Jump to content


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


MandM
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1912 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Is this DN worth arguing???  

2 Caggers have voted

  1. 1. Is this DN worth arguing???

    • Yes, argue all the way!!!
      2
    • No, they've got you beat.
      0


Recommended Posts

Brilliant. This is the second time in two days I have seen that a judge has made the point that with regard to DNs there is an Act with regulations that must be complied with, and it is not for a judge to use his discretion to alter it and declare it de minimus. Please God let this go round on the Judges' Grapevine.

 

DD xx

 

I hope so. thank you DD

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

  • Replies 619
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Sums up my views as well. VERY pleased for you MandM :D:D:D:):):):D:D:D

SFU :)

 

Thank you SFU

 

M :)

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

WHAT CAN I SAY BUT WELL DONE

 

Also thank you for your report.

 

viva cag

 

the very best regards lilly white

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

Link to post
Share on other sites

I`m fine thanks M I can`t think of a more deserving person than yourself, throughout your own problems you have happily taken the time and given advice and support to others which I am personally grateful for:)

 

Thank you LC. :)

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Hmph, someone beat me to it :lol:

 

Congratulations M&M I am really pleased for you.

 

 

 

I 2nd that opinion:)

 

Thank you cB.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Nice work M&M!

 

:):):)

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Well done MandM.:grin::grin: A great result for you and many other CAGGERS.

 

I have been following this thread as I have an Egg loan where the DCA has gone very quiet in recent months - not even chasing me for the "agreed" affordable payments any more!

 

I don't know how long you have to claim costs - but it might be worth hanging fire to see if they DO (stupidly) appeal? If they appeal - then tell them you're now going for costs - so they'll be even worse off 2nd time around.

 

If they don't appeal (and run out of time to do so) then tell them you're going for costs! Why let the b*gg*rs off the hook? They were out to get as much from you as they possibly could! Do unto them as they would do unto you - just do it first! :evil:

 

Well done again - you've made my day!

 

BD

 

Thank you BD. I will give it serious thought, and have a read around. I don't know how others feel about it, but I suppose I daren't consider costs leading up to today.

 

I never assumed that i had won until the judge gave his verdict so in the back of your mind you're telling yourself not to jump ahead until that moment. It was a relief when I realised what was going on as it dawned on me that it was going to be over - in my head I was still thinking about how I was going to break the bad news to my wife LOL.

 

So, I still need to consider the costs issue. I also have another big one brewing with Egg, this time i'm claiming, so I might need to finds some funds, so I intend to have a good think about it.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Was this a mercantile or county court? I am still interested to see if the argument works for a current account which can be withdrawn without a DN. And in which case a dodgy DN is pointless anyway. My hearing is soon, although I hope to have it stayed until after the Govan hearing in June.

 

It was County Court IW.

 

Good luck with yours, don't know much about current accounts i'm afraid. Happy to look in anyway, I'm sure i'd learn something from it.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

I quite agree DD, it is so encouraging isn't it?! Has something actually happened in the corridors, murmer, murmer, or what?!

 

Give us that Deputy DawgDJ's name and I'll open a fan base on Facebook for him :-D

 

lol. Name by PM if you want it. Don't want to break any rules. Not been cagbooted for months now :).

 

Or shall we run it as a competition :). 49 judges names in a hat, spin them around and pick one. Just got to think of a name for it :)

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Excellent news MandM I hope I'm that brave if it comes down to it, thank you again for the help on my thread

 

 

Daisy

 

Always a pleasure Daisy, hope things are going well for you.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

WHAT CAN I SAY BUT WELL DONE

 

Also thank you for your report.

 

viva cag

 

the very best regards lilly white

 

viva indeed!!! thank you lilly white, have read many of your posts in the past, you give sound advice. thanks for looking in.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

MM

Excellent news!

