CCA's and Dave against the world !!!

[davefirewalker]

hi guys..

 

default judgement was on 5th july.......

 

well.........

 

what SHOULD I do

 

dave

[shane5408]

hi guys..

 

default judgement was on 5th july.......

 

well.........

 

what SHOULD I do

 

dave

 

5th of July! Ages ago! What do they think they're playing at! I would suggest you send a letter demanding payment via cheque within 7 working days else you will have the court enforce the order and send in bailiffs. For good measure also send them a filled in warrant of execution form, should get their attention i think!

[ODC]

5th of July! Ages ago! What do they think they're playing at! I would suggest you send a letter demanding payment via cheque within 7 working days else you will have the court enforce the order and send in bailiffs. For good measure also send them a filled in warrant of execution form, should get their attention i think!

Yes but date the letter 6th July

[davefirewalker]

5th of July! Ages ago! What do they think they're playing at! I would suggest you send a letter demanding payment via cheque within 7 working days else you will have the court enforce the order and send in bailiffs. For good measure also send them a filled in warrant of execution form, should get their attention i think!

 

Already done......still no response, I think a call to the court is now in order...I didnt want to push it too much, just wanted to see if they would forget about it so I could apply for the ccj to stick... I believe thay you can't hold aconsumer credit licence if you have a ccj ...

 

Dave

[redsue]

I believe thay you can't hold a consumer credit licence if you have a ccj

 

in theory but you know the regulators aren't bothered - if you go to

RTL Home

 

for £8 you can get a report on any company/person who has a CCJ - I've ordered one for MBNA but still waiting for it to come through - will post the info when I have it

[davefirewalker]

OK...

 

Further update. Just aske dthe court for a warrant of execution....(NO i'm not going to kill them..though...mmmmmm)

 

I have to go to court on MON and fill it in....cant get there today

 

then I'll have a look at my options.

 

heres the lates email I sent

 

......................

 

I do not know why you are prevaricating!

 

You have promised payment and it has not materialised this could be classed as breach of contract.

You have a debt to me, I have your written assurance that I would be paid by nnnnnn

This is in fact a contract. I shall be looking into the legal aspects of this

 

This seems to be a case of “WONT PAY” as opposed to “cant pay”

 

If you are having financial difficulties or are not sure what to do,

I suggest that you immediately contact a solicitor, your local trading standards or the Citizens Advice Bureaux

 

If you don’t pay a county court judgement Will be registered against you, this may make getting credit difficult.

 

I suppose you would then fail the “fitness” test to hold a consumer credit licence.

 

I suggest that you read CCA1974 s25 (2)….especially (d)

 

I shall be applying for the warrant on MONDAY 6 August without fail

 

ACT NOW!!!

 

You may fax or email your answer

 

..........................................

 

I mean it wont break the bank (so to speak) its ONLY £200....jeez why cant they just pay!!!

 

Just got the allocation to the small claims track for my PPI, 26 Sept ah well.........

 

Cant wait !! will show the court the "agreement" such as it is and ask for a decision on its enforceability as well.

 

rgds

 

Dave

[shane5408]

OK...

 

Further update. Just aske dthe court for a warrant of execution....(NO i'm not going to kill them..though...mmmmmm)

 

I have to go to court on MON and fill it in....cant get there today

 

then I'll have a look at my options.

 

heres the lates email I sent

 

......................

 

I do not know why you are prevaricating!

 

You have promised payment and it has not materialised this could be classed as breach of contract.

You have a debt to me, I have your written assurance that I would be paid by nnnnnn

This is in fact a contract. I shall be looking into the legal aspects of this

 

This seems to be a case of “WONT PAY” as opposed to “cant pay”

 

If you are having financial difficulties or are not sure what to do,

I suggest that you immediately contact a solicitor, your local trading standards or the Citizens Advice Bureaux

 

If you don’t pay a county court judgement Will be registered against you, this may make getting credit difficult.

 

I suppose you would then fail the “fitness” test to hold a consumer credit licence.

 

I suggest that you read CCA1974 s25 (2)….especially (d)

 

I shall be applying for the warrant on MONDAY 6 August without fail

 

ACT NOW!!!

 

You may fax or email your answer

 

..........................................

