MBNA C/Card so far with 10 to go?

[icepop55]

Hi Steven

 

Having problems with printing these files....

CC(CN&CD)R1983

CC(A)R1983

 

I am receiving "PWP-404 Error This page cannot be found MESSAGE.

[steven4064]

Try now

 

(I put them on one of my web pages - made a mess of copying them )

 

Remember too, the witness statement has teh same format as the defence

IN THE xxxxxxxx COUNTY COURT

CLAIM NUMBER XXXXXX

 

 

 

BETWEEN

xxxxxxxxxxx- CLAIMANT

 

and

 

 

xxxxxxxxxxxxx - DEFENDANT

 

-----------------------------

 

WITNESS STATEMENT

 

-----------------------------

 

 

 

and "dated this xxth day of xxxx 2008" at the end after the signature.

Edited July 4, 2008 by steven4064

[icepop55]

All is Fine!!!!

Thanks. PRINTED

 

Its late so I will contact you later for more infor...many thanks.

[pt2537]

Hi there

 

Looks good to me Steven;) , i cannot believe that their grounds for slinging a case out is because you have taken advice from here, that beggers belief

 

so if they take a disliking to the CAB for example will they complain that the CAB arent allowed to offer legal help?

 

Utter nonsense isnt it,

 

Regards

 

Paul

[Vulture_Bank]

 

on reading the above it is assumed that the claimant has filed in court as evidence copies of

 

1. credit agreement

2. terms and conditions

3. default notice

4. statements of account (march 06 to april 08)

 

it is suggested that a copy of the application notice for summary judgement and the evidence (as per items 1 to 4 listed above) should indeed be served on the defendant. If this has not been done perhaps the defendant should take the matter up with the local court

 

on researching the thread further it seems a copy of an agreement without prescribed terms has indeed been sent to you , what is the situation with the default notice ?

Edited July 5, 2008 by Vulture_Bank
wrong assumption made re application form

[steven4064]

icepop

 

here are the 4 cases you need as well

 

Wilson v Hurstanger

Wilson v First County Trust

Woodchester v Swain

Kpohraror v Woolwich BS

 

I have added a sentence to the end of para 7 of the witness statement. If you have already printed it, it doesn't matter, but it is a quetsion you might want to ask in court.

Edited July 5, 2008 by steven4064

[citizenB]

Legsligation:

 

CCA1974

CC(CN&CD)R1983

CC(A)R1983

CEA1995

 

 

Gulp, that first one 104 pages !.. Do they all have to be printed off please:)

[icepop55]

on reading the above it is assumed that the claimant has filed in court as evidence copies of

 

1. credit agreement

2. terms and conditions

3. default notice

4. statements of account (march 06 to april 08)

 

it is suggested that a copy of the application notice for summary judgement and the evidence (as per items 1 to 4 listed above) should indeed be served on the defendant. If this has not been done perhaps the defendant should take the matter up with the local court

 

on researching the thread further it seems a copy of an agreement without prescribed terms has indeed been sent to you , what is the situation with the default notice ?

 

Hi there

Inaccurate and defective default notice.Not in accordance with CCA.

The default does not give you 14 days from date of service to remedy the default. In my case I was given 13 days.

Which means its unlawful. This is set out by the (enforcement, default and termination notices) Regulation 1983 (SI 1983/1561).

[steven4064]

You could include that as a paragraph in the witness statement and add those regs to the list of things to be complied with at the end.

[Vulture_Bank]

Hi there

Inaccurate and defective default notice.Not in accordance with CCA.

The default does not give you 14 days from date of service to remedy the default. In my case I was given 13 days.

Which means its unlawful. This is set out by the (enforcement, default and termination notices) Regulation 1983 (SI 1983/1561).

 

 

ummmmmmmmmmmmm

 

see

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1554866.html

[Vulture_Bank]

Hi there

Inaccurate and defective default notice.Not in accordance with CCA.

