Jump to content



Please note that this topic has not had any new posts for the last 2393 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

  • Replies 274
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

  • 1 month later...

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.

Link to post
Share on other sites
  • 2 weeks later...
  • 3 months later...

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

Link to post
Share on other sites

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?

Link to post
Share on other sites

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,

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites
  • 2 months later...

Moving thread to MBNA section.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites
  • 10 months later...

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

Link to post
Share on other sites

Default Notice looks fine Zentrix.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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?

Link to post
Share on other sites

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

 

+ we dont do debt avoidance here - sorry

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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 don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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 don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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 don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...