Credit Card proof

[Dolphin]

Re: Credit Card proof

Thank you Di.
Okay I can send a CCA Request today.
I don't know how it was opened, because I don't recognise or remember it. The CCA they have sent me doesn't say which method of it being opened, but I assumed online because it is merely a tick in a box "I confirm that the tick in this box is a valid means of establishing the authenticity and integrity of my signature to this credit agreement. I understand that MBNA will hold this acceptance data on their files". It was May '07. Thank you.

[Diana M]

Re: Credit Card proof

I don't know how it was opened, because I don't recognise or remember it. The CCA they have sent me doesn't say which method of it being opened, but I assumed online because it is merely a tick in a box "I confirm that the tick in this box is a valid means of establishing the authenticity and integrity of my signature to this credit agreement. I understand that MBNA will hold this acceptance data on their files". It was May '07.

Lesson No 1: never assume that what the other side tells you is automatically 'honest and accurate' when it comes to them producing documents.

You need to run forensics over them first.

So if you don't recognise the number on the "CCA" they've sent you is there anything on there that genuinely links the document to you?

Di

[Dolphin]

Re: Credit Card proof

Thank you for replying Di.
The only thing on the CCA is my full name and address I was living at during that time. Nothing else.
Do I still send a s. 77- 79 CCA Request? The claimant's solicitors are harassing me to make an arrangement for payment. They would need to send their Witness statement by Monday.
Do I get an opportunity to write a Witness statement. My Defence was originally written in relation to pre protocol - the subsequent paperwork they have sent me as outlined above was only given to me a couple of weeks ago.
Thank you Di.

[Diana M]

Re: Credit Card proof

Do I still send a s. 77- 79 CCA Request? The claimant's solicitors are harassing me to make an arrangement for payment. They would need to send their Witness statement by Monday.
Do I get an opportunity to write a Witness statement. My Defence was originally written in relation to pre protocol - the subsequent paperwork they have sent me as outlined above was only given to me a couple of weeks ago.

Without seeing the papers I can't comment in any detail on your case or suggest whether you need or should try to settle the matter.

But if there is a court Order with Directions to file your Witness Statement by next Monday (does it say both parties or only the Claimant which would be odd?) then that is what you must do or you'll risk having your Defence struck out.

When is the hearing date?

From what you have posted on your thread so far, an Amended Defence (as well as a WS) may be the way forward but like I say without seeing the documentation I can't advise.

Send the s. 77-79 CCA Request pronto.

Di

[Dolphin]

Re: Credit Card proof

Without seeing the papers I can't comment in any detail on your case or suggest whether you need or should try to settle the matter.

But if there is a court Order with Directions to file your Witness Statement by next Monday (does it say both parties or only the Claimant which would be odd?) then that is what you must do or you'll risk having your Defence struck out.

When is the hearing date?

From what you have posted on your thread so far, an Amended Defence (as well as a WS) may be the way forward but like I say without seeing the documentation I can't advise.

Send the s. 77-79 CCA Request pronto.

Di

There is a Notice of Allocation to the Small Claims Track the Directions include that each party must deliver to other party and the court copies of all docs to be relied upon in court. It also asks for original docs to be brought to hearing. And must include the statements of all witnesses. It does not offer an Amended Defence, but I did not have the information sent from the claimant's solicitors when I wrote my Defence several months ago.
Thank you Di.
Thank you Di.

[Diana M]

Re: Credit Card proof

You need permission from the court (or agreement by consent from the Claimant) to file/serve an Amended Defence.

Right now I have no idea if that is what you should be doing since you've not given the forum enough information to go on.

So post/type up the Particulars of Claim (because that's what you'll be defending/arguing in court) removing anything which could identify you.

Also post the gist of your Defence or your Defence word-for-word removing anything which could identify you.

Then one of the Beagles will be able to help you with your Witness Statement which you say must be filed/served by Monday.

They will also need to see the documents produced by the Claimant too.

When is the hearing date ?

Di

[Dolphin]

Re: Credit Card proof

You need permission from the court (or agreement by consent from the Claimant) to file/serve an Amended Defence.

Right now I have no idea if that is what you should be doing since you've not given the forum enough information to go on.

So post/type up the Particulars of Claim (because that's what you'll be defending/arguing in court) removing anything which could identify you.

Also post the gist of your Defence or your Defence word-for-word removing anything which could identify you.

