Claim form received from Drydens - MBNA debt poss faulty DN?

[tony3x]

Sorry for not replying earlier Andy.

 

No they did not ask for consent.

 

Another thing I have noticed is that the first set of T&C's supplied with the original CCA request are different to others that have been subsequently supplied. What is interesting is that they all state that the fee for going over the card limit is £0, however I have been charged £12 on a few occasions. My take is that they have either not supplied all the T&C's or the ones that they have supplied have been made up. Whatever the case it could be that they have not fully satisfied the CCA request so therefore possibly not enforceable.

 

Fingers crossed.

[tony3x]

Not good. Summary Judgement awarded.

 

As expected the short service of the DN was allowed. The fact that the varied T&C's I have are not consistent with the charges quoted on my statements was dismissed as the claimant stated that the original T&C's allowed for the terms to be varied. I thought that if they varied the terms they should issue new ones.

 

Hindsight, may be should have taken advice.

[AndyOrch]

And costs for the day on top I assume Tony?

 

Not nice to lose I know but I would never advise arguing DN,s and T&Cs...most County Court Judges really cant be bothered with the detail and will always refer to the overriding objective.

 

Commiserations......now sought out your payment arrangements before they try the next stage.

 

Andy

[tony3x]

Re sorting out the payment arrangements before the next stage, what do you mean?

[AndyOrch]

Forthwith.... Payment plan.....?

[tony3x]

I assume that I now have a CCJ.

 

Do I contact them or will they contact me.

 

The legal guy representing them took an income & expenditure before we went in and we discussed how much I could afford. He called them and they said no. He mentioned a Tomlin and also a charging order. Was prepared to look at the charging order if there was no CCJ as in a few years I may be able to remortgage to settle. They did not seem interested.

[AndyOrch]

You will receive a General Order Notice of Judgment...this will confirm the payment arrangement.Once you have this then you can consider your options subject to what it is.

[tony3x]

Thanks Andy,

I appreciate all the help I have been given and will make a donation when I have some spare (probably after christmas)

[AndyOrch]

[tony3x]

Just a thought.

 

By going through my T&C's there has been a change to the amount of the fee for going over the card limit. On the original T&C's it was £12 but on the later (varied) ones it is £0. I have statements that show that I was charged £12 on 2 occasions where the varied terms were in use. This would make the amount of the default wrong.

 

May be clutching at straws but could this be possible grounds to appeal the judgement.

 

Thanks

[Guest]

Not good. Summary Judgement awarded.

 

As expected the short service of the DN was allowed. The fact that the varied T&C's I have are not consistent with the charges quoted on my statements was dismissed as the claimant stated that the original T&C's allowed for the terms to be varied. I thought that if they varied the terms they should issue new ones.

 

Hindsight, may be should have taken advice.

 

commiserations tony

varying doesnt usually require a whole new agreement. is usually when is to a new different card or substantially new terms.

2 12£ re the def amount cld poss also be seen as de min. eg woodchester lease case

as you say, as the saying goes, 'hindsight is a wonderful thing'

you can still try come to an instalment arrangement, or a charging order (which wld avoid any immediate payments subject to there being a charge on the ppty)

were they awarded costs against you?

ps, re appeals see cpr part 52 etc

[tony3x]

Hi Ford,

It appears that new T&C's were issued when a new card was issued. This meant, among other things, new interest rates and fees.

 

The claimant was awarded costs but they were reduced as they did not file their response to my defence in time.

[AndyOrch]

Responding to your PM Tony......

 

Yes straw clutching........arrange payment method and move on.

 

Regards

 

Andy

[Guest]

Hi Ford,

It appears that new T&C's were issued when a new card was issued. This meant, among other things, new interest rates and fees.

 

The claimant was awarded costs but they were reduced as they did not file their response to my defence in time.

 

 

re the def amount/dn. as per that case link i posted #147, it seems, atm, that there wld need to be a substantial deficiency in the dn. did you raise the def amount in court?

re terms and different rates/fees, afaik, that is something that can be varied, as the j said. and if a new agreement was required/sent re being a different card and it needing to be signed/executed was in issue, then that shld've been argued. but, that seems to be post?

am not up to speed with whole thread, so excuse if wide.

ie, seems then as per andy.

[tony3x]

I have been lucky enough to be able to borrow the money to clear the judgement.

 

 

I have had a letter from the court notifying me of the judgement,

 

 

am I likely to receive anything from Arrow

 

 

or should I just contact them to pay it off.

 

thanks

[AndyOrch]

Just contact Arrow and arrange payment...retain proof of payment and ask for acknowledgment

[tony3x]

Thanks