PRA/Broadies Oridinary Cause claim - old MBNA credit card

[dx100uk]

not according to post 46...

 

dx

[Noodlesgal]

Hmmm not sure if I’m looking at right post,

 

I handed in the “notice of intention to defend” after speaking to the solicitor cause I was worried I would do it wrong

 

then on Friday handed in my defences as per the layout and defence stated here

which the court clerk said she couldn’t accept as they weren’t defences “in law” - does that clarify?

[dx100uk]

you didn't need to hand in the notice to defend

you were not awaiting any documentation nor needed any

the debt is statute barred end of.

that defence relies upon nothing and is water tight.

did not need the notice to defend prior to filing it.

 

you should have filed the defence as you were told to HERE..

 

if you'd follow the advice given

which has worked numerous times here already leading to dismissed claims

there would have been no confusion.

YOU are the only one that's caused that by not following what you were told to do

no need to question it with anyone.

 

there are several clerks at Dundee you just got one that wants to be awkward sadly.

 

shame you didnt comeback here since the 17th too mind

 

anyway

get it filed

the claim will go nowhere atleast that's your saving grace.

 

you 've wasted £120 now you are going to have to waste more money on it

[Noodlesgal]

So I’m

Just back to give an update in case it helps others stay informed

 

The case is not being dismissed due to this case being heard in Glasgow Sheriff Court

I think I have a choice of trying to get my case sisted until this case is decided or negotiating a settlement.

 

I’ll probably Try and wait till the case is decided at Glasgow Sherrif court.

 

You seem to have misunderstood my previous posts though

 

I DID try and file the exact defence you posted

so I’m not sure why you are telling me I should have done that.

 

I thought I was clear in my post saying

“I handed in my defences as per the layout and defence stated here”

 

pra are arguing it isnt statute barred on 2 grounds

 

1 the default notice wasn’t issued till 6 months after the last payment

 

2. Stature barred is 6 years in Scotland as per this case currently being argued in Glasgow

http://govanlc.blogspot.co.uk/2017/12/blog-rome-i-regulation-scottish.html?m=1

[dx100uk]

they will always state its from the defaulted date

that's what DCA's do, they and use smoke and mirrors

 

yes i'm aware of mike at govern law

great man

 

they wont win though.

else 1000's of judgements would be wrong.

 

The Default Noticed was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 5 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

[Noodlesgal]

their defence is that they have that the agreement is governed by English law, so default is 6 years not 5, that’s their argument in the Glasgow Sherrif court case and as such my case hasn’t been dismissed.

 

Hearing is in March

[dx100uk]

well its not

it was signed in Scotland.

[autonomousone]

Hey Everyone,

 

With the Govan Law Centre article that Noodlesgal pasted, it seems that DCA's might see this as a possible opportunity to try and override Scotland's five year limitation period.

 

Has anyone seen a DCA use an argument like this before in a Scottish court, and if so, what happened in the end?

 

All the best

[dx100uk]

they cant

[Noodlesgal]

well its not

it was signed in Scotland.

 

That’s my defence so I hope it works! Brodie’s exact words were “we have deep pockets and are willing to make another test case out of this I don’t qualify for what aid so I Him a bit terrified I run out of cash to fight it

[Noodlesgal]

Hey Everyone,

 

With the Govan Law Centre article that Noodlesgal pasted, it seems that DCA's might see this as a possible opportunity to try and override Scotland's five year limitation period.

 

Has anyone seen a DCA use an argument like this before in a Scottish court, and if so, what happened in the end?

 

All the best

 

That’s the first one, I believe I’m the second

[Bazooka Boo]

Has anyone seen a DCA use an argument like this before in a Scottish court, and if so, what happened in the end?

 

I'd love to see them try!

 

I can imagine the DJ's reaction.......you gotta be some kind of stooooopid to try and tell them the law!

[dx100uk]

urm my post was short i'll post later

 

you don't need any legal rep noodle

its for the state to defend not you.

 

you really must stop talking over the phone!!!

[Noodlesgal]

Eh? I haven’t been on the phone!

 

Oh when they said about having deep pockets? my solicitor was on the phone to them while i was in his office asking for an undertaking they wouldn’t push for a decision because of my late defences (which they agreed to) and they said it then.

[dx100uk]

Brodie’s exact words were “we have deep pockets and are willing to make another test case out of this I don’t qualify for what aid so I Him a bit terrified I run out of cash to fight it

 

 

so where has the above BS come from then?

dx

[Noodlesgal]

I’mInterested in what you are saying about not needing legal rep though

I’ve been advised that I’ll need to pay for a solicitor advocate of it goes to debate, and it seems likely it will as Glasgow’s has, and Glasgow’s decision whilst it carries weight isn’t binding, would’ve been better for me if it was high court. It also might not be decided by my court date.

 

Brodie’s exact words were “we have deep pockets and are willing to make another test case out of this �� I don’t qualify for what aid so I Him a bit terrified I run out of cash to fight it

 

 

so where has the above BS come from then?

dx

they actually said their client had very deep pockets

[dx100uk]

BS said over the phone they would never state in a letter

 

all designed to frighten and intimidate.

 

your sols should know better than to ever use a phone.

 

your def being late was never an issue

it DOESNT change the fact the debt is extinguished...end of the matter

[Noodlesgal]

Agree they would never say that in a letter, my solicitor said it was common practice to get verbal assurance before confirming in writing

[autonomousone]

Hey Everyone,

 

So aside from the possible debate that might take place regarding the limitation period,

does it actually say anything on the credit agreement about the use of English Law?

 

Surely such a clause, valid or not, would need to be very explicit in just what the use of English law would mean?

 

All the best

[Noodlesgal]

They’ve sent me a copy of my application,

said this is a consumer credit agreement,

there’s no reference to it being governed by English law

but that’s what they have said they are going to say in their defences

[Bazooka Boo]

there’s no reference to it being governed by English law but that’s what they have said they are going to say in their defences

 

Then they are doomed to failure, perhaps they think you're as dumb as they are, and will panic?

 

I'd write back and tell them all the days I'm available to see them in court.....

[dx100uk]

twill be in the t&c's

scan up all what they've sent to one multipage pdf

read upload

[Noodlesgal]

Then they are doomed to failure, perhaps they think you're as dumb as they are, and will panic?

 

I'd write back and tell them all the days I'm available to see them in court.....

 

I can only assume as they’ve stated MBNA are a huge company with deep pockets and this will scare some into paying?

 

It’s very stressful and financially draining and ive thought about offering a settlement just to make it go away.

 

I’ve no idea how they can get away with claiming it’s under English law with no signed agreement

 

but it’s certainly being taken seriously by Glasgow Sherrie court

[dx100uk]

uh? its NOTHING to do with MBNA!!

[Noodlesgal]

See attached document sent when I requested consumer credit agreement

 

Doh sorry PRA! it’s late! I’ve beem up since 4am!