The default does not give you 14 days from date of service to remedy the default. In my case I was given 13 days.

Which means its unlawful. This is set out by the (enforcement, default and termination notices) Regulation 1983 (SI 1983/1561).

 

 

moreover your default notice says

 

We refer to the above agreement which you have entered into with us. Clause 3 of that agreement provides that you must repay immediately the amount of any arrears on the account. You are in breach of that clause because you have failed to make such payment and are seriously in arrears.

 

however in fact clause 3 of the current terms and conditions

it is suggested refers to key information hence we have another reason why the default notice is invalid

[icepop55]

Hi Steven

Thanks again for the infor on (cases).

It seems the 'Woodchurch v Swain' is on your Webpage Site? I can't PRINT!!!!!!

[icepop55]

Hi Vulture Bank

 

The default notice was also sent with penalty charges?

[steven4064]

Hi Steven

Thanks again for the infor on (cases).

It seems the 'Woodchurch v Swain' is on your Webpage Site? I can't PRINT!!!!!!

They are all on my web site. You can't print it because it's woodchester not woodchurch

 

Sorry

[icepop55]

Hi Sven

So sorry I have now printed ALL.

I am having a computer nightmare at the moment? My desktop is not allowing any follow-on when clicking and therefore,it is crashing when I need to follow onto further......

So I now am using a laptop in between to try and answer further stuff!!!!

NOT WHAT I NEED AT THIS MOMENT.F>>>>>>K Computers!!!!

[icepop55]

Hi Vulture Bank

 

Please EXplaint? I have looked but,all I see is the same #!!!!

[Vulture_Bank]

Hi Sven

So sorry I have now printed ALL.

I am having a computer nightmare at the moment? My desktop is not allowing any follow-on when clicking and therefore,it is crashing when I need to follow onto further......

So I now am using a laptop in between to try and answer further stuff!!!!

NOT WHAT I NEED AT THIS MOMENT.F>>>>>>K Computers!!!!

 

SAVE THE DOCUMENT AS A PDF ON THE COMputer then print out from there. maybe printout one page at a time if needed

[icepop55]

Hi All

 

Today recieved a letter from Court; NOTICE OF AJOURNED HEARING.

There (Restons) have applied to move the court hearing to the 28th July.

I phoned the court manager today to ask the date to be moved again to the 11th August for I do not return from holiday until the 2nd...

 

My annoyance with both(Court & Restons) is that I announce that certain dates that I could'nt make?

 

It seems 'Restons' are playing silly buggers and the courts did'nt check A/Q before allowing the AJOURNMENT.

[steven4064]

I would follow up the phne call to the court mamager with a letter - always put everything in writing. Point out that they have chosen a date that you have already told thm youcan't make on your AQ.

[icepop55]

Hi Steven

 

The court manager did apologize about the appointment and did approve about the 11th August.

He is confirming this in writing.

[steven4064]

good

[icepop55]

Hi there

Inaccurate and defective default notice.Not in accordance with CCA.

The default does not give you 14 days from date of service to remedy the default. In my case I was given 13 days.

Which means its unlawful. This is set out by the (enforcement, default and termination notices) Regulation 1983 (SI 1983/1561).

 

 

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?

[steven4064]

If you refer to it, you will need to attach a paper copy (it can't be that long, can it?)

 

I can't find a copy off hand

[icepop55]

Thanks Steven

If and when you find it,could you please let me have a copy.

[icepop55]

moreover your default notice says

 

We refer to the above agreement which you have entered into with us. Clause 3 of that agreement provides that you must repay immediately the amount of any arrears on the account. You are in breach of that clause because you have failed to make such payment and are seriously in arrears.

 

however in fact clause 3 of the current terms and conditions

it is suggested refers to key information hence we have another reason why the default notice is invalid

 

 

Hi Vulture Bank

 

On permalink #86, What is the connection with the above quote? I am having difficulty in trying to understand this.

Default/T&C......Could you explain please? The old brain not functioning at this moment