Stix v Cabot/MBNA - Please help :-)

[stix]

Re: Stix v Cabot/MBNA - Please help :-)

Hi Guys - Quick update.

I've had a response from Morgans to my cpr requests - copy of agreement and t&c's etc I posted above..and a statement which shows the increase in the amount is due to interest @12 % which they suddenly started adding.
I also had an allocation questionaire land on my doorstep yesterday from my local court,,,this has to be filled in and returned by27th Sept.

Now then, my problem is this:
9 days ago I was involved in a traffic accident,,,shattered my ankle (plates and pins inserted), damaged arms and shoulders, knocked a few teeth out and re-arranged others. I came out of hospital 2 days ago. I am literally crawling round the house beacuse I dont have the strength back yet to use crutches. I can just about use a frame, but its a struggle I can tell you.
I dont remember a thing about the accident, but it has left me slightly concussed and confused and I've kind of lost my way with all this at the moment.
What I really need to know right now is if there is a way I can have things put on hold, so to speak, until I'm well again?!?!
There is no way I can cope with this at the moment.

[middenmess]

Re: Stix v Cabot/MBNA - Please help :-)

Hi Stix

So sorry to hear about your accident-here's wishing you a speedy and full recovery

As to the court proceedings,perhaps a phone call to the court manager asking for their advice and guidence?

If you detail as your post above and also include the fact that you are on pain relieving medication I would imagine that you should be able to delay for some time until you are at least mobile again.

Hopefully others will be along soon with more advice.

[stix]

Re: Stix v Cabot/MBNA - Please help :-)

Thanx middenmess.
It didn't occur to me to ring the court - I'll do that tomorrow and see what they can suggest :-)

[Ubiquitous Dot]

Re: Stix v Cabot/MBNA - Please help :-)

In respect of the interest being levied, it appears that Cabot applied it in retrospect as in once they thought they could charge it they then decided to charge it and backdated it at that. I don't think this would sit well with a judge but that is my opinion.

[paulb2905]

Re: Stix v Cabot/MBNA - Please help :-)

Hey Stix hope your recovering well!! Feel for you bud with myself in a car crash 10+ years ago and took 9 months before i could walk without crutches.

Just wondered how you were getting on with the case??

Couple of points;
Those T&Cs are "recent" £12 charge for penalty so clearly were not those in effect when the debt was sold in 2001.
Also where are your T&C's that were in effect in 1999
Where are the prescribed terms - cant see them anywhere????
Also i think i see a tick for PPI, did you request this etc/recover charges on it.

I have a "copy" of the prescribed terms that were purported to be on the reverse of my application (which is a lot smaller than your app.)

[Mysticpols10]

Re: Stix v Cabot/MBNA - Please help :-)

subbing ps. Hope you are recovering well hun! Mpols x

[pt2537]

Re: Stix v Cabot/MBNA - Please help :-)

Newbie - Settling out of Court

lol Cabot lost against us yesterday

Sillybeggers

[Angry Cat]

Re: Stix v Cabot/MBNA - Please help :-)

Newbie - Settling out of Court

lol Cabot lost against us yesterday

Sillybeggers

Brilliant

[Caspar]

Re: Stix v Cabot/MBNA - Please help :-)

Fantastic - well done you!:beagle:

[pt2537]

Re: Stix v Cabot/MBNA - Please help :-)

lol yeah well i have little sympathy for them, i told them they were gonna lose, i told them again they were gonna lose, we instructed counsel, i told them they were gonna lose, i told them again and again they were gonna lose

and

they lost.

I feel happy for the client though in all honesty , as the possibility was that they could have lost, and t heir home placed at risk etc and fortunatley now that is not the case

[pt2537]

Re: Stix v Cabot/MBNA - Please help :-)

facts of this case mirror the case we took to trial, it seems, if them terms are from 2001 then i will go eat my hat, thats how sure i am of their weakness in their case

i bet if there were some digging done you would find more in accuracies

[Angry Cat]

Re: Stix v Cabot/MBNA - Please help :-)

facts of this case mirror the case we took to trial, it seems, if them terms are from 2001 then i will go eat my hat, thats how sure i am of their weakness in their case

i bet if there were some digging done you would find more in accuracies

The terms provided are not from 2001, neither are they from 1999!

No need to go eat your hat, PT

Please see point 2.20:
http://www.berr.gov.uk/files/file23663.pdf

[pt2537]

Re: Stix v Cabot/MBNA - Please help :-)

The terms provided are not from 2001, neither are they from 1999!

No need to go eat your hat, PT

lol i know, cos if they were id be back at the High Court seeking perjury proceedings against one of MBNAs staff,

cant say why as the matter is ongoing,but them terms arent the correct ones and under contract law, it is the terms applicable at the point of assignment they need unless they can show variation has occurred under s82 CCA

[Angry Cat]

Re: Stix v Cabot/MBNA - Please help :-)

lol i know, cos if they were id be back at the High Court seeking perjury proceedings against one of MBNAs staff,

cant say why as the matter is ongoing,but them terms arent the correct ones and under contract law, it is the terms applicable at the point of assignment they need unless they can show variation has occurred under s82 CCA

Absolutely!

You can't blame Morgan/MBN$ for trying, though...

[paulb2905]

Re: Stix v Cabot/MBNA - Please help :-)

Awesome result!

AG/PT would you have chance to cast a "weather" eye over my thread Me v Restons/MBNA at some point i would value any feedback