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    • If a DCA supplies a reconstituted copy of the CCA what would be the next step? It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.
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Intercityman vs MBNA


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Hi mate,

 

just my humble opinion but dont use mcol, use the N1 and make a proper PoC written out in detail so you dont end up like loads of other CAG members, ie the defence trying to get the claim struck out becuse the PoC is incoherant and doesnt actually make a legally recognisable claim.

 

isabeld, nt trying to worry you at all i just dont like the PoC's that are done via mcol because they are so short you cannot fit the necessary wording into them. So a major compromise has to be made in order to file that way.

If you look at a post made by "justwon" its in the RBS section and written by a barristor. Look it over and you will see what i mean, firstly its 14 pages long, very specific, very clever, legally near perfect and kicks ass with the defence leaving no room for them to try and get a strike out. Infact the chances are that because it makes so many points that the defence are almost certainly going miss several points (if they do you can get their claim struck out)

The longer you make the PoC the better, as the defence are clearly very busy and when they get a different claim come through (ie one that hasnt been cut and pasted from off here) and they actuall have to read it then they dont know what to do, then they become complacent and then they lose :D

 

keep up the pressure mate

 

johnny

Dont Rush - Take Your Time - Dont always take me seriously

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If you feel i have helped you then click

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I have had a message from Colin at the MBNA to ring re my figures. I wonder if this is a positive thing ?

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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I still have posted out a final lba gving them 7 days, amd also asked them to comply with my sar fully.

 

Is it work sending a cca request I see other people have done. Not sure what it would give me in terms of information or advantage.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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Yes was successful for both types of interest and found process straight forward (phoned them after Prelim to negotiate and they agreed to pay what I asked). I claimed contractual at the rate I was paying on my account - some are asking for the unauthorised rate for contractual but under concept of reciprocity I think its an easier argument to claim from them what they are charging you.

 

 

It seem the mbna say the contractual intrest and intrest and charges cannot be claimed together. Can you confirm you defiently recieved dboth elements of intrest. As MBNA are suggesting you can only claim contractual intrest.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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In essense I think we have a agreement and I am just awaiting payments on my account. When I get the money and the chance i will endeveour to makea contribution to CAG.

 

Can a personally thanks iwannabedebtfree vbmenu_register("postmenu_540460", true); , progenic7 vbmenu_register("postmenu_629460", true); , Cornucopia vbmenu_register("postmenu_626274", true); , Stornoway vbmenu_register("postmenu_537740", true); for all of there help. I keep you posted on reciept of money

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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You cannot claim the S.69 interest if you are already claiming the contractual rate of interest.

 

However you can add the interest, that they have added to your account, on your charges and then apply the contractual rate of interest.

 

More information on this is available if you do a search on this site on 'Contractual'.

Hope this helps mate, but i suggest you research it a bit yourself, Just to be sure.

 

Regards

Beetle

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In essense I think we have a agreement and I am just awaiting payments on my account. When I get the money and the chance i will endeveour to makea contribution to CAG.

 

Can a personally thanks iwannabedebtfree vbmenu_register("postmenu_540460", true); , progenic7 vbmenu_register("postmenu_629460", true); , Cornucopia vbmenu_register("postmenu_626274", true); , Stornoway vbmenu_register("postmenu_537740", true); for all of there help. I keep you posted on reciept of money

 

Ahh bless you, thanks for the mention! That's great news, let us know the outcome! Good luck Inter x:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

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yeah keep up the good work intercity mate :)

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

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It seem the mbna say the contractual intrest and intrest and charges cannot be claimed together. Can you confirm you defiently recieved dboth elements of intrest. As MBNA are suggesting you can only claim contractual intrest.

Hi, great news - well done. For clarity, I sent a spreadsheet with interest + contractual interest claim then verbally reached agreement for a figure very slightly (from memory c.5%) below what I asked for which was subsequently credited to my account. Last week I used the same process for my wife and reached the same conclusion but this time they sent a spreadsheet through which shows a refund of interest at a higher rate than I had asked for plus contractual interest at a flat 8%. If you have reached agreement for a figure fairly close to what you were originally looking for then I would take it (and enjoy it !!!!). I'm working on First Direct at the moment and they are not entertaining an interest claim at all - first court claim looms........

 

Cheers

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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I apprently have two leter from the MBNA waiting for me when I get back from sunny Ripon today, So I will hopefully be marking my thred as a win. Later this evening. just the barclays N1 to g in in and some scrounge for the court fees.. Thanks again for all those that advised me through the mbna mess.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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CAn safely confirm the letter should be the close of the mbna issues. Just got to await funds.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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So..........................................dont leave us in suspense :eek:

 

whats th letter say then lol ?

 

Johnny

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Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

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The letter informs me they have paid all they owe. Nothing more exciting that that.

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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How do I get my thread changed to WON

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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intercity,

 

so what have they done knocked off money from your debt with them or sent you a cheque ?

anyways congrats mate well done :)

 

Johnny

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

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yes knocked it off my debt with them.... pretty standard really and id be foolish not too i guess

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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inter

 

so has that bought your debt down to a reasonable amount now then ?

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

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Well down 1700 from what it was . Still owe thema fair amount but my accounts been in order always

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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  • 1 month later...

Could some move these to the MBNA Successes please

If I have been of any use to you in my response please click my scales. :oops:

 

MBNA WON 16/3/07 £1700 :p

Barlcays N1 fileld in and awaiting funds to take them to court.

 

If you want to spend some of your money from your new spending saving scheme why not buy a flybook laptop. http://www.everythingflybook.com. I can highly recommend them.

Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )

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