MBNA

[cher69cher69]

Hi There everyone

I am a newbie on this site but been dealing with debt since i had a nervous breakdown in 2006. At that time i could not deal with any of my own financial affairs and was almost sectioned. My husband had to deal with everything and had done ok and most creditors were really nice. With the exception of MBNA. Their telephone advisors areabusive,rude, sarcastic, and down right nasty. They refused to acknowledge any of our letters which explained why they should not telephone us because of my mental state and to deal with us only by letter. In total we sent 21 letters they sent us 39 and not one was a reply to our letters, just them threatening us.

Then to top it off we received a pretty postcard with candles and towels on the front as if we had won a spa treatment or something and just a contact number on the back. My husband telephoned the number and guess what MBNA.He couldn't believe they would stoop so low as to try and decieve people into phoning them, especially when the people they are decieving are in enough mental distress to start with, without companies like this playing mind games with you. We were now in dispute because they wouldnt agree a reasonable payment plan because they wouldnt answer any of our letters,so because of this we reported them to the financial services ombudsman.(Which still hasnt been dealt with because they are busy).

From this we were contacted by global vantage saying they were dealing with the debt so my husband tried to deal with them but no joy. At this time he was tryingto make token payments of £1.00 per month but no one would give him a bank acc no or sort code to pay them into.

Then we got Link financial but we had no idea that they had any connection with MBNA. My husband folllowed the advice of CCCS and requested the copy of the written credit agreement because by now we were confused who to deal with. They also ignored all our letters they then took us to court. But thisis the best bit a guy from link financial contacted my husband and said to save messing about send the defence back to link they would then look at it and decide wether they thought we had a defence or not.

Now bearing in mind my husband had to care for me and my 84 year old mother who lives with us and our 3 children and 2 mortgages and 10 credit companies. He took them for their word and did what they asked. OF course in hindsight it was a stupid thing to do, but my husband had lost it by this time. In our defence he put that we were in dispute with mbna SO HOW COULD THEY SELL THE DEBT ON AND SO AS FAR AS WE WERE CONCERNED WE DIDNT OWE LINK FINANCIAL ANYTHING BECAUSE MBNA NEVER TOLD US THEY HAD SOLD THE DEBT ON. So LInk financial didnt send our defence into the court likethey promised on our behalf once they had picked the bones out of it. Hence the court never received it and we received a judgement in default. We disputed the judgement saying what had happened and the court removed the judgement but at the same hearing entered another judgement pending a statement from link financial.

My husband kept asking the judge how could they have got this far and how could they get us into court when we had requested on two occasions for link to send us a copy of the original signed credit agreement. We were under the impression that if you had requested this and they had not sent it then until they did they could not take any court action against you. But were told by the judge that this was irrrelevant now. hOW CAN THAT BE ITS IN THE LAW. WHY CAN THIS COMPANY JUST CARRY ON REGARDLESS OF THE LAW DOES IT NOT APPLY TO THEM. This is where we got confused can someone tell me pleaseeee if this is correct. Can the company still take you to court when you are waiting for them to furnish you with this document????? CAN A COMPANY START PROCEEDINGS WHEN THEY USE DECEIT AND LIES TO MISLEAD YOU.??? CAN THEY START PROCEEDINGS IF THE DEBT IS IN DISPUTE WITH THE ORIGINAL COMPANY TO START WITH?????? PLEASE HELP!!!!! I AM STILL NOT WELL!!! AND THIS IS NOT HELPING AND MY HUSBAND HAS HAD ENOUGH HE FEELS LIKE HE IS BANGING HIS HEAD AGAINST A BRICK WALL.
Thank you IN ADVANCE FOR ANY ADVICE YOU MAY BE ABLE TO GIVE SORRY i have rambled but thought you need to know the whole story. thankyou again Cher69cher69

[banker_rhymes_with]

Hello cher69cher69!

Welcome to CAG, you have come to the right place for genuine help.

I'll try and alert the Site Team, as it sounds like you are in the middle of a Court battle with MBNA/LINK, so I think the best plan will be to move this Post into a New Thread of your own where you can get dedicated help.

I suspect the Site Team will agree that this needs to be in the Legal Section, in view of the fact that MBNA/LINK have reached the Court stage.

Leave this with me, and your Post may be moved for you. If not, then I will come back to suggest that you start a New Thread of your own and then we can get started to help.

Cheers,
BRW

[MARTIN3030]

Thanks yes agreed will move.The answer to most of your questions here is NO they cant.
Theres lots of blatant breaches of OFT debt collection guidelines as well as others.

[banker_rhymes_with]

Hello cher69cher69!