 

I mean it wont break the bank (so to speak) its ONLY £200....jeez why cant they just pay!!!

 

Just got the allocation to the small claims track for my PPI, 26 Sept ah well.........

 

Cant wait !! will show the court the "agreement" such as it is and ask for a decision on its enforceability as well.

 

rgds

Dave

 

Hi Dave,

 

I'm in the same situation, received judgment today against monument but it's dated 20th july! Buggers owe me 1800 quid!

Keep in mind that a warrant of execution will cost you, i think the fee in your case will be 35. as i understand it it could also take 4-5 weeks before the bailiffs even turn up to monuments premises. first they write to them and only if the ignore them for i think 21 days do they then go in person. I'm thinking about using a third party debt collection company, i'm hoping all they need to send their 'bailiffs' is proof of the judgment.

 

I've also contacted the consumer credit licensing dept of the oft and asked what the implications are for monument should they have a CCJ against them, will post the reply when i receive it

[maybelline]

good luck with your Warrant of Execution, I had to do one for a bank on penalty charges and they sent the cheque into the court! it was a drag and I ended up writing to them to suggest they send it, it is best to write to a named individual if poss who is aware of the case and gets better results

 

 

 

judgement by default is not the same as them losing in court and gaining a judgement I believe.

[MikeSplicer]

Subscribing..

[davefirewalker]

Been very busy with work and some other stuff, so havent posted much recently. Just had to let you guys know though

 

SUCCESS........Monument PPI

 

has just conceded, cheque for £1200 arived fri 17th

 

Cheque now in the bank.....

 

Away for two weeks in greece, sailing......well earned hols and the money will come in very handy

 

back to the battle when I get back

 

rgds to all

 

Dave

[maybelline]

CONGRATULATIONS! Davefirewalker, well done:):)

[hellhasnofury]

Hello Dave,

 

Great to hear you had the lovely cheque before you went on holiday.

 

Well done:D

[scousepie]

As above well done chap:D:D:D:D:D

[davefirewalker]

Hi guys back from my hols.... :(

 

brrrr its cold here

 

Anyways came back to a letter from goldfish (morgan stanley) saying that they will wipe the default as agreed and give me a cheque for £750..........if i promise not to bother them again.. oh and to sign all my rights away....I think not

 

Just going to compose one of my specials for them

 

let you all know how I get on

 

ps

anyone who has sent me a pm ...I'll get round to it shortly...bit knackered at the mo!!

 

rgds

 

Dave

[davefirewalker]

Oh yes......I knew there was something else

 

MBNA...they have offered to reduce my debt from £9000+ to £2700......???

 

WHY

 

they must be reading my thread here....time to get active with them as well

 

rgds

 

Dave

[speedtrip]

way to go:)

[make them aktiv runners]

Well done Dave. These successes really do need transferring onto sticky's.

[shooter001]

Hey Dave great work. Could you give me some feed back of your opinion with my post below as no one has replied and i believe MBNA falls into your demina. I believe T&C are missing and cancelation rights.

 

I apreciate any input you have and hope you had good holls.

 

craig.

 

 

Could someone give me an opinion on this MBNA agreement if its enforceable.

 

 

 

 

 

It refers to terms and conditions outside the agreement in a booklet and also states cancelation rights will be sent in the post which wasnt sent. They also state in their letter "customers are sent a copy of the credit agreement in the form of a credit card mailer to which the credit card is attached. This serves as your copy of the credit agreement for the purpose of the consumer credit act 1974."

 

regards

 

craig.

 

Could someone give some advice on this agreement, Im hoping to send aletter along the lines of I have received a full copy of my agreement as there are no cancelation rights included in your tru copy. Also that I never remenber receiving any cancelation rights and could they prove they sent this.

 

Any help is appreceiated. Peter I will send you a coy of my letter from Crap 1 providing terms and conditions only.

 

regards craig.

[davefirewalker]

Hi Craig

 

were there any T&C attached to this?

 

on the face of it ALL the main required terms are there...credit limit, rate of interest, repayments. you may have issues with as you say other things....rights and remedies, default charges etc. but these would not make it totally uneforceable, it would require a judge to decide..it could go either way.

