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    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
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CL finance Altered Application into Agreement


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I don't think they need to specify a credit limit. They've indicated that they will determine the credit limit and how they will let you know, and I think that suffices as per the regulations for running account credit.

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I don't think they need to specify a credit limit. They've indicated that they will determine the credit limit and how they will let you know, and I think that suffices as per the regulations for running account credit.

 

It does...

 

Ok... we need to know the following to make this all as concise as poss...

 

You need to post the following documents:

 

1) The Claim Form or Claim details

 

2) The default notice

 

Then we can look at a defence.

 

I don't think the "under the influence" part will go down well with the judge simply because you would have to not only prove you were drunk at the time but also the times you used the credit card to run up the debt.

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Did that copy of the default notice come from Cohen? Looks like it did by the MBNA header and date.

 

Do you have a copy of any DN that was sent to you originally by MBNA? This could be important, especially if there are any differences between the two.

 

Also, do you have proof of posting of your CCA requests to Cohens? They state they have had no contact from you.

 

It's important to pick apart their witness statement where possible.

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Yes.. it came from Cohen

 

I'll have a good look round for the original DN and post it if found - I cant remember seeing one!

 

I sent 2 CCA requests with no responses... then they appeared at court with a incomplete copy.

 

Thanks, Mack

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BINGO! You've got them - and by their own admission!

 

I refer to the documents supplied by Cohens in their witness statement.

 

The MBNA default notice says you must remedy the breach by 24 April 2009.

 

The Cohen witness statement says that the account was assigned to CL Finance on 23 April 2009 - a day before the deadline set to remedy the breach. This is unlawful rescission of the contract.

 

The DN also refers to paragraph 8. There is no paragraph 8 in the T&Cs supplied.

 

We need to get this into your defence/witness statement somehow.

 

They will be hard pushed to win this now, irrespective of the terms in the agreement. Hopefully someone better qualified will confirm this is a correct summary of their evidence.

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BINGO! You've got them - and by their own admission!

 

I refer to the documents supplied by Cohens in their witness statement.

 

The MBNA default notice says you must remedy the breach by 24 April 2009.

 

The Cohen witness statement says that the account was assigned to CL Finance on 23 April 2009 - a day before the deadline set to remedy the breach. This is unlawful rescission of the contract.

 

The DN also refers to paragraph 8. There is no paragraph 8 in the T&Cs supplied.

 

We need to get this into your defence/witness statement somehow.

 

They will be hard pushed to win this now, irrespective of the terms in the agreement. Hopefully someone better qualified will confirm this is a correct summary of their evidence.

 

Thanks for all this... I sometime's cant open letters:

 

The T&C's wernt all posted on here.. only the first two pages.. I'll post more later tonite.

I have to have the defence in by 4pm tomorrow. WoW:(

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Mack, I'm with client at the moment, but I think your defence has to be based on the fact that, by their own admission, the account was unlawfully rescinded. I think therefore that all that is due is the actual arrears at the time of the DN.

 

Hopefully someone can drop in a do a decently formatted defence - I'm not so good at those, just good at finding the holes in the witness statements!

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MBNA always use UK Mail s post. this is second class, Service is therefore 4 days. That makes the service date 13th April 2009, causing the DN to fail on its own, let alone the fact that the account was sold early. The DN states that the default must be rectified before 24th. It must state a date by which it has to be rectified, so 3 points against the DN.

 

An application form may be able to become an executed agreement, if laid out in the prescribed form containing all of the prescribed terms within the signature document. This one seems to do so. However, it has to be capable of becoming a regulated agreement, that is signed by both parties, so it would follow that any application form seeking to become an executed agreement, must have a place for both parties to sign. THIS ONE DOES NOT.

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Is it also the case that where the account is rescinded like this, only the arrears are payable?

Yes, if the account is terminated in one of many forms, and the DN is non complient, they will only be entitled to the true amount of the arrears, excluding unlawful charges and interest.

 

If the DN was for say, £300, you may;) want to counter that lawful figure with unlawful charges ( recent and historic), Interest added to charges, your own time and expences for research and letter writing, advising this huge corporation with massive resources where they have broken the law and maybe, some unfair relationship issues under CPUTR, relating to extortionat interst hikes. Would a bank like to have to explain in a public court how they are charging 70 times the current BOE base rate?

 

It's a question of lining up the ducks in a row.:)

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I'm in the same boat - default remedy by 23/3 but the account was sold on 20/3.

 

If in court this afternoon for an SJ hearing. I've not yet made anything of the unlawful rescission, because I've only just got a copy of the DN. Not had a termination notice either.

 

I think I may have enough to get the SJ application struck out anyway, but am considering if I should use unlawful rescission too. My only question is, don't you have to agree to the unlawful rescission - can I do this by stating as much in court today or do I have to write to the creditor?

 

The arrears are stated at approx £1300 - do I need to pay this immediately of claiming unlawful rescission?

 

It would be nice to think that unlawful rescission is fatal to the claimants case, but I just don't believe it can be that simple.

 

Don't want to hijack the thread, but any advice would be greatly appreciated as I'm in court at 2:30!!

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If there are any charges on the account, these can be set off against the arrears. Because it has been rescinded only the arrears are due and therefore the amount claimed on the PoC would be incorrect.

 

As for the SJ, the unlawful rescission shows there is clearly a case to answer - and that should be enough fort any judge to throw it out and award you costs!

 

(Don't forget to ask for costs!)

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