 

 

 

The judge and the other side then had a lengthy conversation on the regulations and the judge referred to the regulations quoted in my defence, namely the Consumer Credit (Enforcement, Default and Termination Notices) Regs 1983 and said he was looking particularly at the statement that said "shall contain - (a) a statement that the notice is a default notice served under section 87(i) of the Consumer Credit Act 1974". He said that he was making particular emphasis on the words "shall contain" as it did not say "may contain!"

 

 

 

THANK YOU ALL! - CLAIM STRUCK OUT!

 

In light of the above may be worth revisiting

 

CPR rule 16

 

7.3

Where a claim is based upon a written agreement:

 

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

..................

 

Which has been argued at great length in the past but has been brushed aside by the courts so far.

Link to post
Share on other sites

Wonderful and congratulations. Yes, the defective DN is a winner and you stood your ground in court - well done!:D

 

Thank you Pinky :). And yes, the DN is key!

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

MM

Excellent news!

 

 

 

 

In light of the above may be worth revisiting

 

CPR rule 16

 

7.3

Where a claim is based upon a written agreement:

 

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

..................

 

Which has been argued at great length in the past but has been brushed aside by the courts so far.

 

The judge was very unreceptive to any discussions about the agreement or the T&Cs. It was a point that I didn't want to push too much. My agreement is 2008, which I think would bring it into the 2007 regs and it was all done online. I ticked all the boxes, there's no getting away from that, so I thought that ultimately the agreement was a bit of a non starter, just added a bit of meat to the bones.

 

But being such a new agreement covered by the 'new' regs, I felt that the risk of pushing it was too high - particularly as the judge steered me away from it. Just a bit of a gut feeling that i'd missed something.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

MandM,

 

Just popped on to say Hi and congratulations on this result. :)

 

It gives us all the motivation to keep fighting and see that there can be light at the end of a very long tunnel!

 

Thank you Dotty. Give my regards to your 'Dedicated Account Manager'. :D

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Wonderful and congratulations. Yes, the defective DN is a winner and you stood your ground in court - well done!:D

 

Pinky

 

Whilst this rightly is MandM's night of triumph we mustn't forget your own dodgy DN thread has been an invaluable source of knowledge and encouragement to many of us - along with the help of many of your loyal contributors - including the occasional off topic humour. (I just wish it didn't need a DD-advised CAGGER's failure in court before seeing DD in Burton's window! ;) ).

 

A real collective pat on the back and group hug! :-D

 

BD

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

Link to post
Share on other sites

Congratulations and well done. :)

 

Excellent write up.

 

Enjoy the evening. :D

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Well done MandM! Feels good doesn't it? Had a good result myself today!

 

Thank you RB. Will pop in for a look if you've got a thread.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Congratulations and well done. :)

 

Excellent write up.

 

Enjoy the evening. :D

 

I will SS. Thank you very much.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Hello MM:):):):):):):)

 

What a good Monday you have had Congrats , hope you have a

beer in your hand , Im up for the final countdown Wed cant say

anymore here but hope to be in the winners enclosure like yourself.

 

VERY WELL DONE XX

 

Tonks:)

Link to post
Share on other sites

Pinky

 

Whilst this rightly is MandM's night of triumph we mustn't forget your own dodgy DN thread has been an invaluable source of knowledge and encouragement to many of us - along with the help of many of your loyal contributors - including the occasional off topic humour. (I just wish it didn't need a DD-advised CAGGER's failure in court before seeing DD in Burton's window! ;) ).

 

A real collective pat on the back and group hug! :-D

 

BD

 

BD

 

totally agree. Big thank you Pinky. have spent sooo much time on 'that' thread.

 

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Hello MM:):):):):):):)

 

What a good Monday you have had Congrats , hope you have a

beer in your hand , Im up for the final countdown Wed cant say

anymore here but hope to be in the winners enclosure like yourself.

 

VERY WELL DONE XX

 

Tonks:)

 

Hiya Tonks. I've got everything crossed for you. Thank you. And ill be thinking of you.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...