Backdoor Arrow/Drydens 2008 CCJ/CO - MBNA Card - , debt was already SB'd , **WON** set aside - Now being chased 12yrs later.!!

[AndyOrch]

Hi..

 

Quick question for anyone who knows!!!!...

 

In a section from the CCA request template below...can you tell me what documents the last sentence covers..(any other docs the act requires you to provide), is it default notice, NOA, termination notice etc?? Yes and Statement of account along with the T&Cs from the time of conception/completion of agreement.

 

"This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide."

 

Thanks all

 

MJ:)

 

Regards

 

Andy

[mandyjayne]

andy...

 

MJ:)

[mandyjayne]

Hello again everyone...long time no post!!!

 

Well my CMC meeting is less than a month away, can i have some advice on what to prepare or anything i need to do. All my paperwork is in a folder and filed! Not seen IGNM on here for a long time, where has he gone?

 

Anyway..any help now please thanks all

 

MJ:)

Edited September 20, 2009 by mandyjayne

[mandyjayne]

bump:D

[citizenB]

Hello again everyone...long time no post!!!

 

Well my CMC meeting is less than a month away, can i have some advice on what to prepare or anything i need to do. All my paperwork is in a folder and filed! Not seen IGNM on here for a long time, where has he gone?

 

Anyway..any help now please thanks all

 

MJ:)

 

Have all your paperwork filed correctly, make sure you know where everything is within the file.. use post it notes or the file inserts so you can answer questions quickly and accurately.

 

Make notes for yourself, questions you want to ask and those you want answering.

 

Above all.. relax.

[mandyjayne]

Thanks citizen B

 

so am i going in to the DJ to put forward these main points:

 

twice the claimant has failed to respond in the given time to two court orders to produce all docs requested by me, (CCA and SAR).

 

I have no vaild CCA (just application form) T&c's not attached, seperate and with the new £12 charge, so clearly not from 2000!

No default notice

No NOA

No TN

 

thanks

 

MJ:)

[mandyjayne]

bump

[the_shadow]

Thanks citizen B

 

so am i going in to the DJ to put forward these main points:

 

twice the claimant has failed to respond in the given time to two court orders to produce all docs requested by me, (CCA and SAR).

 

I have no vaild CCA (just application form) T&c's not attached, seperate and with the new £12 charge, so clearly not from 2000!

No default notice

No NOA

No TN

 

thanks

 

MJ:)

 

Hi M&J as per previous advice...

 

imo you need to be sure what you have asked of the claimant and what has been given... also what has not! you may need to describe to the judge why the information you seek is required but hopefully he'll be experienced in CCA1974 and will know the importance of the agreement/default notice/termination notice.

 

S.

[mandyjayne]

cheers S

 

not much more i can do in that case!

 

mj:)

[mandyjayne]

why have i gone back down to a basic account holder, it was on classic last time i looked!!!

[the_shadow]

why have i gone back down to a basic account holder, it was on classic last time i looked!!!

 

We've all been relegated one place

 

S.

[Docman]

But is there a Premier league but instead of being super rich you have to be in super debt?

[citizenB]

But is there a Premier league but instead of being super rich you have to be in super debt?

 

 

I think that is being worked on :rolleyes:

[Docman]

Ok. In that case, I'll be changing my name to 'ROMAN [Debtovich]' instead of DOCMAN !

[mandyjayne]

Ha ha... like it doc

 

oh thats not good...oh well the more we keep helping out we will all be back up again soon im sure

 

chow;)

Edited September 28, 2009 by mandyjayne

[lilly white]

mj can you please point me in the right direction to look at cca again.

 

regards Lilly

[mandyjayne]

Hi lilly

 

Think this is it

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/167654-help-ccj-charge-home-5.html#post1915794

 

MJ:)

[mandyjayne]

Hi all..

 

More help please...received today from Mortimer Clarke

 

We refer to the above matter and the CMC scheduled for 8th oct.

 

Please find enclosed the claimants case summary and proposed directions in readiness for the above hearing sent to **** county court on the 28th sept.

two page case summary enclosed (shall i post up for you to read?)

 

And Draft Directions: which says:

 

1 the Defendant (if so advised) be permitted to file and serve a Defence by the 22nd oct 09

 

2 the claimant be permitted to file and serve a response to the defendants Defence by the 5th Nov 09

 

3 the matter be listed for a cmc for a date agreed by the court after 5th Nov 09 with a time estimate of 30 mins

 

What are draft directions....why another cmc? we already have one for next week! I have tried to recap in the post below!

