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MBNA/Restons CCJ (forgot to file defence) now have CO too, - want to set aside - CCA is pants!!


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Ganymede, default CCJ issued in 2010, CO unopposed, no apps, no other thread

 

 

 

Thanks. A few more questions please.

 

1) Why was judgment granted in default?

 

2) when did you find out about the CCJ?

 

3) why was the CO not opposed?

 

 

Thanks.

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Absolutely, can you please give us the full story in one hit rather than in bits and pieces.

 

Can you also please let us have some form of time scale to work to.

 

I appreciate that you are probably very stressed, but please be aware that all caggers are volunteers most have day jobs and therefore might not be around when you post.

 

They will respond as soon as they see that you have posted :)

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Ganymede, I received the claim from Northampton, made CPR request, got a reply, could not think of a defence, and let it go.

The case got transferred to a court a long way away from me and next thing CO arrived, interim then final.

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And this was in 2010 ?

 

So what is happening now that you need to prepare for? Are you attempting to set aside the judgment for some reason ?

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

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5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I think you are going to seriously struggle to get this set aside so long after the judgment was awarded. Especially as you appear to have received the original claim and failed to defend !

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have sent an S.O.S on your behalf to someone who might be able to help.

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Yes, and I think the only chance is to supply a good defence

 

And all I can think of is the unenforceable agreement s127(3) defence, just need someone to make sure I state it correctly with reference to CCA Act and regulations. That is unless someone thinks there is an alternative.

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Firstly I cannot read your agreement? so it makes it difficult to see if it are compatable with the T&Cs.

 

However, just check the part that states Data Protection- It asks you to read a certain condition- it looks like condition 13 or 14... however in your t&c data protection does not seem to have a reference next to it.

 

Too dfficult to read agreement to make any other observations.

 

The Agreement you have posted in #1, is that the back, front or the only side there is? Is there a more legible copy?

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I don't think tele numbers will form a defence. Just because the usual reasons a court cannot enforce are the non compliance with prescribed terms. Tele numbers are not one of the prescribed terms.

 

Your agreement looks vastly different to mine, but 5 years apart so they may have learnt and rectified the breaches by then?

 

Only my opinion but others may be able to advise.

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It is borderline, and I would rather not rely on it in case the judge is eagle-eyed:)

 

The prescribed terms (S61(a) I think) look ok, it is the required terms (T&C) under s61(b) that that are what is referred to on the NON-SIGNATURE side (the reverse) this is to COMPLY with S.189(4) 'embodies' the terms required by the Agreement regulations so that they must either be in the agreement OR in adocument referred to in it.

 

 

 

You are absolutely right Alloyz1. Apart from the phone numbers, the orphaned Data Protection references further prove that the T&C are a separate, unrelated document. I just need someone to state it with reference to the law paragraphs, to demonstrate that the agreement was enforced in error, so that I can submit this defence with the set-aside application.

 

I may not get anywhere, but I will go down fighting :)

 

DonkeyB, you are very quiet

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Data protection is not a prescribed term... The DJ could enforce if based on a few minor technicalities.

 

You need to review the whole agreement; and when it refers you to a clause in the terms and conditions, check to see if that clause in the T&C corresponds to the agreement, a bit like I have pointed out with data protection.

 

I cannot read the agreement so unable to do it.

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Alloyz1, I am not talking about Data Protection. or the prescribed terms. I mean the required terms (other than the prescribed terms), i.e. T&C, and this I think is also part of the s127(3) unenforceability criterion, but not under s61(a) prescribed terms part, rather under s61(b) - required terms not embodied. Still section 61. It does not look like a minor technaicality, but a major breach similar to lack of prescribed terms, just under a different paragraph.

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Alloyz1, there are parts of agreement I cannot read (some I can guess). Looks to me as there are no obvious errors in cross-referencing to T&C, apart from Data Protection (and phone numbers being different). It looks like the readibility is similar for you and me, clearly not totally readable. What defensive value would that be, in your opinion?

 

Thank you Alloyz1

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IMO

 

Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557).

 

Regulation 2 states:

 

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

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