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How many times can an SD be served on the same debt


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Some brief background.

 

Nov 2007. I had an MBNA card, I asked for statements and a CCA under the various legislation and paid my £!0 and £1. MBNA set a few scraps which didn't reflect the huge penalty chages they had applied and a very bad copy of an application form without any prescibed terms.

I put the A/C into dispute until they complied.

March 2008. A/C sold whilst in dispute to another (I think) associated co.

March 2008. Sent letter to both MBNA and new owner of alleged debt stating that the A/C was in dispute. Letter ignored.

March- April 2008 Lots of letters and phone calls , pointed out that I was still waiting for a compliant CCA.

April 2008. Debt passed to dra who put on more pressure, Pointed out I was still waiting for a CCA.

April - Jun 2008 phone calls and letters, still no valid CCA

July 2008 Stat demand served by process server, set aside application filed.

Asked for various docs as strict proof, CCa, full set of transactions on the account, terms and conditions in force at the time the A/c was opened, default notice and so on. Nothing was provided to the court or me.

Aug 2008 Court hearing. Going along very well before the judge who isn't happy about the lack of paperwork, then the other sides solicitor took a bit from Rankine out of context, he claimed that once an agreement was at an end the need to produce paperworked ceased.

The judge seemed to think this was very unlikely, but " to be fair to both parties" I will adjuorn to allow me ( the judge) to look at this point that has been raised and I would advise Mr Martin to take professional legal advice.

Sept 2008. Saw my solicitor who is not versed on consumer credit law, ( from what I can gather very few are).

Sorted out the Rankine point, new amended statement of truth filed, big bill £1500

Dec 2008. Back to court with my solicitor, different judge, different solicitor on the other side. The judge heard a brief staement from both sides and set the application aside as the claimant has failed to produce any paperwork, not least the CCA that they rely on in court. Rankine not mentioned at all.

He throught that the claiment should not have pursed the case and awarded my costs £1,500. He did point out that I was pushing my luck and if they had come to court with something to prove their claim he would have granted their application.

Dec- April 2009. Peace and quiet.

May 2009. The dra that took me to court back on the phone demanding their money. Told them to ???? off and they set a letter saying they were returning the debt to the owner.

June 2009 Peace and quiet

July 2009 Stat demand served by the process server who came before. They nominated a court abou 100 miles away but on speaking to my local court they said this is rubbish, apply to have it moved .

Same defence filed and again asked for cca etc as strict proof. Hearing set for August.

August 2009. No paper work from the claimant, but 7 days before court date received a consent notice to set aside, no order as to costs. returned to claimant to file and pay £40 fee.

August 2009, morning of the hearing, have little faith in the claiment I phoned the court who said the case was still listed. Went to court, they didn't show but went into see judge who had a letter withdrawing.This was another judge who I hadn't seen,( the 3rd ). He said this case "was very ill advised" on their part if they can't produce any paper to support the claim.

 

With their various internal costs, my £1,500, their solicitors, process servers and court costs they must have wasted £3,000 ish to date to get nothing.

 

Obviously no CCA exists.

 

Now, my question, how do I get these people to go away for ever?

Your advice is very much needed and welcomed.

 

Many thanks martin g.

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Let us know when you get another demand.....however, you could possibly take them to court as this cagger did - or next time they try it order the judge to impose a bankruptcy restriction order on them - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115280-useful-information.html - Also please do report them to the OFT too...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Thanks 42man

 

I have drafted a letter to the OFt and trading standards. I hope that others will give me their advice on how to drive a stake through the heart of these vampires.

 

Martin g

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