MandM vs Egg Loan ***Won with Strike Out***

[diddydicky]

Thanks Magda,

 

My feeling is that they're going to produce the statement they sent with their AQ which doesn't explain it as it's about £600 out! I didn't post that up before as I thought the figures might be giving too many clues (if anyone was looking). Also, the judge hasn't asked them to submit their DN so looks like he's accepting that the template one they sent with their AQ is OK.

 

I'm going to get working on my defence and base it mainly around the defective DN that they sent me at the outset of this case. Will keep posting.

 

M

 

if this goes to a hearing i dont think the judge can accept "parts" of their case in advance

 

probably didnt ask them as he already knows from experience that they are generic and they dont keep copies of the DN which is pertinent to you

 

thats why when caggers write and tell them that they terminated on the back of a faulty DN they just dont know what you are talking about

 

their computer issues them automatically by adding 14 days to the date of issue and they beleive what the computer tells them.

 

they don't produce a copy of the same letter they sent to you and put it in your file so in future the only thing they can produce to a court is in effect a blank copy DN with the dates added into it that the computer tells them was the date it was issued.

 

thats why sometimes what they produce is missing/or has added text where they have changed the letter templates over time

 

NO DN produced to a court is EVER likely to be a true copy of the original

[MandM]

if this goes to a hearing i dont think the judge can accept "parts" of their case in advance

 

probably didnt ask them as he already knows from experience that they are generic and they dont keep copies of the DN which is pertinent to you

 

thats why when caggers write and tell them that they terminated on the back of a faulty DN they just dont know what you are talking about

 

their computer issues them automatically by adding 14 days to the date of issue and they beleive what the computer tells them.

 

they don't produce a copy of the same letter they sent to you and put it in your file so in future the only thing they can produce to a court is in effect a blank copy DN with the dates added into it that the computer tells them was the date it was issued.

 

thats why sometimes what they produce is missing/or has added text where they have changed the letter templates over time

 

NO DN produced to a court is EVER likely to be a true copy of the original

 

Too true DD. I'm so glad I kept my original DN and I suppose that they bank on you having not kept it .

 

If the court then cannot enforce repayment as the DN is dodgy AND they've terminated can I then make them lift the DN from my credit file? And how would they go about getting the money out of you then?

 

M

[diddydicky]

ah well now youre getting onto one of my pet subjects-

 

and i might not be popular

 

but i see things thus:-

 

you DID borrow the money - even if the agreement it is unable to be legally enforced

 

if the ONLY reason for arrears arose as a result of their non compliance with s78 request then i would argue that you are entitled to ask for the adverse to be removed

 

if you got into difficulties prior to that for whatever reason then my OWN opinion is (and has always been) that reporting one's conduct of a credit card or other financial agreement is NOT enforcement and that the SOLE purpose of CRA's is a mutual society of lenders sharing information of what HAS happened on a particular account so that other potential lenders are aware of what they might be taking on

 

It seems to me that for WHATEVER reason the debtor missed payments - even in a dispute- that other potential lenders have a right to know what they are letting themselves in for ( even if it is just that the debtor is the kind of soul that disputes things) before they lend

 

i know this opinion is sometimes unpopular on this forum - but that is usually (IMO) from those who "want their cake and eat it""

 

you cant slag off the credit companies for throwing around easy credit and getting us all into trouble and then also slag them off when they try to take steps not to allow themselves to throw around easy credit.

 

I guess at the end of the day it is a matter of personal choice

 

i got into the **** - yes with the help of easy credit but at the end of the day i am responsible for my own actions and i am intelligent enough to know when something is "too good to be true"

 

therefore my answer is that i would be happy to get rid of the debt and prepared to live with crap credit for 6 years in order to re train myself not to be so Flippin stupid.,

 

no doubt you will get conflicting advice

[MAGDA]

I believe car2403 has managed to successfully remove default from his file M&M, so you might want to look at some of his threads. Worth a try, if nothing else.

 

Might find this one helpful:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/111211-defaults-background-removal-methods.html

 

Magda

[MandM]

Thanks DD and Magda. Can see what you're saying there DD. Although I am disputing this debt by whatever means I need to in order to stop them from taking a CO on our house (and therefore probably stopping us from moving FOREVER) i too will probably try and repay what I can.

 

When I completed my I&E in Feb this year I set up standing orders based on my calculations and have paid it every month since to each of my creditors and the majority accepted that as the situation and continue to accept my payments.

 

This particular one (which is by far the biggest of all ) have been unwilling to even talk and went straight for court action in the knowledge that I own my property and now they'd like it for themselves.

