MBNA/Vardey/Aktive capital claim form

[dubs1967]

??? first you've said about this.

 

 

dx

 

No I've mentioned it ! Has this thread being moved ?

[dx100uk]

ah yes bottom of post 53 yesterday sorry must have missed that when on a small screen.

 

 

dx

[dubs1967]

ah yes bottom of post 53 yesterday sorry must have missed that when on a small screen.

 

 

dx

No probs )

[dubs1967]

I feel I've been shafted.

 

 

I must admit to being very poor in court.

 

 

Although I tried I wasn't prepared for the solicitor/ judge relationship.

 

 

I felt out of my depth and knew the probable outcome after 10 minutes .

 

 

The solicitor was well versed and devious.

 

 

Good cop bad cop routine.

[dubs1967]

What ? Title change ?

[dubs1967]

Just reading the Default notice."This statutory notice is to tell you that in order to remedy this breach you must pay the full amount of your outstanding balance which is £xxxxx by 24/09/2009. But they sold it on 30/08/2009. How the hell can that be lawfull.

This is the breach !!

[dubs1967]

I didn't get a NOA from MBNA!!

[dubs1967]

my defence..

 

28/03/2014.

 

 

I do not acknowledge any debt to this company and refute the POC.

 

 

Any payments made thus far were made under duress as the account is in dispute.

 

 

This account and another were the subject of a settlement offer from MBNA which they breached.

 

 

No notice of assignment was recieved from MBNA and the default notice(defective not my account number)was dated 7th september 2009,

with the claimants date on POC 31st august 2009.

 

 

This is a clear breach of section 87/88 1a and others of the cca on default and termination notices. Action cannot proceed.

 

The POC confirms my previous dispute with MBNA that they sold this account whilst i had a settlement offer in place untill the 25th sept 2009.

This is a clear breach of section 87/88 1a and others.

 

 

I have requested documents from the claimant under the CCA section 77/78 on the 2nd march.

Allowed 12+2 and to date have still not recieved a reply.

 

 

Most of the points raised in my defence have been heard at the previous hearing (case no xxxx) for summary judgement

which MBNA failed to acheive due to irregularities and defective default notice.

 

 

The summary from the judge was

"The left arm doest know what the right arm is doing"

 

 

I have all the original documents in place and would request any documents from the claimant are original and true on MBNA headed notepaper.

 

 

xxxxxxxx

 

Bump

[dubs1967]

Who's changed the thread title ?

[AndyOrch]

Which title did you prefer dubs?

 

Andy

[dubs1967]

Which title did you prefer dubs?

 

Andy

 

Original please. It's gone off on a tangent !

[dx100uk]

your thread title in post 39 is what you quoted

but I don't think that reflects the fact that you wish to set aside due to the DN issue

 

 

which I think in all honestly doesn't stand a chance.

 

 

dx

[dubs1967]

I will continue to post irregularities in this case to help others in their quest for justice ! I have made mistakes but will continue to fight ! The world is unjust !!

[AndyOrch]

Original please. It's gone off on a tangent !

 

Done

[dubs1967]

Sounds as though im goosed then ?

 

 

I am loathe to accept that MBNA can sell a debt without first issuing a default notice.

 

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”)

is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a)to terminate the agreement, or

(b)to demand earlier payment of any sum, or

©to recover possession of any goods or land, or

(d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e)to enforce any security.

(2)Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

[AndyOrch]

But it does not state that they cant sell a debt before issuing a default notice.......so?

 

 

Andy

[dubs1967]

So are you saying the account is not terminated before sale ? I must interpret things differently to other folks !!

[AndyOrch]

Yes ...a debt does not have to be defaulted or terminated to allow an assignment.

[dubs1967]

Is there any reference to what you say in the CCA ?

[AndyOrch]

No....Assignments of debt comes under the Law of Property Act 1925...not the CCA1974.

[dubs1967]

No....Assignments of debt comes under the Law of Property Act 1925...not the CCA1974.

Thanks.Thats where I've been caught out then.Any other reasons I may have for set aside?

[bromey]

says creditors often sell older debts to collection companies who pursue the owed balances as if they were new

-- not legal, but a trick aggressive collectors use to get money out of unsuspecting consumers who don't know their rights.

 

 

Collectors may also try to scare you into admitting to the debt in writing, which would restart the limitation period.

 

 

Marshall also cautions that if you rely on expired limitation periods to avoid debt repayment,

you aren't resolving your underlying financial problems or current debts.

[dx100uk]

threads almost a year old

 

 

and who is marshall........

 

 

its quite legal in England and wales for DCA's to old debts

even if they are statute barred

they simple cant imply they can take court action..

in E&W an SB'ddebt still exist

the owner can ask for payment

you can equally ask them to go away.

 

 

however its much better to ignore them

 

 

dx