Ccbc aktiv kapital/judge & priestly set aside help needed

[AndyOrch]

Irrelevant posts removed and thread tidied.

 

Regards

 

Andy

[Dotty50]

So now I can't send superlandlady a PM!

[AndyOrch]

Why was the link on costs to Law Gazette removed?

 

Why did you post it.....? We already have the relevant information and Practice Directions with regards to costs and procedures contained within the sticky section of the Financial Legal Issues.

[Superlandlady]

I posted it because I thought it will be useful for everyone. It was from my own research. Do you have this exact article on in that section? You are policing this thread forcefully and unnecessarily. People should be able to share information without it being deleted instantly.

[AndyOrch]

Yes we carry all the exact same information within our Stickies Section which is open to all CAG users to use and copy.

 

The only reason that I am being drawn to this thread and in your opinion moderating this thread forcefully is because of your initial post #24 and post clocking to enable PMs to be sent.

 

I cant understand what is so vital that it cant be posted on your thread and so to use your words " it will be useful for everyone ".

 

We try to discourage PMing advice...(for both parties concerned) which is adverse to the Forum Rules Practices and Guidance that you agreed to on your subscription

 

I trust the above explains my actions.

 

Regards

 

Andy

[Dotty50]

http://www.consumeractiongroup.co.uk/forum/showthread.php?253588-Lloyds-TSB-Dotty-s-OH-Lowells-Stat-demand-Issued...***set-a-side***&p=4417749&viewfull=1#post4417749

 

I hope this post is considered relevant?

 

The SD was issued by a different claimant and the OC is also different, however I think the last paragraph in my link is pertinent to the ordeal that superlandlady is and has been going through for some considerable time.

 

I also believe from information I have discovered, that old MBNA Virgin cards (pre April 2007) are unenforceable.

 

I am in the process of having a claim defended which was issued by Judge & Priestley but because of the amount of the claim and personal health issues, I have used a solicitor.

 

I have simply been trying to assist superlandlady, this is a £22k debt so she needs urgent help imo.

[shamrocker]

I lost a Fast Track claim on an old Virgin/MBNA account last year. Claimant was AK and sols J&P. Naivety did me no favours though.

[Superlandlady]

I lost a Fast Track claim on an old Virgin/MBNA account last year. Claimant was AK and sols J&P. Naivety did me no favours though.

 

Yes, I think its the case here as well. I don't think the pre 2007 cards are "unenforceable" if they have "evidence" - Dotty50 - the evidence being the cc statements and the signed contract.

 

I have to ask SHAMROCKER - what do you mean by 'Naivety did me no favors'?

[Superlandlady]

I hear what you say. However, I find your demeanour unpalatable. There is nothing that complicated that "it cannot be understood". I don't want to waste my breath on this issue any more.

[Superlandlady]

http://www.consumeractiongroup.co.uk/forum/showthread.php?253588-Lloyds-TSB-Dotty-s-OH-Lowells-Stat-demand-Issued...***set-a-side***&p=4417749&viewfull=1#post4417749

 

"I also believe from information I have discovered, that old MBNA Virgin cards (pre April 2007) are unenforceable."

 

Thank you Dotty50. I really appreciate your comments.

 

 

However, I am really not sure this is the case.

I am now using a specialist solicitor who has been seeing AK and solicitors Judge and Priestly at court on a regular basis.

When they have the copy of the contract, all the statements and the signature, it is very much enforcable.

 

 

The best I can hope for when the trial comes (if they don't accept my settlement figure), will be the judge will rule for an "unfair relationship"

based on some facts in my defense and a possible reduction of debt when I challenge the fairness of charges.

But the contract will seemingly stand.

 

Dotty50, thanks for the link, I'll check it out.

[shamrocker]

See my reply at the bottom of this thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?448156-1st-credit-claimform-2004-M-amp-S-card-debt/page2

 

That's my understanding of how you need to overcome these claims - challenge the existence of one or several prescribed terms and put them to strict proof to display the original in court.

 

In terms of naivety - I didn't understand the process and lacked the experience to focus in on key details that would offer a valid defence. I'm no expert now, but I'd make a much better fist of it.

 

Sham

[shamrocker]

Just had a proper read through this thread. Is your primary defence that the debt is statute barred? If so, why do you need to worry about the enforceability of the actual agreement?

 

Sham

 

EDIT: Sorry, I see your reference to the SB situation above. I didn't read that bit properly.

[Dotty50]

Hi, do keep us posted on how things progress, I do hope you can reach an acceptable conclusion.

[Superlandlady]

Thanks for your comments Sham.

 

The statement you make in terms of challenging prescribed terms is very generic.

In the face of evidence everything fails.

One is really hard pressed to say 'No, I did not sign that' where there is a clear evidence with the signature making the contract valid.

Prescribed terms is pretty much - when you borrow the money, you have to pay it back. Unless, I'm unaware of something you are privileged to know?

 

My case is in the hands of a specialist lawyer now - I had a very good go at it myself, for a almost a year and a half - with one single purpose which was Setting Judgement aside. I have succeeded, only to be brought back to the starting point of defence.

[shamrocker]

The statement you make in terms of challenging prescribed terms is very generic. In the face of evidence everything fails. One is really hard pressed to say 'No, I did not sign that' where there is a clear evidence with the signature making the contract valid. Prescribed terms is pretty much - when you borrow the money, you have to pay it back. Unless, I'm unaware of something you are privileged to know?

 

My case is in the hands of a specialist lawyer now - I had a very good go at it myself, for a almost a year and a half - with one single purpose which was Setting Judgement aside. I have succeeded, only to be brought back to the starting point of defence.

 

What evidence has the claimant (AK) produced?

[Superlandlady]

The evidence was: the copy of the original contract with my signature clearly visible with the dates, statements, witness statements etc. The whole thing.

[shamrocker]

In that case, you're stuck with challenging the contents of the agreement, deemed to have been supplied as a true copy of the original. My scenario was based on being supplied with either an illegible microfiche copy or no agreement at all, and a recon in it's place - this is very often the case.

 

My advice - based on having been through Fast Track myself - is not to drag it out any longer than necessary if you think you're fighting a losing battle. It's best to try to settle early and try to lower the liability by avoiding the interest and costs.

 

Good luck whatever you decide.

 

Sham

[Superlandlady]

Sham,

 

Thank you for your good wishes.

The deference is in the hands of the Lawyer and I expect a settlement figure to be reached soon.

[shamrocker]

It's a shame they seem to have such a good quality copy of the agreement. I hope you can get the matter settled and put behind you very soon.

 

Sham

[Dotty50]

Mine's an illegible small slip of paper but it does have my signature.

 

T & C's questionable.

 

Also statute barred, which is confirmed in the statements that they have supplied!

[Old Cogger]

some idiot Judges will accept that, and get nasty if you argue point, that is what this country call justice = NOT

[Dotty50]

Hi superlandlady

 

PRA have discontinued their claim today for my case.

[jackreacher]

have the agreements DN etc been posted as I cant find them. Happy to have a look .

 

Regards Jack