MBNA/Arrow/Marlin/Mortimer Solictors **WON**

[zamtaff]

Not been able to put the story on site before as in one letter received Mortimers stated that they were looking at the site. SO I HAVE PUT THIS ON THE SITE IN HOPE IT WILL HELP

 

Anyway we won in court £3800.

 

The judge was not particularly helpful and suggested that the application form from MBNA was a credit agreement even with that funny signatute in the top left hand corner. WE discussed what all 4 corners meant as not everything can be put on two sides of the paper. I asked him then were is the clause 11 of T&C refereed to on the front of the application. This was quickly move on.

 

Further,i received a NOA which had the Date of assignment 00/00/00 stated The Judge said i did not need to know the date of assignment as it was commercial sensitive. Beats me why it said the case quote was irrelevant and does not affect that the debt is assigned.

 

DN this was a one that cracked me up the original send to me which i had should a date of 22 Aug 2008 to get the arrears paid, but when i asked for disclose the DN came back with this date being 25 Aug 2008, which would provide the 14 days necessary under s87. This was the only document that was different when i brought this up with the Judge, he was well its a screen dump and the date is an automatic entry Ok but the fist DN notice must stand. We then had a discussion about case law. The case then went to only the arrears being owed. I also gave the Judge my credit file and showed him a entry by Arrow which was before the date there said they owned the debt on the POC. He said so what this is a matter for the IOC.

 

We also had Rankine thrown in.

 

At last we got to were are the statements to show how any of this debt was calculated. None could be produced in Court.

 

After a 10 min rest the judge said unenforceable. On leaving he told the Claimenants solicitor to look up case 8QC52414

[MBNASlayer(1)]

Zamtaff

 

It sounds like the DJ was rather difficult to deal with. Were you a LIP or did you have a solicitor?

 

So did the judge say that the agreement was enforceable even though T&C's were on the reverse?

 

Well done on the victory though

[humbleman]

zamtaff congratulations

[zamtaff]

I was LIP

 

The T&C were the one's of the Microfiche the Standard issue. Whta i was saying that on the front of the application form is a section "read clause 11" well no where on this form front back is a clause 11. The DJ was try to say the T&C on the microfiche were with the application form. Which we all know is not the case. He did harp on about my signature in the box and that constitutes a credit agreement. I simple asked what was the credit limit how did MBNA work out the APR when must i pay. Anyway 2 hours and 30 mins what a waste of the courts time. but it must have cost Arrow a few bob.

[supasnooper]

Well done and Congratulations.

 

I do hope you've asked for costs (Or is that the £3800 ? )

 

If you need any help with costs, you know where to come.

 

I've changed your thread title to show **WON"**

[zamtaff]

he was not in any mood to awrd anything. jst got the hell out of there

[supasnooper]

Oh dear, sorry to hear that !!

 

You haven't any further appointments with the Judge in question have you ?

[zamtaff]

no but still outstanding but still have MBNA cards be chased

[zamtaff]

yesterday 23 Dec 09 I got a letter from Arrow. They have send me

1 Copy Agreement

2 Terms and Conditions

3 Statement of account

 

The letter goes on to say " Please provide your proposal for repayment of your debt. Failure to do so will result in the continuation of collection activity, which in your case may include ligation."

 

I do not like this Arrow Global, what can we do I happy to go all the way

[supasnooper]

yesterday 23 Dec 09 I got a letter from Arrow. They have send me

1 Copy Agreement

2 Terms and Conditions

3 Statement of account

 

The letter goes on to say " Please provide your proposal for repayment of your debt. Failure to do so will result in the continuation of collection activity, which in your case may include ligation."

 

I do not like this Arrow Global, what can we do I happy to go all the way

 

Is this to do with MBNA ?

[zamtaff]

yes is it the case I won in court

[postggj]

zamtaff

supersnooper

 

any links to this

 

8QC52414

 

the judge said to look at

 

i take it thats a claim number

[zamtaff]

yes taht waht he said

[postggj]

how would i get hold of that case

[zamtaff]

i am not sure I will ask a solicitor friend of mine

[postggj]

thanks

 

its important

 

send a pm when you have news

[zamtaff]

ok i will see him on monday

[supasnooper]

I'm sorry but I don't have access to the quoted court case.

 

However, as the Judge has ruled the agreement unenforceable, I would point this out to Arrow and point out the issue of estoppal.

 

If they persist, tell them you will return to court to obtain a stop and desist order; with Arrow being liable for the full costs.

[zamtaff]

Ok thanks I will do that straight away

[jason_mnm]

Supasnooper can you kinldy advise in my case please

 

http://www.consumeractiongroup.co.uk/forum/mbna/239030-mbna-reston-threating-court.html

 

thanks

[zamtaff]

thank u jason mnm

[jason_mnm]

HI ZAM ur kind advice will also be useful for me...Thanks

[zamtaff]

ok just ask I can send you what ever

[postggj]

Zamtaff

 

Did You Run Down That Case Nimber

 

Important

[zamtaff]

not yet i will have to wait till monday