Hilesden securities court papers received ** Discontinued ***

[john]

Hi I have just been through all the papers sent by DLC and there is no account number anywhere. How can I send the SAR with no account reference number?

[gh2008]

You're not sending it to DLC you are sending it to the ORIGINAL CREDITOR i.e. MBNA so you want the account number from MBNA

 

If you seriously have no records at all of the MBNA account number then they should be able to identify the account themselves from the name and address

[john]

Yes, sorry, I know I'm sending it to MBNA but the only documents I have relating to this are the court papers and these received from DLC this week, and none have any account number on. This is from 1999 and the chances of there being any other documents are zilch!!! I am going to have to ask them to do it from the name and address.

[the_shadow]

Hi I have just been through all the papers sent by DLC and there is no account number anywhere. How can I send the SAR with no account reference number?

 

err a SAR is not all information that is relevant to an account, its all information they hold on you as a person.

 

S.

[john]

right, thanks for clarifying that for me.

[john]

just printed the letter out, and was wondering will MBNA be able to identify this account, as the address now is not the one from 2002 when they sold the debt. He has had loads of addresses since then. Do I need to give them the address on the application form they have sent me?

[gh2008]

The reason you would normally use the account number is help to identify you - so without that, yes give them enough info to be able to uniquely identify the 'data subject'

[john]

Thanks, will do.

[john]

Sorry, been down with the lurgey all weekend and only got round to posting the SAR today.

 

Just wondered if Hillesdens/Aplins/DLC might try to say that their sending of the application form and transfer of debt papers is a response to the N244? Is that possible?

Edited January 10, 2011 by john

[Dotty50]

http://www.consumeractiongroup.co.uk/forum/content.php?620-Charging-Orders-A-Very

 

Found this for you John, hope you are feeling a bit better now!

[gh2008]

Ok, the DJ will look at your app, then look at the POC.

Unfortunately, they are very unlikely to strike it out completely - although, by rights, they should.

BUT it is VERY likely they will make an order as requested.

 

The Claimants MUST comply with that order else their case will be struck out, as it was in Gazbo's.

Them sending some random documents that are not referred to in their POC at all is not a re-pleading

 

Rather than spend you time worrying about things that may or may not happen, spend it wisely reading up on as many Hilesden cases and then read through a few others in the legal forums and that will put you on a much better footing. Search out the 'What if the Judge asks ...' thread, that's an interesting read

[john]

Hi GH, I am reading anything anything I can find regarding all 3, Hillesdens Aplins and DLC on here and any other site they come up on. I know it might look like I am worrying about things that might not happen, but as I recieved their letter at the same time as the N244 was submitted I just wondered if they would get away with telling the court they had sent the information, as quite often they seem to get away with anything. (Vicky)

[john]

http://www.consumeractiongroup.co.uk/forum/content.php?620-Charging-Orders-A-Very

 

Found this for you John, hope you are feeling a bit better now!

 

Thanks Dotty, its me been down, not John. Much better thanks, and thanks for the link. I think its becoming frowned on to go for charging orders, but they'll keep trying to push them through whilever they can. On LB website the govt seem to be looking at no charging orders on debts under £25000, although still turning unsecured debt into secured. (vicky)

[Dotty50]

http://www.consumeractiongroup.co.uk/forum/showthread.php?191353-What-if-the-Judge-asks.....................-....&highlight=what+if+a+judge+asks

 

A bit of bedtime reading john! (V)

[john]

Vicky:-

 

Thanks Dotty, will read through it later. I'm going to start all my posts from now with my name so everyone knows who they're speaking to.

 

Straight after fluey type bug have now had tummy bug and doc told me run down due to stress (I have stress related disability which doesnt help!!!) I usually log in here at around 7pm and have often still been posting/reading threads at 4-5am so doc has rationed me!!!

 

I also have my own issue with MNBA at the moment, so have that to sort out aswell, but I am going to try to cut down to max 4 hours a day. Trouble is when you're on here and reading everything voraciously time just flies, don't you find?

[Dotty50]

I am a night owl, but not quite as late as you!

 

I found it very addictive and still do! But try not to subscribe to too many threads, although I still read many, but how else do we learn and of course offer assistance if we can?

 

Try and de-stress and hope you feel better soon.

[john]

vicky:-

 

yes, very addictive!!! Its so interesting to see whats happening with those in front of you and those following, and to try and keep up with all the legal requirements. Still it keeps me busy.

 

to cap it all my computer died at the weekend and my files for johns case were backed up but my latest complaint letter to mbna wasn't so although I sent it recorded I don't have a copy. Nightmare!!!

 

As my nan used to say 'these things are sent to try us'

[john]

Vicky:-

 

You take the form to the Court, hand over the fee £40 for no hearing £75 with (try for no hearing - they may get back to you saying it must be with hearing but they shouldn't do)

 

You then wait for a random amount of time (depending on how busy/efficient your local Court is) they you will receive something back.

 

let us know and we will advise

 

IF you are talking about how long to put in the order put a date about 14 days from the submission date - the Court will choose their own date anyway

 

The draft order gave until 21st to respond, nearly 3 weeks. I know you said the court will choose their own date anyway, so is the date I put irrelevant. I have heard nothing from anyone, should the court have acknowledged receipt of the form as they did the defence?

[gh2008]

can take a couple of weeks to process, if you don't hear 2 weeks from the application date, give the Court a ring and ask - they are usually very friendly and helpful

[john]

Vicky:-

 

Thanks gh2008. Well we took it in on the 4th and gave them until 21st to respond so will phone court on friday if we don't get any reply before.

[leopard lady]

subbing

[john]

Vicky:-

 

Sorry for more questions.

Spent hours at daft o clock going through the actual Carey v HSBC case. (I reckon Waksman works for a bank!!!)

Although quite a bit of it was difficult to digest, I get the impression that the lenders can now conjure up any old form and terms and conditions, and say that its the original credit agreement, the prescribed terms can be on as many pages as they want, and, indeed, some don't have to be there at all.

In which case could they argue that the application form dcl sent us is complying with the cca request? Or is it only if the creditor is the defendant?

I read that there is provision for variable credit agreements to still have the original agreement produced, so would this apply in Johns case?

Also it appears to me that the companies advertising to wipe out your credit card debts have messed things up for everyone else.

[gh2008]

Ok, for an S78 (CCA) request they can conjure up a document as long as it is a true representation of the contents of the original agreement.

 

as for S61, S65 & S127(3) enforceability it is more complicated

 

The breach of S78 that all the CMCs jumped on was really never a way of proactively getting 'your debts wiped' as they were only ever unenforceable whilst the default continued. Although after 6 yrs the Limitation Act kicks in anyway.

 

The problem with Carey et al is that it is misquoted and rather than used in its context is used in the context of S61, S65, S127(3) enforceability issues where IMHO it does not apply

 

The Rankines' cases are also worth a read as it very clearly spells out a few things in there as well.

[john]

Vicky:-

 

 

The Rankines' cases are also worth a read as it very clearly spells out a few things in there as well.

 

My homework for tonight, then!!!! Thanks again gh2008. You're a fantastic teacher.

[john]

Vicky:-

 

Nothing in post today so looks like a phone call tomorrow to court.

 

Been reading through a few threads again today and noticed that people have sent copies of all the papers they've sent to court (in my case the defense and N244) directly to the claimant aswell. I haven't done this, should I have?