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    • If he was paying a Solictor by the hour I'm sure he would be more engaging....we offer this service free of charge in our own free time.   He needs to engage and fast.   Defence due Friday 11th Dec by 4.00pm   .
    • Applying for a charging order involves two stages: the interim charging order and the final charging order. Interim charging orders If your creditor decides to apply for a charging order: Your creditor sends a form to the court along with proof from the Land Registry that you own, or jointly own, your house If the court agrees that you own a share of the property and a charging order is allowed under the rules above, you'll be sent an interim charging order on form N86 and a copy of the creditor's form N379. These show the reasons they've applied. This is also sent to your spouse or civil partner, any other joint owners of the property and your mortgage company or other secured lenders A restriction will be placed on the Land Registry, stopping you from selling your house until the final charging order hearing. You will get a form B136 from the Land Registry telling you this has happened. You don't need to reply to this form The interim charging order is issued without a hearing. If you do nothing, a final charging order will be issued 28 days later. If you want to object to the final charging order, you must write to the court and creditor within 21 days of receiving the interim charging order. The court may then arrange a hearing to make a decision. Reasons to object might include: The property doesn’t belong to you, and you are not entitled to a share of any equity in it The CCJ happened before October 2012 and you’ve not missed any instalments set by the court The creditor has not followed the application process correctly, for example they’ve not informed your spouse or civil partner You can also write to ask the court to set conditions on the charging order. One condition that we recommend asking for is an affordable instalment order, if one is not already in place. This is where the court sets a regular payment. If the court agrees to this and you keep up with the payments, the creditor will find it much harder to take further enforcement action through the court. If no instalment order is set there’s a risk the creditor could take further action, for example by instructing enforcement agents (bailiffs) to visit. If your CCJ was date 1 October 2012 or later, an instalment order which is up to date also prevents the creditor applying to force the sale of your home. Final charging orders For the second stage of the charging order process, if you’ve not made any written objections, a court officer or sometimes a District Judge will decide whether to make a final charging order. If you wrote to the court and creditor with objections, or you requested other conditions are applied, the court may arrange a hearing to decide whether to make a final charging order. The hearing will be at your local County Court hearing centre. The hearing will usually be in private chambers with a District Judge and normally a representative from the creditor. The judge will listen to both sides and decide whether to make the final order or not, and what conditions if any are to be applied. Once a final charging order is made, you’ll get a letter from the court confirming this on form N87.   Regards   Andy
    • 100% agree Andy, will try again. TBH, I did expect a little more info from him.
    • Not really ......why .?  But if he can't even remember a small detail such as I've asked like when did he / others start this practice of swiping their own cards then it does not really give me much to work with in any proposed mitigation defence.   Its simple to draft a defence which puts them to strict proof to quantify their losses and prove the amount claimed.   At worse he loses with a much reduced figure...at best he wins because they are unable to prove......but the small details are important and most of all his honesty demonstrated if a mitigated defence is used.   Andy
    • dx100uk,   no he is joint owner.  The interim charge order is already shown on the title register of the property and the other joint owner ( wife ) has been served with the notification papers as per the procedure. 
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Help with MBNA CCA, please. - ***WRITTEN OFF***


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Id send it to see how they respond...

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Did a N1 for my sars off MBNA they sent the paper work day after I filed N1. Wrote to let the court know and asked if I`d be entitled to any wasted costs as I`d still done a lot of work on the case

 

The court have sent papers informing me case going to trial and enclosed a defence sent to court by MBNA I`m to fill in a allocation questionaire

 

MBNA`s Defence is they saying because my hubbie didn`t send a signature they couldn`t comply with my sars request then they said because I didn`t send hubbie`s ID (passport/driving licence) they still couldn`t comply. But Hubbie has not got such ID. Hubbie brain damaged and I couldn`t get him to sign anything

 

In the end I sent a signature to MBNA nothing like my hubbie`s they said they varified the signature and then was able to send the sars but that`s not true the signature I gave couldn`t have been varified as it was mine!!!

 

Can`t understand why court as sent me a date for trial I have received the sars so I would have thought that would have been the end of the matter, apart from me requesting if I could have any wasted costs for MBNA not complying till I went to all the trouble of filing the N1

 

Please can anyone advise what I can do as been sent a AQ to fill in

Edited by Laura Cooke
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Filling in an AQ as a claimant!!! Not done one of those yet. But will watch with interest as I think I've got a couple coming up (inc MBNA lol)

 

You want some of the 'longer in the tooth' chaps that remember the days when it was all about bank charges and putting in claims.

 

Hope you're well LC, if no one comes up with the goods i'll happily help you hunt for 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!!