Then one of the Beagles will be able to help you with your Witness Statement which you say must be filed/served by Monday.

They will also need to see the documents produced by the Claimant too.



When is the hearing date ?

Di

Thank you Di. I feel overwhelmed. Before doing as you propose, I have looked again through all the papers supplied by the claimant's solicitors. I have something to add, which may change your advice... It would seem that the '£1' paid is on which looks like a credit card statement with balance and a faster payment of £1 CR... the date of this is is Oct'11 at an address I had moved from several months before.
It has taken a lot of time and effort to get a CCJ set aside. I am now feeling I ought to just make an offer to settle. My question in this regard is: Should I write a without prejudice letter and make an offer? If so what sort of amount? (I will have to borrow this from a family member, but at least I won't have the same pressure).
Adding to this, if I go to court with is on 18th July (Back to Back at moment)... and the claimant wins, what happens? Is that an immediate CCJ and would I have the opportunity to make affordable payments?
Thank you for taking so much time to help me with this.

[MIKE770]

Re: Credit Card proof

CCJ you would have 28 days to pay all if not any agreement by instalments = Registered CCJ ..


but for now check the dates on Bank statements for payments you mentioned also was CCA1974 request at the time made with £1.00 payment as per legislation, i question at this stage if a Phantom payment?? sure Di will respond???? need to move fast as time is of essence here? if need be you could ask for tomlin order as a very last resort maybe.

[Dolphin]

Re: Credit Card proof

Thank you MIKE770 for replying. Yes, hopefully Di will reply she has been very helpful. But in regard to agreement by instalments - would that still have a CCJ attached to it? Thank you.

[Kati]

Re: Credit Card proof

Yes, hopefully Di will reply she has been very helpful.

[MENTION=87380]Diana M[/MENTION] always is xx

[MIKE770]

Re: Credit Card proof

Thank you MIKE770 for replying. Yes, hopefully Di will reply she has been very helpful. But in regard to agreement by instalments - would that still have a CCJ attached to it? Thank you.

if a Tomlin order prior to case then no but mis a payment then they could apply to court again, . priority is find how these payments made and what for

[Dolphin]

Re: Credit Card proof

@Diana M always is xx

Unfortunately, I don't seem to have received any advice here today. I had a car accident this afternoon, a hit and run... fortunately, I only have minor injuries, the car took the brunt! Three strangers stopped to help and be witnesses... kindness is a rarity these days.. it has reminded me that life is too short, this could have been fatal... this problem is only money.

Thanks to all who have replied, but really I am no wiser. I will do the best I can solo and take the consequences.

Kind regards and thanks.

[warwick65]

Re: Credit Card proof

Hi Dolphin
I hope you are feeling.ok after your collision today

I realise just how stressful this is for you. I would say i have kept out of this because you have been in eccellent hands but you have been asked some questions which i can't see the answers to such as type out the particulars if claim.

Maybe if you take a deeply breath, read the posts made and note down the questions then answer them one by one people will have an easier understanding.

If you have answered them easy accept my spologises.

Also,hard as it is to.remember, people.help on.here for love not money - we all do this for free and we do have busy lives as well.

[Dolphin]

Re: Credit Card proof

Hi Dolphin
I hope you are feeling.ok after your collision today

I realise just how stressful this is for you. I would say i have kept out of this because you have been in eccellent hands but you have been asked some questions which i can't see the answers to such as type out the particulars if claim.

Maybe if you take a deeply breath, read the posts made and note down the questions then answer them one by one people will have an easier understanding.

If you have answered them easy accept my spologises.

Also,hard as it is to.remember, people.help on.here for love not money - we all do this for free and we do have busy lives as well.

Thank you Warwick65.
I am very grateful that people like you give up their time to advise people like myself.
I merely make the point that for me personally, I had a jolt today reminding me of what is really important.
As I said, this is only money and not worth the stress involved. I thought that reminder may help someone else.
Because of the crash, I have not been able to write out the particulars of claim today and I realise I am timing out.
I apologise if my specific questions were not clear.
Thank you all for your help.

[warwick65]

Re: Credit Card proof

Hi Dolphin

Yes in some respects you are right- it is only money but please don't let the obviously disturbing events of yesterday make you do something you may later regret - such as letting them win!

I was only pointing out that there may have been reasons why people had not been on your thread yesterday , other time commitments, waiting for you to clarify your position etc. It certainly was not because people do not care

Good luck