 

Should it get thrown out of court then I will continue to pay them the amount I have been paying. However, my question therefore is do they have to accept what I offer them based on what I can afford OR is there a mechanism that they can try and use to force me to pay more?

[diddydicky]

if you lose in court you will put to the court the I & E you used for all your creditors, you will provide proof that all the other creditors accepted the arrangement and this one didnt

 

you will offer what you offered before and (providing it is in line with normal parameters for the working out of payments from disposable income) the judge WILL order those payments (or less) AND you wil have no further charges or interest to pay

 

the creditor CANNOT get a charging order on your house UNLESS you fail to comply with the court order (always ensure you pay by STANDING ORDER any monthly payments and pay them at least 7 days before they are due)

 

EVEN IF the creditor gets a charging order it is a big step from there to forcing a sale of your home (you creditor cannot obtain possession of your home for themselves)

 

and if a sale were forced they can only go against YOUR part of the interest in the property

 

I had a similar situation many years ago and i got my uncle (aunt.friend/etc) to place a second charge on my home for the 25,000 he lent me and which i had difficulty repaying to allow him to protect his unpaid loan

 

he was very understanding and said that if anyone were to get a C/O or force a sale of my home he would take the 25,000 plus the 5% interest p.a. since the start of his loan out of the proceeds as he would be entitled to do in full after the 1st mortgage and then probably lend it back to me again after i had finished with my other creditors

 

I was fortunate in that i did all of this before anyone ever applied for a charging order therefore they could not accuse me of arranging this for ulterior motives!!!!

 

savvy?

[MandM]

I was fortunate in that i did all of this before anyone ever applied for a charging order therefore they could not accuse me of arranging this for ulterior motives!!!!

 

savvy?

Have already added another to my mortgage who iknows the score

But what I mean is if i WIN in court what can the claimant do then?

[MAGDA]

Have already added another to my mortgage who iknows the score

But what I mean is if i WIN in court what can the claimant do then?

 

If you win in court, they can't do anything, because they haven't proven their claim and do not therefore have the right to enforce any alleged debt. It doesn't mean the debt doesn't exist necessarily, but if you win, that's the end of it, apart from the claimant having to pay your costs.

 

As for continuing to make payments if you win, personally I wouldn't pay them a penny, but that is of course your own choice. I was making payments on four link accounts and they took us to court on all four and lost on all four - to their own detriment as I now pay absolutely zero.

 

As Francis Bennion stated, if they can't be bothered to get everything correct (given that they are large financial institutions) then the money can be regarded as a gift.

 

Magda

[MandM]

If you win in court, they can't do anything, because they haven't proven their claim and do not therefore have the right to enforce any alleged debt. It doesn't mean the debt doesn't exist necessarily, but if you win, that's the end of it, apart from the claimant having to pay your costs.

 

As for continuing to make payments if you win, personally I wouldn't pay them a penny, but that is of course your own choice. I was making payments on four link accounts and they took us to court on all four and lost on all four - to their own detriment as I now pay absolutely zero.

 

As Francis Bennion stated, if they can't be bothered to get everything correct (given that they are large financial institutions) then the money can be regarded as a gift.

 

Magda

 

Thanks Magda

 

Will continue scouring the threads in readiness for my defence.

 

M

[diddydicky]

Have already added another to my mortgage who iknows the score

But what I mean is if i WIN in court what can the claimant do then?

 

all they can do is pester you , and at the risk of repeating myself (i'm not an agent or anything- honest)

 

80 quid spent on a truecall will kill of any lingering hopes of them pestering you

[MandM]

all they can do is pester you , and at the risk of repeating myself (i'm not an agent or anything- honest)

 

80 quid spent on a truecall will kill of any lingering hopes of them pestering you

Already considering getting one . Can see that it may be pretty handy.

[diddydicky]

Already considering getting one . Can see that it may be pretty handy.

 

well ONE of the nice features is that it has a recording device- it is normally turned to off however it "buffers" every call and at the end of the call deletes the information

 

if, however during the course of a telephone call you decide you would like to record it, or the other party says something which is useful for you to record- you simply hit the big button on the unit and it records the whole conversation right from the start AND logs all the call details times etc.

 

pretty neat eh?

 

in addition of course to giving you perfect peace and quiet- it answers you zapped callers all by itself without you even knowing it is going on!!

 

callers who are not yet on your zap list (but who are not on your "Starred list" are silently greeted with a message asking them to state their name

 

you unit then calls you and without them hearing tells you who is on the line- you press one button to accept the call or another to zap it without you speaking to the caller

 

calls from withheld numbers are told to call back from a number that can be seen!