 

rgds

 

Dave

[davefirewalker]

My MBNA project has taken a new direction.......our letters must have crossed in the post

 

the one I had sent was......

 

"I am in receipt of your letter of the 20th August which unfortunately arrived while I was away.

Your offer does sound inviting and very generous, and I can’t see why you would want to write so much off ( note...they offered to write off 65%..). Unfortunately even at that amount I would not be able to pay on the terms you suggest. My financial outlook at the moment is not very promising, hence my falling into arrears.

 

But that aside after careful studying of the documents supplied under my CCA and Data Protection Act requests; I am of the opinion that the agreement is flawed in a major way and as such is unenforceable anyway. I may even be able to reclaim all the money I have ever given you.

 

I would like to test this in court, so could you please issue a court summons at your earliest convenience.

 

Your other options are to do nothing, in which case I may file anyway, or for you to write the whole thing off. If you do write it off you should also remove any adverse credit markers. Failing receiving a summons from you or any other communication, I will consider the matter closed.

 

I now consider this account to be in official dispute, and until a resolution or determination by a court can be found you should not enforce this debt. This includes passing it on to a third party for collection, adding interest, or processing data which may be inaccurate. The processing of inaccurate data is in contravention of the basic principles of the Data Protection Act 1998, and carries severe penalties.

 

Yours Sincerely "

 

their letter was to inform me that they had sold the debt to Equidebt.....hey ho!

 

I just love this game

 

rgds

 

Dave

[shooter001]

Hi Craig

 

were there any T&C attached to this?

 

on the face of it ALL the main required terms are there...credit limit, rate of interest, repayments. you may have issues with as you say other things....rights and remedies, default charges etc. but these would not make it totally uneforceable, it would require a judge to decide..it could go either way.

 

rgds

 

Dave

 

Thanks for your reply.

 

There was no terms and conditions booklet with it, it was just an application for credit that got posted back to them. Im assuming they need to sign it and give you a copy. I notice they have signed it even though their is no box for their signature.

 

Ive just sent them this letter:

 

I am writing regarding your letter dated 28th August 2007. In your letter you state that you have included a copy of the agreement which you believe satisfies my request under section 78 of the consumer credit act 1974 and that my obligation to pay remains intact.

Under section 78 of the consumer credit act 1974 you must provide me with a true copy of a valid credit agreement which includes all the prescribed terms set out under the act. However so far all I have received is a copy of an application form for credit which is missing the copy of terms and conditions referred to in the application. You have also failed to provide a copy of the cancelation rights which I know I never received in the first place.

As a result my obligation to pay is not intact as you put it and furthermore you are still in default of the consumer credit act 1974 which is a criminal offence. The accounts you have defaulted on are card numbers ################ and ###################. I would also like to remind you the offence is punishable by 3months imprisonment or a fine of £2,500 and that processing any personal detail without a valid agreement or during the default period is a further offence. Due to the implications of this I would like to remind you of my previous request under section 10 of the Data Protection Act to cease processing my data.

As you have still not satisfied section 78 of the consumer credit act if I have not received a full true copy of a valid executed agreement with all prescribed terms or a statement that you don’t have one within the next 7 days I will have no alternative but to bring the case before the courts.

[debtsurvivor]

Hi Dave

 

Just to say as a newbee I have just finished reading the whole of this thread. Its been very enlighting and inspiring, I realise what a complete mouse I have been. Aplins solictors have issued a County Court Claim on behalf of Hillesden Securities(MBNA) I originally borrowed on a credit card and stupidly maxed it out in a bid to stop OHs business going down the pan which it did after a while anyway. I have been lurking on theads now for hours over the last few days, I belive I know what to do now and thanks to you and everyone who has posted.

[linz2011]

Loving the letter to MBNA dave, cannot wait for their response

 

Good luck with everything

 

Linz:)

[davefirewalker]

Debtsurvivor and Linz thanks for the comments....take heart, your not alone, the good people on here will do everything they can to help.

 

Dont give in!

 

best wishes

 

Dave

[ODC]

Debtsurvivor and Linz thanks for the comments....take heart, your not alone, the good people on here will do everything they can to help.

 

Dont give in!

 

best wishes

 

Dave

 

I concur with Dave we will help in any way we can to defeat the parasitic curse of the Greedy DCA ****