting to the CRA's for non payment of a debt, that debt WAS uneneforceable when the court case started but only due to an account statement being provided. As soon as that was supplied the debt would have become enforceable.

 

A Debt with a pre april 2007 agreement that does not have the prescribed terms and is therefore irredeemably unenforceable was not looked at.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Hi Manc1

 

It is still the right thing to bring this to the thread's attention.

 

1. It might be a different case.

2. It serves to remind us all that the spin meister's are desperate for anything that will keep the trickle from turning into a tidal wave.

3. The whole slant is appalling and we need to see this stuff in order to counter it.

 

Hope you are recovering well.

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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Please note that this topic has not had any new posts for the last 3988 days.

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If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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