mortimer clark/court claim/mbna

[postggj]

i realy need an answer to this question

 

when a creditor issue a default notice

when does the clock start tickin if the 2 days for service falls on a saturday

[postggj]

yes the copy is that bad

 

marlin/arrow blew it up in there defence

 

the original is just as bad

[diddydicky]

dont think their statements under interest and charges are correct- no doubt someone more experienced will comment

 

i am not aware that OFT have EVER stated that 12 is a fair charge either

[diddydicky]

assignment

 

so you need to put them to strict proof as to the method and time of delivery of the assignment.

 

they say that the assignment was dated the same day as the DN

 

was this THEIR HELLO to you?

 

where is the GOODBYE from the OC?

 

you are entitled when receiving the HELLo to ask to see the original - did you? if so then that could not have been accomplished before the DN was served.

 

Until you have satisfied yourself that the assignee can give you good discharge you should not need to respond to the DN

[diddydicky]

its all too "pat" to be true but you have a mountain to climb between now and monday

 

an application for adjournment might be one idea

[diddydicky]

As far as Service of the NoA goes - they have to send it registered post or they (usually using a enquiry agent) would have to deliver it to your house - if they haven't AND you have not acknowledged service then the notice is not valid BUT and it is a very big BUT:-

 

There are no requirements as to the precise contents of an NoA - so if they send a letter headed NoA that you don't receive but at some point in the future you get a letter that shows on the heading that there has been an assigment IMO if you respond to that letter then it may well amount to a valid NoA

 

There are other issues surrounding Notices which may invalidate them but in terms of service if they haven't used the procedure laid down in the LPA then UNLESS you have acknowledged the letter/notice - either in writing or by telephone or by paying them - then the NoA is invalid

 

The other thing to remember is that a valid NoA should be served before proceedings are issued - if the NoA is invalid then they would to discontinue BUTthey could serve a proper NoA and start again

 

I don't think that there is a breach of the Data Protection Act basically, unless there is an express term in the contract which prevents/limits assignments, the OC has a right in principle to assign - although there may be an issue depending who they assign to.

 

You are not entited to reasons why they have assigned. You can ask but they don't have to tell you.

 

You are also, as a matter of law, entitled to see the assignment.

[diddydicky]

The other thing to remember is that a valid NoA should be served before proceedings are issued

[diddydicky]

yes the copy is that bad

 

marlin/arrow blew it up in there defence

 

the original is just as bad

 

then they have not complied with s78 of the cca which requires that all documents sent in response to the request MUST be EASILY legible

 

they are therefore still in default and cannot start enforcement proceedings since you(your friend) cannot ascetain what it is he has signed.

[diddydicky]

Thanks For This People

 

What I Need Confirmed Is

 

Can Documents Be Served On A Saturday

 

This Was There Response To The Defence Ref The Default Notice

 

the Civil Procedure Rules Were Ammended On The 1 October 2008 However, Prior To That It Was Accepted That Documents Could Be Deemed Served On A Saturday

 

So If True And Not A Smoke Screen, Whats The Score

 

I Dont Want To End Up With Egg On My Face

 

in view of the time limit i would hit the triangle with this one and get the site team to give some help

 

it is my opinion that CPR rules do not apply to default notices as this is not part of the court process but i could be wrong

[postggj]

just bumping

 

is pt about

[postggj]

do cpr rules apply to the service of default notices as its not part of the court process

[postggj]

bump my last question

[Spamalot]

Hiya just putting my 2 penneth in.

 

Re Default.

 

There is at least one reason for it to be invalid ,and possibly two.

It has stated an arrears amount which includes unlawful charges which renders it void and there is also the good possibilty that the serving of the default did not give the full 14 days for remedy....unless they can prove otherwise.

 

The NOA as Diddy says, should have been served by signed for post of some description in order for it to be served correctly so if it has not been acknowledged by your friend they have to prove it has been sent and also that they have been assigned the 'debt' absolute otherwise they have no right to commence court proceedings.

 

Your friend has to be convinced they own the debt otherwise any old Tom Diddy dicky or Harry could take them to court and say he owes them money.

 

Therefore a request for disclosure of the Deed of assignment should be sought at the court proceedings.

ALSO... although a NOA does not have to have an amount or date stated on it, if it does it MUST be correct. Therefore once again, if there are unlawful charges included in that amount the NOA has been rendered invalid.

The agreement as diddy says is illegible and that is another nail in their coffin.

 

There is plenty there that indicates your friend could have a good defence if he can get hold of the right documents.

 

I have no clue how a summary judgement works .... is it that your friend did not submit a defence in time and therefore they get the judgement by default.?

 

If that is the case, rather than going in unprepared it may be best to let the judgement be granted and then start working on getting it set aside. Get the sars off to OC and alleged new owner and dredge up as much info and ammo as possible to turn it over and get it struck out.

 

Spam.