 

Help please

 

MJ:)

Edited September 30, 2009 by mandyjayne
changed dates

[the_shadow]

 

1 the Defendant (if so advised) be permitted to file and serve a Defence by the 22nd Nov 09

 

2 the claimant be permitted to file and serve a response to the defendants Defence by the 5th Nov 09

 

3 the matter be listed for a cmc for a date agreed by the court after 5th Nov 09 with a time estimate of 30 mins

 

Can you confirm the dates mandyjayne as they dont appear to make sense.

 

You can file a defence by 22nd nov and they can reply to that defence by 5th nov? Should that be 22nd Oct?

 

S.

[mandyjayne]

yes yes sorry thats correct 22nd oct to serve a defence

[mandyjayne]

Just a recap this is the order...they were supposed to have complied to:

 

Before district judge ***** sitting at ****county court

 

IT IS ORDERED THAT

 

1. Unless by 4PM on 22nd May 2009 the claimant provides the documents requested by the defendant pursuant to paragraph 3 of the order dated 11th March 2009, the claim be struck out.

 

2. The time for filing of the defence be extended until 4pm on 5th June 2009.

 

Dated 28th April 2009.

 

Due to the non compliance i sent a letter to the judge saying i would not be filing a defence as the claim according to the order should be struck out.

 

They did eventually send me a photocopied application form, ts & cs with the new £12 charge on (this CC was issued in 2000) no DN, NOA or TN.

 

They sent these to me through normal post and they arrived 26th May, the cover letter on these docs was dated the 22nd May, (this was a bank holiday weekend) so they were written the day they should have been with me.

 

Everytime they have been asked to produce these docs this is all they send me the first lot on the 6th January 09 second lot on the 6th March...but let me type a paragraph from their case summary:

 

10. On the 22nd May 2009 a witness statement enclosing the relevant documentation was served on the defendant and sent to the court by fax. The claimant confirms that the information provided was only received by them, from the original creditor, ON THAT SAME DAY and we apologised for any inconvenience caused.

 

Well that is a big fat lie cause they sent me those things back in Jan

 

MJ:)

Edited September 30, 2009 by mandyjayne

[mandyjayne]

bump

[mandyjayne]

bump

[the_shadow]

They sent these to me through normal post and they arrived 26th May, the cover letter on these docs was dated the 22nd May, (this was a bank holiday weekend) so they were written the day they should have been with me.

 

Ok, well its a well established fact that the courts give more leeway to the claimant rather than the defendant in these cases, so even tho they didnt quite make the date, things move on.....

 

Everytime they have been asked to produce these docs this is all they send me the first lot on the 6th January 09 second lot on the 6th March...but let me type a paragraph from their case summary:

 

10. On the 22nd May 2009 a witness statement enclosing the relevant documentation was served on the defendant and sent to the court by fax. The claimant confirms that the information provided was only received by them, from the original creditor, ON THAT SAME DAY and we apologised for any inconvenience caused.

 

Well that is a big fat lie cause they sent me those things back in Jan

 

Something to add to the defence possibly although you run the danger of the judge asking why you required them to re-send the same information to you if you received them in Jan and the claimant clearly stated this was your agreement.

 

S.

[the_shadow]

And Draft Directions: which says:

 

1 the Defendant (if so advised) be permitted to file and serve a Defence by the 22nd oct 09

 

2 the claimant be permitted to file and serve a response to the defendants Defence by the 5th Nov 09

 

3 the matter be listed for a cmc for a date agreed by the court after 5th Nov 09 with a time estimate of 30 mins

 

What are draft directions....why another cmc? we already have one for next week! I have tried to recap in the post below!

 

Help please

 

MJ:)

 

Ok I believe the Draft directions are what they are proposing for the case to proceed subject to agreement at the CMC hearing you have with the judge.

 

I think you need better opinions than mine but I'm of the mind that............. if memory serves you said you told the judge you would not file a defence until they supplied docs, the CMC was initiated for the judge to understand what documents should be disclosed and havent as at the CMD order date imo and as such now that they have disclosed what they will rely on they need you to file a defence.

 

They will respond to that defence and then the further CMC hearing is where the judge will look at both sides of the argument and instruct on how the case is to proceed, further disclosure/dates/evidence bundles etc.

 

Hopefully better advice will be forthcoming.

 

S.