Pudsters14 vs MBNA

[citizenB]

Just bumping this for you pudster. Strange, I didnt get a notification that you had posted yesterday. I must have unsubscribed.

[The Phantom]

just subscribing as I might need this brilliant defence at some point, too. I am a bit behind with my case. (Also got the DN from Link yesterday although they are in default of my CCA request since May 2007)

So will be watching this with interest

[pudsters14]

They seem to be reissuing DNs to everyone as my hubby also got one and they are also in default of his cc request... will reply as normal to his request, just not sure what to do with mine considering the court action is looming...

 

and I may have to have an operation just before or around that time... urgh!

 

I am tryping as we speak to link for mr pudsters, would appreciate all advice about what i should do with mine...

 

Pudst

x x x x

[pudsters14]

i wasnt tryping i meant typing lol

[MAGDA]

Tripe (trype) might be more appropriate where link is concerned!!

[pudsters14]

I know LOL magda, you're probs right... they don't seem to know what they are doing...

 

Just bumping this... does anyone have any ideas how I should respond to this?

 

Just need some advice...

 

Pudst

x x x x

[matsinlondon]

I wouldn't respond Pudster. Apparently they are issuing DNs in large numbers regardless of status of an account. If you are waiting for your directions hearing responding will make no difference. Just file it away and keep an eye out for what their next move may be in other cases. You are in a stronger position because you can use what you learn in your case.

[pudsters14]

Yeah I know what you mean, just dont get it...

 

Seems a bit crazy because it has been sent from their london office, but they told me that they pass it to caerphilly and london cant access it anymore?

 

Odd, still, the new default notice has the same faults as the original one, guess it's just another example I can give to the court to show they don't know what they are doing...

 

If anyone thinks of anythin else that can help me, pls post away....

 

Pudst

x x x x

[banker_rhymes_with]

Hello Pusters14!

 

If you can still do so, keep the Envelope the Default Notice came in, as that may help to prove Date of Posting and so in turn Date of Service.

 

If timescales are close, you may be able to show the Default Notice was invalid if they did not allow 14 Days from Date of Service.

 

The Envelope could be key.

 

Cheers,

BRW

[mitzbag]

His And Hers Default Notices. How Very Mr And Mrs!

[MAGDA]

Pudsters, did you notice, when Link sent you a statement of account (I presume you have some figures from them now, but with Link you can never be sure!) that they had charged the normal court fees, but also an adjustment was showing? Do you know if this adjustment is a valid charge or can it be included when calculating the unlawful charges they have applied to the account? They would probably say it includes their solicitor costs, but so far, they don't appear to have a solicitor dealing with any of their claims against me, so would think yours and all the others would be the same? Hope you are getting on ok, Magda

Edited October 20, 2008 by MAGDA
typo

[redsue]

hi pudsters - just wondering how you where getting along with your case - I know you hearing is soon

[redsue]

bump

[atwozee]

Just finished this post and wish you luck.

I would also like to point out that the original DN served by link in April is invalid because it only allows 14 days to remedy the breach (they haven’t allowed for service)

They clearly state the agreement will be terminated on 08/05/2008 so they can’t correct the error and issue you a second one – I notice they have reissued you a DN in October.

Not sure if you can squeeze this into your defence at the hearing.

[MAGDA]

hi, have you had your hearing yet - I know it was sometime in November, so hope it went well if you have - let us know the outcome, Magda

[underdog13]

Any updates?

Edited November 16, 2008 by underdog13
sorry;posted in wrong place - D'oh!

[pudsters14]

Hiya all,

 

I'm so sorry ive not been on here for a while.

 

My health is still bad and have got hospital appointments coming out of my ears....

 

My directions hearing is on the 28th Nov.

 

Any ideas what I should take with me? I note the above point about the DN... but just wondering how i should prepare....

 

I sent a Sect 18 request but have seen details of 31.14 requests too, would this help me?

 

Hope everyone is okay... i notice that you are well on the way with three of yours Magda!!!!!!! Well done.... hope thats me soon!

 

All advice is much appreciated and thanx for all your posts

 

Pudst

x x x x

[atwozee]

PT has contributed to your thread – try a pm to him regarding the invalid DN – I’m sure he will advise you about it.

An invalid DN is game over for them regardless of the Enforceability of the agreement.

You need to be on top of this before your hearing.

[MAGDA]

Hi Pudsters, the DN is a good route to go down, as Atwozee mentioned, if something is not quite right there - we tend to base it all on the agreement, but there are a lot of other issues as well, so focus on the other paperwork if you can and check that it's all as it should be. Hope you are soon feeling better - it doesn't help with all this going on does it, Magda

[pudsters14]

Hiya guys, thats ace.... i didnt realise that!

 

Right, PT's message is saying he is offline for at least a month, who else could i get advice from. Should i write to the court stating the new info?!?

 

My hearing is 28th so if I am going to take anything in, could do with getting it in Monday latest.....

 

I havent got the envelope for the original DN. I thought they had to give you 7 days to remedy the breach. Is it 14?

 

I'm a bit confused now.... could really do with some advice

 

Pudst

x x x x

[pudsters14]

Oh and still haven't got any paperwork Magda,..., no shock there tho!

 

Pudst

x x x x

[underdog13]

I think the DN should give you 14 days from service (ie when you receive it NOT when they send it)

[atwozee]

Hi Pudsters – regulations changed in October 2006 – it was 7 days plus service but now its 14 days plus service – so unless they delivered it same day (unlikely) then it is invalid.

I will have a hunt for a relevant thread for you which includes case law that you can refer to.

The way you need to go about it is to question the enforceability of the agreement first because it’s a copy and not the original and it doesn’t contain the prescribed terms (they have to prove that they are on the back) if that doesn’t go well then you move on to the defective DN.

Andyorch would be a good one to contact alonf with surfaceagentx20 – they both know their stuff.

Good luck.

[atwozee]

Here’s a snippet from a defence prepared by andyorch on another thread:

The Claimant, possessing no legal right claim monies allegedly owed, has acted unlawfully in issuing a Default Notice and registering said Notice with Credit Reference Agencies. Such conduct is a breach of the Data Protection Act 1998 and amounts to defamation. Furthermore, the Defendant avers, that the Default Notice is wholly unenforceable as it fails to give the perscribed time to rectify the alleged breach ie 14 days plus service and given that the amount claimed regarding that which is denied, contains penalty charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999.

The original thread is here and it’s well worth you reading it as the alleged agreement in this one is an application also.

Can you amend your defence to include the disputed DN – I’m not sure where you are with your case but even if you can’t get it in your defence you can mention it at the hearing.

If an invalid default notice is issued then it renders their whole case useless – not only that but because they have terminated the agreement by demanding payment of the account balance, they can’t un-terminate the agreement to issue a corrected DN.

There are a few other threads that are relevant so it is worth poking around a bit – search the thread for default notice – I know a recent case was discontinued because the solicitors realised they had made an error – I will try and find it.

[pudsters14]

Thanx for your advice...

 

Link havent sent me the credit agreement they are relying upon on so have put that in my defence,... however I have asked to see the original in court not a copy.

 

The DN is deffo defective then. Ill contact those guys now....

 

Pudst

x x x x