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    • see***   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all leave jurisdiction unticked -  *** for the minute hang fire on doing AOS on MCOL until andyorch advises if/if not you question jurisdiction please   you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. ..  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/   CHANGE the list of documents too: Original signed finance agreement together with the terms and conditions IN ENGLISH Any notice of change in account terms and conditions that were ever issued since credit approval Any notice of default or UAE equivalent that was issued by the original creditor All and every statement of the account including how any interest has been calculated. Proof that UAE Court Judgement has already been gained upon said debt. Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and /or issue court proceedings concerning a UAE debt. The UAE is not a 'member state' . . . type your name ONLY*** no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]      
    • thanks. but, where shall i get a copy of this agreement/ guarantee. who shall i contact the claimant.
    • yes, sorry meant witness statement   will post up soon
    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - AOS  XX + 19 = 08 Dec file defence date  - 08 Dec + 14 days = 20 Dec 19      Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK.   Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum.   I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford.   In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment.   So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment?Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
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intree

Dn Abbey National

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I have received a default notice dated 20 November 2009, giving me 14 days from the date above to repay arrears or further action to be taken, it was received today which is the 27 November 2009, so will now wait for termination and detail their recission of contract.

 

I beleive this is the procedure, please correct me if I am wrong.

 

Thanks

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It's defective, they haven't allowed for postal service. Also they haven't stipulated a remedy date.

so will now wait for termination and detail their recission of contract.
yes.;)

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thanks cerberusalert - Advice taken:D

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Oh perfect intree. Please update when you get the next letter and have told them.

 

BTW - you do know to 'keep thas gob shut' until they terminate dont you.

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Thank you hungrybear, of course I will not say a word, until they terminate:D

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please can I have some advice, today I received a letter to confirm that I have not stuck to the agreement and that I owe the full amount, together with a FSA Notice, and a further letter indicating that they will now register the defaults - but no termination letter - so can they reissue a DN and should I stop paying them and just consider the account terminated?

 

Thanks

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I am in the same boat and a couple of days ago received termination notice. The default notice was also defective for same reason as yours. In my case though I had not paid for months after they refused token payment as enough and kept getting nasty so I stopped paying. It took a while after the dn for the termination notice to come but it did about a month later. Now complaining to fos that whilst ongoing complaint with them that it was terminated also.

 

Hopefully in both out cases they will have shot themselves in the foot. Why they dont deal with us more fairly is what I cant get, they would at least receive what we could afford.

 

Good luck.

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Thanks loopinlouie, I had done everything I could to make arrangements and they just ignored my attempts and told me that they would not accept token payments, so I stopped paying them 1 month ago and will not do so again.

 

Its a help to see that we are both in the same boat as may be many others, so please keep me informed I will do the same too.

 

Hoping they terminate me very soon:rolleyes:

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Oh perfect intree. Please update when you get the next letter and have told them.

 

BTW - you do know to 'keep thas gob shut' until they terminate dont you.

 

thas is past tense

 

thee is the correct word sithee

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I am in the same boat and a couple of days ago received termination notice. The default notice was also defective for same reason as yours. In my case though I had not paid for months after they refused token payment as enough and kept getting nasty so I stopped paying. It took a while after the dn for the termination notice to come but it did about a month later. Now complaining to fos that whilst ongoing complaint with them that it was terminated also.

 

Hopefully in both out cases they will have shot themselves in the foot. Why they dont deal with us more fairly is what I cant get, they would at least receive what we could afford.

 

Good luck.

 

have you written and accepted their unlawful rescission?

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thas is past tense

 

thee is the correct word sithee

 

It was in quotes because it was colloquial northern speak!:p and anyway with an apostrophe (tha's) it would be present possessive, assuming of course that it was ever a real word!

 

And as dicky says loop you must now accept their unlawful rescission.

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diddydicky. I havnt written anything, didnt know I should.

 

I did ring them to ask why terminated when I had already told them the default notice was not correct, I know but I had made complaint about manner treat and sold loan from start. Any how they told me dn was automated and out of their control.

 

Waited to hear reply regarding complaint reg with fos and termination notice appeared. Told they plan to sell the account.

 

Should I do anymore. I can show a court I told them they were acting unfairly and they still terminated.

 

I do think the abbey are stinkers in their complaints dept, they apparantly filed my complaint from fos away, without giving me chance to reply. Told dealt with.

 

I did however record the conversations with me informing them they were treating me incorrectly and unfairly and their answer basically was nowt we can do.

 

Do I need to write to them and send copy in ongoing complaint to fos.

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loop, you do need to write and accept the unlawful recsission. For two reasons one it will focus their minds, such that they have, and two it will let them know that you know that relevant laws.

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Once you have accepted the unlawful recision they can send any number of correct DNs, it won't make a bit of difference ;)


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These probably are very stupid questions but:

 

a) can a bank terminate an agreement whilst there is an ongoing dispute?

 

b) on its own does that make their action unlawful or only if combined

with other factors such as invalid DN's?

 

c) is there legislation to help the consumer in this respect?

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These probably are very stupid questions but:

 

a) can a bank terminate an agreement whilst there is an ongoing dispute? As far as I know 78(6) does not prevent termination. I am pretty sure that the Rankine case could be used to argue that termination as a necessary part of legal action would be allowed

 

b) on its own does that make their action unlawful or only if combined

with other factors such as invalid DN's? only a non compliant/no DN can lead to unlawful rescission on termination.

 

c) is there legislation to help the consumer in this respect?

hope that helps

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Certainly does ;)

 

Thank you.

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Certainly does ;)

 

Thank you.

 

In a good way I hope, despite that damn badge on your avatar!

 

I assume you were pre-empting a we could not terminate because it was in dispute arguement therefore we can reissue the DN. The first part of the Rankine ruling is all about legal action whilst in 78(6) dispute. The court ruled that 78(6) dispute does not prevent court action PLUS there is not mention in 76 or 98 of contingency on any part of 78.

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It was to cover me!

 

Bank terminated loan a/c Nov 09 after invalid DN whilst complaint with FOS re PPI mis-selling. I however, have not yet posted letter to accept their termination & since then they have sent a further invalid DN so think I'd better find that acceptance letter to send (with the original date of Nov on) ;)

 

PS - leave my avatar alone :lol:

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Thanks for info, will get onto sending letter asap.

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It was in quotes because it was colloquial northern speak!:p and anyway with an apostrophe (tha's) it would be present possessive, assuming of course that it was ever a real word!

 

And as dicky says loop you must now accept their unlawful rescission.

 

eyupp, tha knows thee stuff

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i sent Cahhot a SAR in February - just received a load of screen dumps from 2000 onwards including the application process - which is again a screen shot, they have failed to send me any agreement or any reference to a DN or even a made up agreement - does this mean that this account is now in dispute again?

 

why on earth do they send all the screen dumps yet no agreement, especially as all the screen dumps show my new address, when I had opened this credit card acc, back in 2000 at another address in another county.

 

All advice greatly appreciated

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bump for advice

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bump for advice

 

You're better to start a new thread of your own for help. This one hasn't been posted on since before christmas 2009, so you're unlikely to get many people seeing your post and giving advice. :)


These are video links to show how I deal with Debt Collectors.

 

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http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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