[postggj]

hi spam

 

they dont like my defence i did for him

they say i am wasting court time

delaying due process

 

its the usual threats all under the heading

 

with out prejudice

 

they thenthrow in a tomlin order secured on his house

 

cretins

[postggj]

just reading another with out prejudice letter from mortimer clark

 

DEFAULT NOTICE

 

THE DEFAULT NOTICE PROVIDED IN OUR LETTER DATED 3 MARCH 2009 IS A COMPUTER GENERATED COPY OF THE ORIGINAL WHICH WAS ORIGINALLY ISSUED ON HEADED PAPER OF ARROW GLOBAL LLC WITH THERE ADDRESS UNDER SEC 15C OF THE TERMS AND CONDITIONS OF THE AGREEMENT, IT STATES THAT MBNA MAY TRANSFER THE RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT.

AS ARROW GLOBAL WERE THE ASSIGNEE OF THE DEBT THEY WERE WITHIN THERE RIGHTS TO ISSUE THE DEFAULT NOTICE ON YOU

 

SO PRODUCE THE DEFAULT NOTICE ON GLOBAL LETTER HEAD THEN

 

COMMENTS

[Spamalot]

Is there any way you can get the proceedings adjourned by requesting they produce the deed of assignment at court to prove ownership?

 

It might give that little bit of extra time to get The SARs sorted and gather more info.

 

As I say, I'm not really informed about this side of court proceedings as I'm attacking from the set aside angle...

 

Can you ask for time while relevent paperwork is produced?... You should at least be able to see the original signed agreement as that thing you've posted is impossible to read and could say anything!

 

Spam.

[Spamalot]

just reading another with out prejudice letter from mortimer clark

 

DEFAULT NOTICE

 

THE DEFAULT NOTICE PROVIDED IN OUR LETTER DATED 3 MARCH 2009 IS A COMPUTER GENERATED COPY OF THE ORIGINAL WHICH WAS ORIGINALLY ISSUED ON HEADED PAPER OF ARROW GLOBAL LLC WITH THERE ADDRESS UNDER SEC 15C OF THE TERMS AND CONDITIONS OF THE AGREEMENT, IT STATES THAT MBNA MAY TRANSFER THE RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT.

AS ARROW GLOBAL WERE THE ASSIGNEE OF THE DEBT THEY WERE WITHIN THERE RIGHTS TO ISSUE THE DEFAULT NOTICE ON YOU

 

SO PRODUCE THE DEFAULT NOTICE ON GLOBAL LETTER HEAD THEN

 

COMMENTS

 

I would still advocate that they need to prove ownership...

 

What is to stop me sending you a letter on headed paper saying I've just bought your debt off MBNA..... you now owe me... how do you know it's not a [problem]!! Did MBNA send a letter saying they sold it?

 

Strict proof of ownership is what is needed here

[pt2537]

 

the only way you can access their records (before court) is to SAR them

 

No

No its not

 

 

thats what pre action discovery is for

[postggj]

Thanks For Dropping In Pt

 

My Problem With This Is He Has A Court Appearence On Monday For A Summary Judgement

 

All Correspondants Are On Plain A4 Paper With No Letter Heads Or Address, Looks Like They Have Just Been Knocked Up To Comply With The Cpr

 

They Prove Nothing

[postggj]

Again, Thats The Point

 

He Has Had No Letter From Mbna Saying The Debt Has Been Assigned , Even Requested Under Cpr, A No Show

[Spamalot]

Again, Thats The Point

 

He Has Had No Letter From Mbna Saying The Debt Has Been Assigned , Even Requested Under Cpr, A No Show

 

If the documents you requested under CPR have not been disclosed then It's up to the judge to order that they are at the hearing...

 

What documents, which you requested under CPR have you not seen yet?

[diddydicky]

No its not

 

 

thats what pre action discovery is for

 

yes but he seems to have left it too late

[postggj]

All The Documents Have Now Been Sent By Mortimer Clark Except The Notice Of Assignment From Mbna To Him

 

All The Other Docs Are On Plain A4 Paper That Are Not On Headed Paper

 

Thats Assignment From Arrow To Him

Default Notice

Termination Notice

 

I Could Do A Better Job On My Pc

[Spamalot]

All The Documents Have Now Been Sent By Mortimer Clark Except The Notice Of Assignment From Mbna To Him

 

All The Other Docs Are On Plain A4 Paper That Are Not On Headed Paper

 

Thats Assignment From Arrow To Him

Default Notice

Termination Notice

 

I Could Do A Better Job On My Pc

 

Maybe The fact that he hasn't seen the assignment from MBNA to Arrow will be your reason for getting the case adjourned.. Request the judge orders disclosure of the Deed of assignment because until you see it you cannot be sure that Arrow had the right to bring court proceedings.

 

Also request that the original agreement is disclosed so that you can see whether or not it is legible 'in the flesh'

 

Spam.

[postggj]

So I Take It They Cant Use A Blow Up Of The Agreement In Court

 

Meny Thanks