 

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Hope someone comes along as don`t know if Courts take their defence as being acceptable when we don`t at beginning provide signature but eventually do but not the real one!!! (Yet they state they varified it!!!) and not provided passport or driving licence how can you if you not got them? but what is the Courts attitude on this/ I say if they have been happy to send CCA and statements for years they know who you are and still in presently in touch with customer. Hope someone comes along to guide me through this procedure where are you DD lol:D

Edited by Laura Cooke
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I say if they have been happy to send CCA and statements for years they know who you are and still in presently in touch with customer.

Unsure of the 'posh' wording, but that's the point - you are quite correct :) of course.

________________________________________________________________

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!!

 

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if you are referring to a SAR i would be careful with this argument.

 

the fact is that in many large organisations the data controller is divorced from the general running of the credit operation, indeed in many companies it is a contracted out service and often not even the same company or in the same building

 

The data controller is entitled to ensure the identity of who he is dealing with and therefore i am sure that a court will think it reasonable that he seek that proof of ID

 

there is far too much crap spoken on these threads with regards to lifting of signatures which, whilst it is harmless in itself- will get other caggers on the wrong side of judges if they waste the courts time with petty arguments as to whether they should or should not have signed/ provided id for a SAR

 

a judge who comes to the conclusion that a defendant(claimant) is nit picking and being a smart arse will not IMO be a judge who will readily accept the rest of that persons pleadings in a different light

 

All IMO of course

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I took all my advice off here but my hubbie isn`t a compliant person either and if he won`t sign he won`t sign so I signed the request form MBNA stated they have varified this signature which is rubbish so where are all the cag members out there with the relevant advice for this allocation questionaire

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Any advice what to do about this AQ I have had come this should not have been allocated for trial wrote and told the court that the sars have now come but asked if I might be entitled to a some wasted costs for all the work I put in can`t see why it warrants a trial it seems pointless and wasting more of the courts time

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Hi Laura,

 

Have you ever called them from your number?

 

A lot of companies keep a record of the incoming phone numbers to use at a later date so it's always best to withhold any number you call from.

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Dotty I wouldn`t have thought so it`s my mobile not hubbies and I only ever give my number to family and friends when I have been in contact with companies use my phone line as ex-directory, I wasn`t very pleased

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No I wouldn't be happy about it either!

 

Do you withhold your EX D number when calling people? Being EX D means that your not listed anywhere but I would have thought that the number is still revealed to people you call, might be worth checking just in case.

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Did a N1 for my sars off MBNA they sent the paper work day after I filed N1. Wrote to let the court know that the sars had come so that the case would be at an end I asked if I`d be entitled to any wasted costs as I`d still done a lot of work on the case

 

The court have sent papers informing me case going to trial and have enclosed a defence sent to court by MBNA I`m to fill in a allocation questionaire

 

MBNA`s Defence is they saying because my hubbie didn`t send a signature they couldn`t comply with my sars request then they said because I didn`t send hubbie`s ID (passport/driving licence) they still couldn`t comply. But Hubbie has not got such ID. Hubbie brain damaged and I couldn`t get him to sign anything

 

In the end I sent a signature to MBNA nothing like my hubbie`s they said they varified the signature and then was able to send the sars but that`s not true the signature I gave couldn`t have been varified as it was mine!!!

 

Can`t understand why court as sent me a date for trial I have received the sars so I would have thought that would have been the end of the matter, apart from me requesting if I could have any wasted costs for MBNA not complying until the N1 was filed as I still went to all the trouble of doing all the research and paper work

 

Please can anyone advise what I can do as been sent a AQ to fill in

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I think you all should have a look at my thread (RoyalIrish)

 

Signature Tampering

 

I just got an interesting letter from CapQuest after roasted them for forging my signaturelink3.gif on a dodgy CCA.

 

 

DD this signature tampering does seem to be a reality according to this posting off Capital One thread

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putting ones baby in the microwave (this weeks paper) is a reality........as i suspect are many bizarre occurences

 

but i venture to suggest that the alleged lifting/re imposing of signatures by credit card companies in this country it is not prevalent enough to cause any concern.

 

personally i would be inclined to write to them and point out that the signature you gave them was not you husbans's but yours and and was intended, as it has done, to provide proof that they were being disingenuous and obstructive for the sake of it and that you intend putting this evidence before the court

 

ask them if they would like to re consider their position and let you know within the next 48 hours

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Diddy is correct in one sense in that you providing the signature for your husband has demonstrated their position was completely ridiculous.

 

That said, providing a signature for someone else (without being granted the right to) could also land you on a sticky wicket.

 

I think the best thing to do is write to MBNA stating that you will discontinue on the basis that they meet your costs of attempting to enforce their compliance with statutory legislation.

 

If they refuse, say within 14 days, you will be pressing on with a claim for all of your costs.

 

We can see what their reply is and then advise accordingly.

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