MBNA C/Card so far with 10 to go?

[icepop55]

Hi Steven

 

Just a basic question.

Do I need to send all this information to the courts and restons?????

[steven4064]

afraid so

[icepop55]

Hi Steven

 

permalink #83&84

 

The Reg.. bit, do I just write it as it is, or do I need the whole lot in paper form?

 

 

 

Could someone please direct me to a paper copy of the above REGS...

[steven4064]

Can't you print them from the links in post #75?

 

And here's the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

Edited July 14, 2008 by steven4064

[icepop55]

Hi Steven

 

Having lots of problems with PC & Internet Explorer???

It seems IE doubles on itself and the rest is hit or miss when TRYING to downlow addresses to further.....ITS abug and I can't get shut!!!!

[icepop55]

Thanks Steven

 

Having lots of promblems IE!!!! Doubles up and does not let me connect with address when I need to click for further INFOR!!!!

A bug it seems on IE and I can't shift it????

[steven4064]

Download firefox

[icepop55]

Hi to all

 

Sent today to Court/Restons all info. Performance/ preliminary due Monday 10am 11th August.

[steven4064]

I suggest you don't tell Restons

 

Make sure you bring it up in court though.

 

In fact I'm going to hide your post so that Restons don't find out on here

[icepop55]

 

Restons sent this letter today????

Its it worth replying too.

[steven4064]

You could reply and say, yes you would like to reach an amicable settlement and will be quite happy to do so as soon as they provide the documentation you have repeatedly asked for.

 

You could tell them that their continued refusal to comply with consumer credit legislation is obviously a deliberate policy to confound and confuse, since any confusion that exists in the case could easily and immediately be lifted by them producing the requested documents.

 

Copy any letter to the court.

[Jipdog7]

What a strange letter! I particularly like the bit asking you to "telephone the writer" I suppose you could class it as a work of fiction!

[macie]

Mr. J Wild of Restons writes out on solicitors letterheaded paper, has signed the letter and has expressed legal opinion. There is no J Wild (that could be him) registered with the Law Society. I suspect that his letter may have contravened the Solicitors Act.

[steven4064]

J Wild styles himself 'litigation manager'. IN reality he will be some office junior in short trousers.

 

 

Icepop, if you do answer the letter you could point out that, it would have been far quicker just to send you the proper document (If they have got it, of course.)than waste all these letters posturing and threatening. If they haven't got it, they ought to withdraw the case as they have no cause of action.

Edited August 8, 2008 by steven4064

[macie]

I disagree. The proffering of legal opinion is very highly regulated in the UK.

 

I think he has stepped over the mark. They are "Restons Solicitors" not "Restons Debt Management". "Solicitor" is a protected word.

 

A letter to the Law Society ( lawsociety.co.uk ) is very quick and they take it very seriously. If it was me, I would simply asking their opinion and copy them with the letters, takes 5 minutes. A "litigation manager" may or may not be a "solicitor", but at the end of the day Mr. Wild has stated he is acting on behalf of a client, has tendered legal opinion and has used the stationary of a firm of solicitors. It's a surprisingly serious offense. If you want Restons to back off pdq I would give it a go.

 

In a similar vain try offering medical opinion, on a GPs stationary, but sign it off as, say, "practice manager" and see what happens.

 

The legal profession are every bit as tight as the medical profession, if not more so.

[icepop55]

Well, what a strange day!!!

 

Mr J.T.Wild rang me at work and announced that MBNA have written to the Court to withdraw the Summary judgment application against me. No reason was given or explanation offered apart from the usual costs of litigation but to say there didn't want to go any further????

 

Wants me to sign a CONSENT ORDER.It seems in order, with all order costs withdrawn and all further proceedings in the claim be STAYED.

 

Will post all.

[steven4064]

Well, well, well

[icepop55]

[icepop55]

I have not signed yet.

[steven4064]

Are the terms acceptable to you?

[icepop55]

Yes I think so.

[macie]

Looks good. Be mindful that if you miss payments for £14.27 then I guess they can apply for judgment for the outstanding portion of the £9k. Better make sure that there are no hiccups along the way or it could cause a few headaches.

[steven4064]

I think you have them by the short and curlies so you can dictate terms.

 

Also, I can't remember, are there any charges in this amount? If so, you should make their repayment part of any 'deal'

[FANTASY CHARGES]

I’ve just read the particulars of claim on this case and seen at the end they state

 

“Together with:-Interest pursuant to s69 County Courts Act 1985 at the rate of 210.08pence per day to the date of Judgment or sooner payment” [£767 per year] which looks like 8% per year

 

Which to me means if this case ever got back in court there is a a nice little “financial time bomb” …..

 

 

Analysing how long it will take to pay off under the tomlin order

 

£9,499.20 at £14.27 PER MONTH = 666 PAYMENTS = 55.5 YEARS (corrected figure )

 

 

Regarding this tomlin order I was going to ask the question about whether interest could be added to the £9,499.20 but I seem to have answered my own question above . as the answer is contained in the particulars of claim

 

observation

how long do you have to pay under the debt plan?

and maybe a silly question will signing this prejudice your other creditors ??

Edited August 12, 2008 by FANTASY CHARGES
just had a maths lesson

[tinkerbell20]

I’ve just read the particulars of claim on this case and seen at the end they state

 

“Together with:-Interest pursuant to s69 County Courts Act 1985 at the rate of 210.08pence per day to the date of Judgment or sooner payment” [£767 per year] which looks like 8% per year

 

Which to me means if this case ever got back in court there is a a nice little “financial time bomb” …..

 

 

Analysing how long it will take to pay off under the tomlin order

 

£9,499.20 at £14.27 PER MONTH = 666 PAYMENTS = 12.8 YEARS

 

Regarding this tomlin order I was going to ask the question about whether interest could be added to the £9,499.20 but I seem to have answered my own question above . as the answer is contained in the particulars of claim

 

observation

how long do you have to pay under the debt plan?

and maybe a silly question will signing this prejudice your other creditors ??

 

Think the Consent order needs amending to reflect that interest shouldn't be charged.................