So back from court, won on failure to issue correct notice of default, that took claimant down to just Arrears outstanding.
Then came the argument regarding Unlawful Termination, I said that MBNA had added a default to my credit file on the 31/08/2009, and "charged off" the account then issued an incorrect default notice 07/09/2009 demanding full balance, with a remedy date of 24/09/2009 but sold the debt on the 15/09/2009.
Therefore Unlawful Termination! NO not according ot the judge, the debt still current just because they sold it does not matter, "but the incorrect NoD and selling it on whilst in default under the CCA 1974" I replied.
well that p***ed on my chips, the Judge stated that I had defaulted on the agreement and was therefore in breach of the agreement by letting the account fall into arrears, I replied with".
Judge "why not"? "selling the agreement before issuing s98A" I replied, Judge then said, you seem to be a little confused about what the creditor can and can't do, for an assignment to be effective it only requires acknowledgement from the Creditor that a debt exist, there's no need for an agreement to be past over, the creditor can assign the performance and right to receive to another, as these debts are sold in bundles the Assignee is not required to inspect everyone, the Assignee will just process the debt as if he were the original creditor.
But the Assignor/Assignee agreement makes reference to T's&C's of the Account agreement so surely they need to hold an agreement? Judge NO.
So my short lived victory ends with the Judge not prepare to accept that MBNA had performed an Unlawful Termination and therefore that agreement is still current and the DCA claiming the Arrears with SIX years worth of Interest and minimum payments which after a quick calculation by the other sides Barrister equaled about 3 times the original claim! so good news is that they can only have the value of the original claim plus interest at 2% plus costs which I got reduced by 25% due to winning the faulty Notice of Default argument.
I don't understand how if the agreement between MBNA and I was a contract how can MBNA not be in Breach by "Charging-Off" the account and then selling it to a third party?
Should I consider an appeal?
A shoulder to cry on would be handy about now :C