Help with MBNA CCA, please. - ***WRITTEN OFF***

[Laura Cooke]

Who should I address letter to? that`s another time wasting clause they use stating not addressed to correct person or place

[diddydicky]

hello vjohn

 

I see where you are coming from there and i understand your point however- in these circumstances she would not face undue criticism when trying to prove that her OH was up against the corporate might which was being deliberately obstructive and this was the only way she could prove that

 

 

and who is to say she was not granted the right! (that would come from her OH not the creditor!)

[diddydicky]

Who should I address letter to? that`s another time wasting clause they use stating not addressed to correct person or place

 

if they want to play silly games like that- then send it to their registered office - which is THE correct address for service of documents upon the company-

[vjohn82]

It should go to whoever recently wrote to you I imagine.

[vjohn82]

hello vjohn

 

I see where you are coming from there and i understand your point however- in these circumstances she would not face undue criticism when trying to prove that her OH was up against the corporate might which was being deliberately obstructive and this was the only way she could prove that

 

 

and who is to say she was not granted the right! (that would come from her OH not the creditor!)

 

I agree... but it depends on what Judge you get I suppose.

 

That said the proof that MBNA have been intransigent is the fact they ignored the LBA. There was no need for this to get to this stage had they complied with relevant statute.

 

I agree that the circumstances are not trivial by any stretch and this "should" be taken into account by the judiciary. We all know that what they "should" do and what "they do" are completely separate things.

 

What do you think the best course of action is DD? I'm thinking that an amendent to the POC is possibly required in light of MBNAs compliance with the SAR (that is if LC wants to press on with proceedings).

[Laura Cooke]

Nationwide autos used this as a part defence today to get a set a side at court today first they say N1 was incorrectly filed to garage instead of head office then they said they sent their defence in but it never arrived first they knew about Judgment was when it came Judge at court was awful (my sisters claim she deaf and in wheelchair) I stated I had to be there to point things out as she was deaf judge sarcastically replied SO AM I he let garage speak about the car repairs when I tried to speak he said "WE NOT HERE TO TALK ABOUT THE CAR" precisely so why was the garage allowed to go on at greta lengths about the car the judge was rude and discriminated against my deaf, disabled sister my sister pointed out in her letter to court her disabilities she told the judge she could lip read so he kept his hand over his mouth!!!! allowed the set aside I said the defence should have gone recorded delivery judge said it didn`t have to garage showed sheet with defence on I said that didn`t proove they had actually sent that anyone at any time could have wrote that totally biased judge:mad:

Edited March 22, 2010 by Laura Cooke

[vjohn82]

You need to make a formal complaint about the Judge. The Disability Discrimination Act is there for a reason.

 

If you let this drop you will be doing a disservice to thousands of others...

[diddydicky]

You need to make a formal complaint about the Judge. The Disability Discrimination Act is there for a reason.

 

If you let this drop you will be doing a disservice to thousands of others...

 

problem is it would entail obtaining a transcript of the court tape which is not cheap and which does not record hand gestures.

 

i would have thought that a compliant might also do a disservice to fellow LIP's as the judge would then be very "anti" LIP's

 

tough call!

[Laura Cooke]

Emailed Disability Discrimination can hardly believe it I wanted to scream at him it was unreal my sister is definately not low life she was HR at tax office she is used to dealing with MP`s she had to take early retirement last year she is terminally ill with lung/heart failure and is on oxygen it was an absolute disgrace how he talked down to us and discouraged us from returning questions I have never seen my sister cry even when she found her husband dead at home!!! she is a strong stiffer upper lip kind of lady it was quite upsetting for me yesterday to see her resorted to the level this Judge brought her down to

[diddydicky]

it all sounds rather tragic and upsetting, it is difficult to know which way to advise for the best.

[exchange]

Couldn't read what happened without making a comment or two.

Sounds completely disgraceful to me if not inhuman!

I think that the media would be interested in your story if you are up for a fight. Problem is you never know which way things are going to turn and I doubt your sister would want media attention.

It does make you wonder what planet some judges are on. If it was me it would have made me so angry I would probably have got thrown out of court in that situation.

