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Hi ZENTRIX9

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.


Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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Your thread has been moved to the correct forum.


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Received a default notice, can anyone tell me if its valid or not?

Sent via UK Mail with "S" where the stamp should be.

The account is in dispute as the cca they sent me is very blurred, bad copy.

Dated 10th jan, remedy date of 31st jan

I will upload a scan once I figure it out. Keeps uploading too small.

mbna default scan.jpg

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My wife has been issued with a default notice by MBNA.

It is dated 9th January sent first class so I make it valid by two days.

However it was sent first class but it was not delivered until 14th January! plua 14 days from date of service takes it 1 day over. Does this make the default notice invalid?

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The 9th was a Sunday so it wouldn't have been posted until the Monday and although you didn't get it until the 14th the courts will say that it was deemed served on the 12th. If the cut-off date is the 26th or later then it will be OK,


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Moving thread to MBNA section.


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Deal with your debts:

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I have received a consent order for me to sign, reading it I am not sure wether if I do sign it I am saying I agree to pay the costs in the case. Can someone have a look at it for me please. I have to send it back today.

 

http://i911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/consentorder.jpg

 

Also can someone tell me if my default notice is valid or not. The date of service seems right but the prescribed wording is all bold and one word is not underlined. Am I right in thinking that the underlined words should stand out from the other wording to be valid?

 

http://i911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/mbnadefaultscan.jpg

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No you don't have to pay the costs of the application upfront. They are reserved until the outcome of the main trial.

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I have been reading through some threads and need someone to clarify something.

I have read that if one of the prescribed terms are missing that the agreement is not enforcable.

I have also read something about APR and Rate of interest not being the same.

 

On my MNBA agreement it states "your annual percentage rate is 15.9% APR (Variable)"

 

I have read that it should show the rate of interest, does this mean that the above is not correct and cant be used as a prescribed term.

More importantly does it make the agreement unenforcable?

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90% of the paperwork errorsdodges were killed by carey and rankines cases

 

+ we dont do debt avoidance here - sorry

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Single Premium PPI Q&A Read Here

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Thanks for that DX, I am not trying to avoid the debt, I am making sure that if I have to pay them that their paperwork is all legal and above board. I am just looking for stalling tactics the same as most people who visit CAG because we are treated unreasonably by the lenders who think they can get away without dotting the i's and crossing the t's on their so called contracts.

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if there is a clear financial link and statement and payment history

and a recon agreement or even a real one....

then why bother?

 

if you REALLY want to stand infront of a judge and effectively say 'that debt is not enforceable'

 

then go for it.

 

but i bet you the judge won't see it that way..........

 

if you've got debt issues

 

there are plenty of otherways to resolve your issue rather than wasting time on 'paperwork' errors

that will never wash.

 

those days are long gone.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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DX, mine is a little complicated,

 

I have a section 75 claim that they are trying to get out of paying for nearly 2 years now.

 

They are taking me to court because I have stopped paying to bring it to a head.

 

I owe the money because they wont refund me.

 

Maybe if it goes to court the judge will take my side.

 

The claim is for half of what I spent, the other half has been paid out by another card company without any problem 18 months ago.

 

They just keep asking me for more info and the same documents, stalling tactics thinking I will get fed up and give up.

 

I am just looking for extra ammo in case I need it in court.

 

Any suggestions will be gratefully received.

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although most of your threads seem to end with no-one

wanting to help [is that a sign?]

 

is there one running on the sec 75 that you mention?

 

as it might be better to get help on that

 

it appears you are getting help elsewhere to be this far fwd

or

am i missing something?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I dont know what you are getting at "a sign"?

I dont think I have one running specifically on the section 75 but I can post up all the info on a new thread.

Not getting help anywhere else, only from reading threads on here. I read a lot and try to absorb as much info as I posibly can, I cant afford to employ solicitors, I know how costly they can be from past experience so I have to do it myself.

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that answers the questions nicely.

 

p'haps it might be an idea to outline what you are going through

as members might well be shooting in the dark if they dont know

the full story and you might not have your 'thoughts and research correct' either.

 

we can only help given the full story TBH

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Ok thanks DX I will post a new thread, I have other cards in dispute at the moment.

 

Most have faulty default notices and a coulpe also admit they cant find the original document.

 

I will list them here with links to the thread hopefully later today.

 

Finding this site when I needed help is the only thing that has kept us going.

 

We lost a well established family business and got into a lot of debt.

 

You will probably see from some of the threads I have posted that I am looking at other things and also trying to claim back bank charges on the business we lost.

We were stitched up good and proper by HSBC.

 

This time has allowed me to take things in hand and start a new business which is doing very well now although I havent drawn a wage for over 2 years to enable the new business to grow quicker.

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