[MandM]

and at the risk of repeating myself (i'm not an agent or anything- honest)

 

Are you sure? :grin::grin::grin:

[diddydicky]

wish i was- i see he got 100,000 from the dragons den to promote this product a couple of months ago.......

 

i just LOOOOVE it

[the_shadow]

Already considering getting one . Can see that it may be pretty handy.

 

Oh god yes

 

Hope your reading Sharkleys, MBNA, Crapone, RMA, NCO, Mercers, Aegis et all

 

S.

[diddydicky]

just seen another product for 19 dollars called telezapper, apparantly when you are called by an auto dialler- it recognises the auto dialler and sends a specific signal back to the auto dialler telling it theta the number is unobtainable and the auto dialler automatically (well it would - wouldn't it) deletes the number from its database

 

Cool Eh!!

 

ive e mailed the company and asked if they do one that can be used in the UK i'll let you know the outcome

[diddydicky]

also,

 

many phones can be set up to re route calls to another number- tradesmen use them when they are not in the office -

 

so if you have this on your phone- when a dca calls you can tell the phone to divert the call to another dca's number and let them talk to each other.

 

better still get the ordinary landline number of the DCA and let him talk to himself!!

[MandM]

also,

 

many phones can be set up to re route calls to another number- tradesmen use them when they are not in the office -

 

so if you have this on your phone- when a dca calls you can tell the phone to divert the call to another dca's number and let them talk to each other.

 

better still get the ordinary landline number of the DCA and let him talk to himself!!

 

Now you've really got me thinking .

 

No harm in turning the misery they inflict into a bit of fun for me lol.

 

M

[MandM]

Oh god yes

 

Hope your reading Sharkleys, MBNA, Crapone, RMA, NCO, Mercers, Aegis et all

 

S.

 

Personally i've found MBNA to be the worst so far. At one point they must have been ringing 5 times a day EVERY day including weekends!!! Just ignored them once I got the hang of it

[MandM]

OK, we finally have some movement. Have received the WS detailing how the claim sum is made up (still trying to get my head around that) and a copy of what is alledgedly the agreement and the T&Cs (basically the same stuff as issued with their AQ).

 

I'm going to defend on the basis that the DN is totally unacceptable (all established in earlier threads) and therefore the account (which was terminated by letter by the Sols) cannot be resolved by the court.

 

Do I have to submit my defence as an amended defence or a WS?

 

Anyone up to speed on these sort of things i'd appreciate your input as it's a bit of a biggy so don't want to cock it up

[MandM]

bump

[MandM]

OK, we finally have some movement. Have received the WS detailing how the claim sum is made up (still trying to get my head around that) and a copy of what is alledgedly the agreement and the T&Cs (basically the same stuff as issued with their AQ).

 

I'm going to defend on the basis that the DN is totally unacceptable (all established in earlier threads) and therefore the account (which was terminated by letter by the Sols) cannot be resolved by the court.

 

Do I have to submit my defence as an amended defence or a WS?

 

Anyone up to speed on these sort of things i'd appreciate your input as it's a bit of a biggy so don't want to cock it up

 

Any thoughts?

 

M

[MAGDA]

I take it this has been allocated to Fast track now M&M? (or hasn't it been allocated yet - sorry not sure where you are up to at the moment) did you get directions from the court following Allocation, it normally specifies the order in which everything must be done, e.g., WS etc. If you want to submit an amended defence (did you do a holding defence initially?) then you need to either have permission from the other side, or submit an application to the court, unless the court has already said that you should amend your defence anyway.

 

Magda

Edited November 9, 2009 by MAGDA

[MandM]

I take it this has been allocated to Fast track now M&M? (or hasn't it been allocated yet - sorry not sure where you are up to at the moment) did you get directions from the court following Allocation, it normally specifies the order in which everything must be done, e.g., WS etc. If you want to submit an amended defence (did you do a holding defence initially?) then you need to either have permission from the other side, or submit an application to the court, unless the court has already said that you should amend your defence anyway.

 

Magda

 

Hi Magda,

Fast track it certainly is! A holding defence was submitted, draft dirs went with the AQs and the court gave them till end of last week to give certain info (build up of sum claimed and copy of original agreement). They have compliied and also sent a WS explaining how they got to their figure.

Court have given me a further 2 weeks to submit an amended defence. I was wondering in what format this should be submitted. Court has also sent me a further blue form to fill in(not sure what it is as i'm at work - can look later).

 

M

[MandM]

Can post up the wording when I get home this evening if it helps

 

M