Westcot Summons (MBNA claim)

[Amethyst]

Re: Westcot Summons (MBNA claim)

what did you enter as your full defence ?

[stressedout]

Re: Westcot Summons (MBNA claim)

what did you enter as your full defence ?

No CCA, DN or notice of assignment. They just tried to pass off generic T&C's as the agreement. All this has been going on for some time, but I don't think there is much chance of winning to be honest. I have recently discovered that they only have equitable assignment but am not too sure whether the Judge will be interested in that.

[basa48]

Re: Westcot Summons (MBNA claim)

Sorry, I'm getting a bit confused about this!!

Is Carey and McGuffick ONLY relevant in cases where the CCA has been requested under s77/78?

I thought I had read somewhere that it is not relevant for requests made under CPR?

My head is going to explode with all this?

IMO Carey & McGuffick are only relevant where a debtor is claiming an agreement is unenforceable because the creditor failed to provide a valid executed agreement pursuant to a s77/78 request.

Carey allowed a reconstituted agreement for s 78 info, and McGuffick is irrelevant.