MBNA sold account to Hillseden securities they are taking me to court. Help

[nigtturner]

Hi guys I wonder if anyone can give me a bit of help. I have got to go to court on the 24th September, Hillesden is trying to reclaim a credit card debt that I believe is unenforceable. I have been trying to fight this case by myself for 18 months And am now getting a bit worn down, I have been trying to make sense of the consumer credit agreements regs 1983. so if anyone can give me an idiots guide to it pointing out the relevant parts to credit cards. and translating it from gobuldy gook to plain English I would be very grateful. Also if I can manage to post a copy of my agreement can someone look at it and tell me if I am right in my opinions, I have come to the concussion that trying to do these things by yourself is far to stressful and a bit of back up would be nice, Health Wealth and Happiness to everyone. nigel.

[silverfox1961]

Hi,

I'm going to try and move your thread to the legal issues section as you will get more help there.

Just carry on posting as normal.

To find your thread, just click "settings at the top of the page"

[nigtturner]

hello mate is it possible to re-list my thread with to-days date as it has not had any views and looks like it has been missed cheers nigel

[silverfox1961]

Just giving your post a gentle nudge towards the top where it might get seen

[nigtturner]

Hi every one I could really do with some help I have court tomorrow at 2pm, and they have today sent me an email saying they are changing their solicitor and have put forward a new skeleton argument . I think that they have got an expert in as the argument totally flummoxed me. I am only an ordinary bloke with very little knowledge of the relevant act and regs I thought that I was capable of defending myself but I have now woken up the fact I need help so if there is anyone out there that can take a look at my agreement I would be very grateful.

Health Wealth and Happiness nigel

[AndyOrch]

Hi Nigt and welcome to Cag

 

Your attachments are too Small,l you need to post them using Photobucket or similar.

 

Regards

 

Andy

[nigtturner]

cheers I will be onto that this afternoon nigel

[DonkeyB]

What happened at court on 24 September?

[nigtturner]

hello mate thanks for asking basically I got shafted.because I belive

[nigtturner]

Hello mate thanks for asking,

Basically I got shafted, I am just a lay man and they do not let you have any success in court. Full story later Health Wealth and Happiness nigel

[nigtturner]

Hi every body sorry i have not been about I have had a stinking cold and have been procrastinating , not good I know, In court on the 24th September I was basically made to believe that I was wrong. they the judge and the solicitor made me think that all the prescribed terms ETC where in the agreement, but I am not a legally trained and could not come back with the right replies I am now going to with your help try to find out if any one can help me with some points, I can not put my agreement up as I have not used the site enough yet but hope fully I will put that to writes to day.

[nigtturner]

I am going to go through my points one at a time so hopefully I can get my head around the replies.

first question regarding civil procedure rules part 16 supplement says

7.3

Where a claim is based upon a written agreement:

 

(1)a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

 

(2)any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).

The judge told me that this did not apply to a pre trial hearing and would not accept this ,

They did not have the orriginal in court they had a very bad photo copy of my agreement and the original terms and conditions, the terms and conditions where only given to me on the day of the hearing. hope to hear soon cheers

[nigtturner]

question number two regarding signatures I put forward the point that the agreement was not signed by the creditor, and sited consumer credit act part 61.—(1) A regulated agreement is not properly executed unless

(a) a document in the prescribed form itself containing all the prescribed terms

and conforming to regulations under section 60(1) is signed in the prescribed

manner both by the debtor or hirer and by or on behalf of the creditor or owner,

and

(b) the document embodies all the terms of the agreement, other than implied terms,

and

© the document is, when presented or sent to the debtor or hirer for signature, in

such a state that all its terms are readily legible.

he then told me that because as he had bamboozled me into thinking all the terms and conditions were in the document so this did not matter, by siteing I beliive the consumer credit agreements regulations I don`t know which part I will have to try to look it up. is this true.

[nigtturner]

sorry i have not been able to post my agreement but I have not used the site enough yet, not only that I am having issues with using photo bucket and could do with an idiots guide

[nigtturner]

Can any one tell me is it out of order for me to ask all my questions before posting my agreement as then by the time I have asked all my questions I will be able to post them.

[silverfox1961]

Or you could make up a few:madgrin:

 

"What is the meaning of life"

"Is the moon really made of cheese"

[nigtturner]

Is there anyone that can answer my previous questions before I start asking others and make things complicated.