restons/mbna claimform - now CCJ+CO - set aside?

[jcbkabs]

hi just had my agreement back off mbna but in term 3 it says as per section 4 but there is no section 4 ive posted it on photobucket link below.

http://i700.photobucket.com/albums/ww2/jmsgas/mbna/mbnaagreement.jpg

is this enforceable?

what should i do next?

 

 

cheers

 

jmsgas

[steven4064]

What is term 3?

[jcbkabs]

hi issued a 77/78 request on mbna and had the following back am still paying it at the moment but need help in what i should do next have put the letters on photobucket

 

mbna pictures by jmsgas - Photobucket

 

 

cheers

 

jcbkabs

[jcbkabs]

hi here' what i've recived off mbna mbna pictures by jmsgas - Photobucket

 

 

cheers

 

 

jcbkabs

[steven4064]

I can't really read it but it looks like one of MBNA's (several) standard agreements. This one is not properly executed but a court could enforce it

[jcbkabs]

what should i do next?

[steven4064]

What are you trying to achieve?

[jcbkabs]

trying to see if i could get out of having to pay it back

[jcbkabs]

in section 3 it as per section 4 but there is no section 4? any ideas

[MondeoST24]

I can't really read it but it looks like one of MBNA's (several) standard agreements. This one is not properly executed but a court could enforce it

 

Hi Steven,

 

Could you explain - why is it not properly executed, and if that's the case how can a court enforce it?

 

The reason I ask is i'm at a similar stage with my girlfriends MBNA claim - this "agreement" is idential to ours and they issued proceedings yesterday.

 

Thanks

[steven4064]

To be properly executed, it must comply with all the requirements laid down in Schedule 1 of the the Consumer Crdit (Agreements) Regulations 1983.

 

(Having looked again, it may actually do this although it is hard to tell)

 

If it deos not comply with every detail, it is not properly executed as specified in s61 of the CCA 1974. Section 65 says that an agreement that is not properly executed can only be enforced by court order.

 

However, s127(3) and (4) lay down a minimum requirement for a court to be able to enforce an improperly executed agreement. The basic requirements for s127(3) are laid down in Schedule 6 of the above regulations.

 

The agreement you have posted does comply with thes requirements and thus a court could enforce it. A court may choose not to but is not prevented from so doing by the regulations.

[Guest Old_andrew2018]

Bump

[popeye1]

It should be clear to read so you may check it.Maybe a letter asking for a better copy for now [also the terms at that time the ca was issued]

[jcbkabs]

hi

 

how would i word the letter to them?

[popeye1]

I cannot read it well so donot know if it is good or bad.

I beleive they have [i hope you recorded your request] 12 +2 days to send their reply after which you may if you wish stop payment,only if they donot comply with your request,however without a clear copy of your CCA you donot know how good your position is.There are letters in the letter library but maybe a nice request from yourself this time and see what comes back.Be sure of how far you want to go on this though.Better advice could be along shortly

[jcbkabs]

HI what can i send to mbna as i'm currently looking to try and get my out goings down as no money coming in at the mo due to starting a new contract and beening on 120 days payments. so looking at this agreement again as the the agrrement refers to othe terms and conditions which are not there on the application would this be enforceable or unenforcable. would be nice if there is a way out of it

[jcbkabs]

Hi

recived a Letter off restons again with the wrong address on it they've used this on the county court claim which i have recived but address is different to the on mbna statments. letter shows a court date of tommorrow. but not recived any thing off the courts sent a for back to them about a month ago stating the address restons where using is not mine and has never been mine and also different to the one MBNA use.

 

what should I do ?

what solicitor could i use in south wales?

[Old Cogger]

Hi

recived a Letter off restons again with the wrong address on it they've used this on the county court claim which i have recived but address is different to the on mbna statments. letter shows a court date of tomorrow. but not recived any thing off the courts sent a for back to them about a month ago stating the address restons where using is not mine and has never been mine and also different to the one MBNA use.

 

what should I do ?

what solicitor could i use in south wales?

 

If what you are saying is correct, get to the court to-morrow yourself and point out to DJ or who ever the suggested paperwork addresses differ, could be the old trick of DCAs sending to old address, then they get CCJ by default as the person would not of known it, then all the hassle of set a side cost etc etc, others will be along I am sure to further advise, but do not sit on it, go there to-morrow, probably be adjurned and slap on nuckle for Restons (crooks)! take along the letters & court papers you have.

[NewToTheFight]

Watch pestons, they play by the rules only when it suits them.

[jcbkabs]

ok will go over the court this morning

then looking to get a solicitor would this i be able to get legal aid if i entitled?

[jcbkabs]

Went to court to day and the DJ adjoured it for 21 day.

would like to make an offer for full and final payment and if they accept it i woun't go back with a counter claim for harassment if they accept is but need to know what to put in it

 

 

he didn't like me pointing out that they had a different address to the one their client uses and tthis has never been my address and are you allowed to change the date on the copied default notices

but the one they didn't like was don't you think more than 2 phone calls aday is harassment? and you have the list of calls there can i have a copy of them as you client(mbna) hasn't responded to my sar request

[NewToTheFight]

You could write to MBNA with a letter marked 'Without Predjudice except as to costs'

In that letter make them the offer that you feel is within your means. For what it's worth, I made an offer to Natwest, they did not answer so after 3 weeks I sent them a cheque from a third party, referring to my offer, as full and final settlement. The cheque was endorsed that it was only to be cashed as F&F and the accompanying letter stated the same. I offered 25%, they cashed the cheque. A few weeks later I received a letter from Scotcall, I wrote back saying prove it & have heard nothing more.

You may wait a while for your letter to be answered so continue to prepare for trial, esp make your CPR requests.

When communicating with Restons use the EXACTwording they used in their POC if you are requesting documents otherwise they will not supply

Keep your eye on the time scale, always respond by the dates instructed by the courts.

 

Suggest you research full & final settlements.

[jcbkabs]

once i've written the letter is it best to email it to restons of post it to them and mbna

[NewToTheFight]

Post to MBNA, not Restons.

In the meanwhile you must also start to work on your defence!

have you got the agreement/ Default Notice /Termination notice.

Was there PPI applied to the card

[OnMyWayOut]

Watch Restons though. Even if MBNA pass on the documents to them to forward on to you Restons may decide that you aren't entitled to them for some flimsy reason, especially if there's anything that might help your defence of the claim.