I would hope that if you make enough noise that the 'judge' would be out of work very soon, but I know that that is just dreaming unfortunately.

All I can suggest is that you don't let this go until you are satisfied with whatever outcome you would be satisfied with.

Lots of people here to lend support and advice as always.

Exchange

Edited March 23, 2010 by exchange

[Laura Cooke]

Thanks you lot for your kind words just had a text off my sister poor bugger as been up all night pondering over it all and I`ve been in bed most of day which as cost daughter a day off work to take care of my hubbie I just can`t take it in that such people can be allowed to get away with such things and to whom you can turn to to complain emailed Disability Discrimination half of the time none of these bodies ever respond had all this with my sons disabilities anyway I appreciate your concerns

[Sparkie1723]

HI Laura Cooke ...I am not certain that I am the one to advise you on the CCA BUT I can say that the treatment of you and your sister would also fall within the scope of the European Convention on Human Rights as well as the Discrimination Act I will look into that aspect for you and get back to you ASAP .......I am so busy trying to support others that I just do not seem to have enough hours in the day, if your sis is on any social benefits you can get a copy of the transcript and get the Community Legal Assistance to pay for it, I think not sure but worth checking on

 

sparkie

[Laura Cooke]

Thank you very much Sparkie and to VJ & DD on this matter no she got a large pension pay off she can`t even get Incapacity Benefit so is having to sell her home as she`s living off her pay off appreciate help feel so in the dark at what to do when I have numerous problems of my own but it surely was shocking and as deeply upset her:)

[Gallahad]

Thank you very much Sparkie and to VJ & DD on this matter no she got a large pension pay off she can`t even get Incapacity Benefit so is having to sell her home as she`s living off her pay off appreciate help feel so in the dark at what to do when I have numerous problems of my own but it surely was shocking and as deeply upset her:)

 

Incapacity benefit is not means tested LC so I would suggest that is worth further enquiries.

G

[Dotty50]

Beat me to it Gallahad my OH got it after being pensioned off from his job through illness

[Gallahad]

me also Dotty:)

[Laura Cooke]

Incapacity must be means tested as she tried to claim it she even wrote to her MP but no joy they said she couldn`t get it as she had too much capital all she is living off his her widows pension and DLA and child benefit for her 15 year old son

[Dotty50]

Maybe its because she gets dla?

 

One cancels out the other perhaps

 

It also changed in Oct 08.

[Gallahad]

I get DLA and incapacity benefit and neither are means tested so that is really strange that your poor sis doesn't. Have you tried contacting CAB?

G

[Laura Cooke]

DLA isn`t counted on anything so that should not make a difference all she as told me is she can`t get it because she as too much savings, she tried to pay off her mortgage but they wouldn`t let her do that either said they`d penalise her so she`s living off her savings and trying to sell her house to get a bungalow as she can`t get up the stairs

[vjohn82]

Why does she need to sell her home?

 

If you speak to the local authority they can either propose a mortgage relief scheme OR the local housing association can purchase the home and allow her to stay there.

 

I would suggest they are useful avenues to go down.

[Laura Cooke]

VJ she needs a bungalow as she wants to be able to get from room to room they have built some new ones near her where she wishes to stay but she may not be able to afford one feel sorry for her she as so many problems and she never complains she`s in a old vicarage house with 5 bedrooms it`s costing her £200 a month in gas alone and only her and her son at home other 2 boys at university

Edited March 24, 2010 by Laura Cooke

[Laura Cooke]

Got till 6th April to have a AQ at court or to get letter off to MBNA to come to a compromise on the court costs I expect doesn`t leave me long either way as Easter coming up need to know real soon where I stand so I can discontinue the case if possible

[Kayyak]

Incapacity Benefit is not means tested. It's known as a stage 1 benefit and you can only have one of these, ie pension, jobseekers, carers, incapacity, maternity. If she's got savings, and over 60/65 (not sure on the age) she could apply for pension credit, the savings element, not the means tested one. Pension Credit staff or money advisors can check for any other benefits she should be entitled to. She may be able to get a grant from the Local Authority for a stairlift (if she decides to stay). It's means tested, but savings count as capital income. Someone could have a lot of savings and have no contribution towards the stairlift, if their weekly income is low.