Foxy v MBNA

[mystery1]

Re: Foxy v MBNA

http://www.justice.gov.uk/courts/pro...es/part15#15.5

Agreement extending the period for filing a defence
15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.



Well you've done all that the rules require of you. The opponent knows you've agreed the extension. If they break that agreement they'll be in trouble as you'd report them to SRA and you'd make an application to the court which they'd suffer the expense of.

Having said that, it's not going to happen.

M1

[Mr $quandaŁot]

Re: Foxy v MBNA

What do you mean by 'it's not going to happen'? Do you expect MBNA to discontinue?

[mystery1]

Re: Foxy v MBNA

What do you mean by 'it's not going to happen'? Do you expect MBNA to discontinue?

No, i expect that they will not apply for default judgement afetr having agreed to extend the period for filing a defence.

M1

[Foxyflugel]

Re: Foxy v MBNA

Today I have received an email with 3 docs attached to it.

Credit Agreement
Default Notice
Notice of Assignment.

I will look at my paperwork when I get home from work to see how this matches up.

The credit agreement appears to be a little cut off piece from the bottom of a form - it has credit reference and credit limit on there. It is a really poor copy and very small.

Will try and post them up later when I have removed all my details.

Foxy

[Foxyflugel]

Re: Foxy v MBNA

I'm struggling as they have been sent in PDF format. How do I block my details out of a PDF document - been trying for the last hour. :help:

[mystery1]

Re: Foxy v MBNA

http://www.pcadvisor.co.uk/how-to/so...df-modify-pdf/

M1

[Amethyst]

Re: Foxy v MBNA

I cheat, but I have a big monitor so I can.... I have the pdf page on screen, do a ctrl prtScrn, then paste to PAINT, crop it, then block out my details and save as a jpeg or png xxx

[Amethyst]

Re: Foxy v MBNA

Today I have received an email with 3 docs attached to it.

Credit Agreement
Default Notice
Notice of Assignment.

I will look at my paperwork when I get home from work to see how this matches up.

The credit agreement appears to be a little cut off piece from the bottom of a form - it has credit reference and credit limit on there. It is a really poor copy and very small.

Will try and post them up later when I have removed all my details.

Foxy

Did you receive anything back of your CCA request as well ?

[Foxyflugel]

Re: Foxy v MBNA

Thanks for your replies.

I've just been looking through my docs from a few years ago and it would appear that it is actually Abbey not MBNA - I take it they are one and the same.

In 2010 I sent them a harrassment by telephone letter as it was getting unbearable.

Also in 2010 I sent a CCA request and they sent me exactly what they have sent me this time - I sent the letter back saying that it does not meet the requirements and is therefore unenforceable. I also put the account in dispute at the beginning of June 2010 and they defaulted me (and obviously sold the debt on) at the end of June 2010.

In the solicitors email she refers to the agreement as a 'signed credit card application'.

I have the other docs saved with the relevant details blanked out so will post those up as they are exactly the same.

Thanks

[Foxyflugel]

Re: Foxy v MBNA

[Amethyst]

Re: Foxy v MBNA

'I received a copy of, and agreed to be bound by, the Abbey credit card terms and conditions'...... did you ?

[Foxyflugel]

Re: Foxy v MBNA

[Foxyflugel]

Re: Foxy v MBNA

[Foxyflugel]

Re: Foxy v MBNA

The above docs have been sent as the agreement and the default notice is dated 7th July 2010 and gave me until 26th July to remedy it.

I will have to post the other docs tomorrow as I cannot blank the details out on my PC. The NOA and default notice.

Thanks :tinysmile_aha_t:

[Amethyst]

Re: Foxy v MBNA

To fully comply with the CCA they must give you the paragraphs 4 to 19 mentioned on the credit agreement.

However it does appear all the prescribed terms are present on the signed document.

The extra terms mentioned can be reconstructed.

Default notice sounds ok.