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    • No Andy, I'll scan, redact and upload later today. So the court sent me 2 letters, same envelope and stapled together but with different dates!. 1. N24 General Form of Judgement or Order, stating: UPON considering the papers herein IT IS ORDERED THAT The claim is listed for an attended hearing 25 May....... at which court will consider allocation..  etc   2. N24 Notice of PTR/Adjnd/Restored/Hrg/Management conference TAKE NOTICE that the hearing will take place on 24 May at....... When you should attend 30 minutes has been allowed for the Hearing   No other instructions anywhere in the envelope or on the letters. Do I attend both?
    • Then leave it just proceed with the claim( strike out/SJ application are risky).....the defendant will not be permitted to rely on written evidence (documented) only verbally as they failed to comply with the N157 (unless they have filed with the court and failed to serve you a copy) ?  
    • Ive asked court to strike out for non compliance but they came back and said needs £275 application fee and formal n244  
    • Did the N24 invite either party to submit a statement ?
    • Thanks for responding Andy, that was my understanding when receiving the N24, mild panic when I got Link's WS for the date though! not sure why they would send me theirs..
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CCA received with signature (damn!), should I pay now?


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I'm struggling to pay off monthly amounts of nearly £400 to MBNA on a £15,000 debt so I went down the "stop paying and CCA" route instead of voluntary liquidation (which would affect my livelihood). After several weeks my CCA has arrived with the back terms scanned in and attached. The first sheet is a copy of my original application form stamped by them on 6 Nov 1999. My signature is clearly legible. They have also enclosed the 4 full-page printouts of the new updated terms and conditions (regulated by CCA 1974).

 

What options do I have now? Is the get-out clause now gone?

 

A worried debtor.

MBNA CCA scan.jpg

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Guest liamgee

The image is a little small to read so in order to receive advise on the matter it may be an idea to rescan all the documents received (obviously blot out all personal information) so we can make out the documents.

 

There is far more to unenforceable CCA than just a signed document (and from what I can make out this is just an application form).

Edited by liamgee
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I have attached scans of the each of the pages they sent me, hopefully clearer to read. If anyone can comment on they're enforcability please let me know - just today received the letter they'll be passing it over to the debt collectors.

 

(Just checked the attachments...although saved a decent size they seem to all be too tiny when uploaded on here...any ideas?)

CCA application form.jpg

CCA interest.jpg

CCA letter 1.jpg

CCA letter 2.jpg

CCA terms 1.jpg

Edited by Skypist
jpgs too small
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Hi there,

 

I would say the application form is unenforceable as it does not embody the prescribed terms.

 

Have a look at these links which may help you decide on the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

Consumer Credit Agreements

 

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Looks like an application form to me if it had the prescibed terms on it as well they might even had got a judge to say it is a cca. Send a letter stating they are in default of your S77/78 request.

 

Have a look at your scans I think your address is still visible

 

cds:)

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Looks like an application form to me if it had the prescibed terms on it as well they might even had got a judge to say it is a cca. Send a letter stating they are in default of your S77/78 request.

 

Have a look at your scans I think your address is still visible

 

cds:)

 

Agree with the above also the T&C they have supplied are post June 2006 (£12 default charges) and should be those in place at inception of agreement (1999) to show that they have the right to change the agreement.

 

dpick

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