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  • #31
    Re: Lowell/MBNA and enforcable agreement

    Originally posted by Flowerpower
    Probably not, but it's very misleading and should you end up in court, you'd have a hard time explaining all that to a judge!

    What that site is doing is highly questionable, it can do a lot more harm than good because it makes people believe what they're arguing is based on law when in fact is a load of old rubbish!
    It's almost worth going out and killing a Swan to see if the old laws are still enforceable

    Comment

    • #32
      Re: Lowell/MBNA and enforcable agreement

      Hi Broke!

      Welcome to AAD!

      Blimey getoutofdebtfree - theres a blast from the past! I had forgotten about that website and for good reason!

      At the very least you did take something away from there, which is there is no need to be scared of DCA's any more.

      It sounds like you are on the correct road now, but if you are in any doubt then you need to consider things from a common sense perspective.

      Getoutofdebtfrees method has not been tried and tested in court (at least to my knowledge though happy to be corrected). Its based on common law, which if it did go to court, you would find would become very expensive to defend, and if you lost your costs would be astronomical. So balance up the costs of a common law action against a contractual action.

      It also makes you look like a debt dodger, which is exactly what a DCA will paint you out to be in court.

      The next thing to look at is the consumer cases that have gone to court and won based on CCA's, UE, DCA harrassment etc, where the consumer has won.

      So make your judgement based on odds, do you risk an untried, and potentially stupidly expensive route where there are no black/white arguments?

      Or do you try a route that DCA's are reluctant to challenge, where you can allow them to hang themselves on harassment, unreasonable behaviour, unfair relationship, as well as contractual arguments such as UE.

      I think you can figure which side of the fence I sit on!

      Best
      SnV
      "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

      The consumer is that sleeping giant.!!


      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment

      • #33
        Re: Lowell/MBNA and enforcable agreement

        Right---some seem to be taking the mick here---anyone using my name without prior permission will be billed and sued Joke!!!!

        Never went down that particular route,just used their template letters which, in fairness bought me some time and gave me some time to do some proper research which eventually led me here. The whole copyright and trademark thing did kind of strike me as odd to say the very least--but I must admit I do like the thought of billing the dca's

        Broke

        Comment

        • #34
          Re: Lowell/MBNA and enforcable agreement

          Originally posted by broke View Post
          but I must admit I do like the thought of billing the dca's

          Broke
          Well that can still be done, but you have to get the DCA's to behave in a certain way for it to be valid, and things have to be phrased correctly in order for it to stick. I think this is something that Niddy has successfully done?

          Best
          SnV
          "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

          The consumer is that sleeping giant.!!


          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment

          • #35
            Re: Lowell/MBNA and enforcable agreement

            Originally posted by SaltnVinegar View Post
            Well that can still be done, but you have to get the DCA's to behave in a certain way for it to be valid, and things have to be phrased correctly in order for it to stick. I think this is something that Niddy has successfully done?
            This one?

            Niddy vs Aktiv Kapital - allaboutFORUMS
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

            • #36
              Re: Lowell/MBNA and enforcable agreement

              I couldn't resist and have signed up for a certain website just to look at their "magic formula" but the barstewards make you wait 48 hours before you can look at the letters. I need a right old laugh.
              Anyway off to catch my train with Santanders money

              Comment

              • #37
                Re: Lowell/MBNA and enforcable agreement

                I would post them up, but I refuse on principle to pollute this forum with that bollox.
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment

                • #38
                  Re: Lowell/MBNA and enforcable agreement

                  Originally posted by rizzle View Post
                  This one?

                  Niddy vs Aktiv Kapital - allaboutFORUMS
                  Sweeet! Yes!
                  "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                  The consumer is that sleeping giant.!!


                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment

                  • #39
                    Re: Lowell/MBNA and enforcable agreement

                    Originally posted by rizzle View Post
                    I would post them up, but I refuse on principle to pollute this forum with that bollox.
                    Its an 'approach' and good luck to him if it confuses his creditors for long enough his debts go SB.

                    Personally though I would put my faith in an approach that has been legally proven to work!
                    "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                    The consumer is that sleeping giant.!!


                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment

                    • #40
                      Re: Lowell/MBNA and enforcable agreement

                      So that's why dx doesn't work for one. His brain isn't big enough.
                      Yes they advise people from several English speaking countries so it must all be true. What's all that cap about Jon xxxxx of the family:xxxxx

                      Comment

                      • #41
                        Re: Lowell/MBNA and enforcable agreement

                        Originally posted by rizzle View Post
                        This one?

                        Niddy vs Aktiv Kapital - allaboutFORUMS
                        Ahh those were the days - well if you're gonna teach people how to do it, you gotta do it yourself first right?

                        That's why I don't suggest it cos I got lucky, there is no agreement between us and they really shouldn't have paid me off - but they did
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                        • #42
                          Re: Lowell/MBNA and enforcable agreement

                          Yep. If I remember, Carpquest didn't work so well?

                          And they tried to report YOU to the FOS, or something equally insane?
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment

                          • #43
                            Re: Lowell/MBNA and enforcable agreement

                            Originally posted by rizzle View Post
                            Yep. If I remember, Carpquest didn't work so well?

                            And they tried to report YOU to the FOS, or something equally insane?
                            Yea, that's the one - they reported me to the FOS -

                            Ok, that worked well - incidentally, the FOS never did get back to me over it

                            Idiots aren't they!! However that's not finished yet, I have just been busy - a full FOS assault against CrapQuest will come in due course
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment

                            • #44
                              Re: Lowell/MBNA and enforcable agreement

                              on a side note - getoutofdebtfree is the first place i stumbled upon until i found you guys.

                              I questioned their methods at the time because as has been said, not been tested in court.

                              In fact the only test in court didnt actually test their method, all they did was make an arrest on the judge for not swearing in before sitting in court.

                              So its still untested, and the site owner fails to properly explain reasons behind his methods.

                              The difference between that site and Niddy, is Niddy tells you how it is based on Fact, that site, simpely just tells u what to do based on common law.

                              And trying to get a statue county court to accept common law, is like getting blood from a stone. For a start most county courts have no idea of the rights under common law, and a judge is unlikely to allow u to argue it.
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment

                              • #45
                                Re: Lowell/MBNA and enforcable agreement

                                Rightyho.....agreement scanned and being emailed as we speak,got a horrible feeling it's gonna turn out to be enforcable but i will keep everything crossed. I have a feeling that it will be statute barred in 2014 so may be able to keep playing ping pong with them till then!!!

                                Comment

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