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Unenforceability Cases on hold until further notice


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Yes, Nationwide. It really looks like they're attempting to completely re-write the Consumer Credit Act :eek:

 

No.1 ....copy of a reproduction..... :eek::confused:

 

or perhaps Drydens have refused to process the claims because they might be accused of abusing the system??

 

anyway i replied thus:-

 

Re you Ref XXXXXXX

 

Thank you for your letter of 14th Inst The contents of which are noted.

 

With reference to test cases in the mercantile court, I am unaware that any of these impact upon the core dispute in this case which is that of a clearly defective Credit Agreement and a clearly defective Default Notice and subsequent unlawful rescission.

 

I accept that you may want time to review the case and explore settlement options, and I feel that you have sufficient time to do so without the need of a stay of proceedings

 

I have filed an embarrassed defence until such time as I receive further information on the particulars of claim and as you may not have received the entire file from Drydens I enclose a fresh 31.14 request and copy letters sent to Drydens which are equally applicable to you.

 

In order to assist you in your review of the matter may I make the following comments since these will form part of my defence and counterclaim for unfair rescission and for damages as a result of this and the freeze on my Nationwide Flex Account and the unlawful removal of funds from it

 

I enclose a copy of what was supplied to me by your client in response to a S78 CCA request. You will note the absence of prescribed terms within the signature document (an application form). And the absence of any other terms and conditions to those stated on the form and the absence of a statement of account.

 

It should not be necessary for me to tell you that this document does not even give cause of action and any court would be prevented from enforcing it by virtue of s127(3).

 

Your client made a (binding) statement that this document was a true copy of the original executed agreement . .

 

 

 

 

 

 

 

 

 

- 2 -

 

 

Further I enclose a copy, the actual default notice received .

 

The default notice is deficient in many respects none of which can be regarded as de minimus.

 

 

* Missing important Prescribed Text

 

* Insufficient time to remedy any alleged default

 

* Inclusion of unlawful charges in the amount being sought to remedy the defect

 

 

* Most importantly the default notice does not give me the opportunity to remedy any alleged default and instead seeks to claim the full outstanding balance of the account.

 

The notice in fact, is an unlawful rescission of the alleged agreement (if one existed) compounded by the subsequent confirmation of termination of the account from your client

 

In fact the "default notice" has so many holes in it that the "chap on the clapham omnibus " could pass through it without even getting off the bus!

 

 

Your client clearly does not have a sustainable case and to continue this action would in my view be a gross abuse of the CPR.

 

May I suggest that the correct course of action now would be for your client to withdraw from these proceedings, write off the debt and agree not to pursue the matter or pass the debt on to third parties In return I will stand my own costs to date and agree not to counterclaim.

 

Failing which please comply with my s31.14 request within 7 days from the date of this letter failing which I will make an application for a strike out under s3.4 (2) (a).

 

 

Yours sincerely

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Excellent letter DD :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Utterly spiffing letter DD

 

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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Top drawer Diddy I expect our guests will be wishing they hadn't dropped on by. Just give us the agreements and we'll all know where we stand or ytell us you don't have them...

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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yes and don't think you greasy feckwits will get away with sworn affadavits

 

i won't post the details on here, not in our best interests to give you slimey onlooking "guests" a heads up

 

but suffice to say, there is plenty of case law to defend against these worthless affadavits.

 

you broke the law, now suffer the consequences.

 

simples.

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i meant to say to those that have received the letter that it is very cleverly worded

 

the reason they give for the stay is to review the case and consider settlement

only THEN do they go on to talk about cases in the mercantile court

 

they are very careful NOT to cite the cases under review as the reason for the proposed stay!!

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Three cases ongoing with cmc cap one, mbna and barcleycard, no noise from cap or mbna just the odd phone call . now even though mbna and cap one have court dates default notices arrive and one from mercers on behalf of barcleys all in one week . That ruling may not have changed much but they are certainly getting braver .

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This is what I was concerned about, we've had a chat elsewhere about changing the basic CCA £1 letter template, but site opinion is that the CCA stands :cool:

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That ruling may not have changed much but they are certainly getting braver .

 

Or maybe they are just getting desperate to pull in their debts. Maybe it has nothing to with the judgment & everything to do with diminishing profits on loans & credit cards. :|

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Or maybe they are just getting desperate to pull in their debts. Maybe it has nothing to with the judgment & everything to do with diminishing profits on loans & credit cards. :|

 

its all got to do with fooling and thieveing from the public as per the norm

 

it is up to us and the CMCs out there to educate the public.

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Something else to upset the credit companies -.http://www.consumeractiongroup.co.uk/forum/general-knowledge/227141-important-new-loan-regulations.html

Posting this around to make people aware.

Exchange

 

Weird, link won't work in the normal way.

Seems OK now!

Edited by exchange
Link not appearing correctly-sorted I think.
  • Haha 1

Financial chaos - 6 months unable to work from February 2009 after a major car accident, being paid in Sterling but having to pay bills in Euros with an awful exchange rate, financial turmoil ('THE CRISES') causing my earnings to halve and punitive interest rates from credit card sharks!

Credit Cards

Capital One - £11500 Account terminated, in dispute Last contact 03/10

RBS Mint - £10000 Account terminated, in dispute Last contact 11/10

MBNA - £13000 Ongoing dispute Last contact 12/10

MBNA - £6000 Ongoing dispute Last contact 02/10

M&S - £10000 Terminated twice, in dispute Last contact 07/10

Barclaycard - £3000 Repaying

Lloyds TSB - £3000 Repaying

Bank of Scotland - £9000 Repaying

Loan

MBNA - £20000 Terminated and sold on Last contact 06/10

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it is up to us and the CMCs out there to educate the public.

 

excuse me?? Didn't you say a few messages that you work for one of these companies?

 

Make sure you don't strain anything patting yourself on the back!

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Hi,

 

Is there any chance someone could post a summery of this thread - i have tried to have a read through tohugh 71 pages is a lot lot to plough through! - 2 kids running around not helping either!

 

Many thanks,

 

Yubnub

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Best place to start is to post a summary of your own situation and then depending on what that is start your own thread. It's better to build these things from the ground up.

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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Problem is EiE that the thread has taken on a life of its own. It is almost like the Bear Garden. It could be a good idea if the mods could start a new thread specifically dealing with the Manchester cases.

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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my case is due in County court V mbna in January my defence is I believe the contract to be unenforcalbe and the so called copy of the original contract is unreadable. Should my case be put on hold?
Do you have a thread to look at the guys and guyeses will take a look . What age is the agreement ?
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Problem is EiE that the thread has taken on a life of its own. It is almost like the Bear Garden. It could be a good idea if the mods could start a new thread specifically dealing with the Manchester cases.

 

Wasn't it the Manchester cases that started this thread:confused:

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