(Many thanks MARTIN3030 for moving the Post into a New MBNA Thread).

OK, now you have your very own Thread, people can now help you directly.

The next Step is to try and clarify where you are with this, and where it started.

From reading your 1st Post, I think this is the position:

(1) Debt with MBNA.

(2) Harassment via MBNA, then Global Vantedge.

(3) Link came onto the scene and took you to Court.

(4) Court is in limbo at the moment, waiting for something from Link.

Can you please let us know if the above is an outline of your position, and perhaps let us know the key steps that have happened. For example:

(A) Did the MBNA Default you, and have you got a Copy of any Default Notice they sent.

(B) Did you receive a Notice of Assignment from MBNA when they passed this to Link?

(C) Have Link bought this Debt outright do you think, or are they acting on behalf of MBNA in any way.

(D) What Court Papers were sent to you, do you have these Copies?

(E) Can you please outline what happend in Court, and where you are with this now?

Are you able to Scan and Post any of the above Documents? If so, can you start Scanning them, but please make sure you hide any Private References, such as your Name, Address, or anything that can identify you.

The best way to upload Scans is via Photobucket.com ask here for advice if you need it.

I will try and help, but if I am not around, there will be others who can help at least as well as I can, probably better.

Finally, help is at hand, so now you must take stock of the situation and try not to let this get you down. That is what they want, so do not let them get away with it.

Keep your chin up!

Cheers,
BRW

[cher69cher69]

Oh I cant tell you how gratefull I am I just want to cry. I am sorry but that is the truth. It has been so hard for us and we have tried to get help, we contacted everyone cccs were dealing with it but link wouldnt aknowledge their calls even when they had written authority to do so. Solicitors were all booked up and couldnt see us before we had to fill the defences in. You guys are the first people to show a genuine interest and to give us some hope thankyou you dont know how much Cher69che69. I will do as you asked and find the documents as quickly as I can thanks again. Cher69

[cher69cher69]

Hi Banker Rhymes with...
Yes you have got it pretty much how it is in your post. It went something like this.
1. With MBNA Would not respond to our letters not even acknowledge them harrassment with phone calls early morning 8am and 9pm at night.
2. Default notice served by MBNA
3. informed by letter Global Vantage dealing with debt now
4. Link suddenly arrived , numberous request for copy credtit agreement all ignored, again would not contact via letter then took us to court and obtained a judgement by deception.
5. We went to court and obtained made an allocation for the judgement to be set aside
6. It was only to be replaced with another judgement for a lower sum, because the judge said my husband admitted to owing £5,000 to link but the judge misunderstood him he was only making a generalization in answer to the judges questiom "How much money do you owe". He didnt say "How much money do you owe Link or MBNA" So on receipt of this order saying my husband had admitted to owing £5,000 he now had to pay according to the new order.
7. Applyed to the court to have this judgement set aside due to the fact it shouldnt have been able to be brought to court in the firstplace because a) debt in dispute with MBNA 2) we didnt know the debt had been sold and didnt think it could be sold if in dispute 3)No copy credit agreement produced in stated time scale, original request october 2007.
8. Link sent in their allocation questionairre with copy of signed credit agreement but the signature on it is not my husbands. definately not thisis not the original credit agreement.
9. Court requires us now to send in our allocation questionaire by tuesday the 28th of July 2008. This is where we are now and where we are stuck because what ever we say seems to make no difference.

So that is the state of play at the moment sorry if i have confused you but i am confused myself. Thanks again Cher 69

[fiveyearplan]

Cher69 you're not alone. We have very similar thing with MBNA and our AQ has to be in tomorrow. Already we feel the court are ignoring what we say and going with MBNA.

[banker_rhymes_with]

Hello Cher69!

Court requires us now to send in our allocation questionaire by tuesday the 28th of July 2008

Wow, OK, on a short timescale.

Can you please double check your Dates, as the 28th is a Monday/Tomorrow!

Tuesday is the 29th.

I regret that I have no direct Court experience (yet), so I am not the best person to help on the AQ.

Hopefully someone else will jump in to help, or I will see if I cannot round up some of the CAG Big Guns to drop in here.

Cheers,
BRW

[creditcardmug]

Hi welcome, is your case now with your local court?
Is the form an n150?

Have a read here first to give you an idea

Directions for N150 or N149 Allocation questionnaire

Also check out this trhread particularly the last page

northern rock unseured loan court claim ! - **WON** STRUCK OUT

[cher69cher69]

Hi creditcardmug
Yes it is with the local court and it is an allocation questionaire N150 I will check out your links thank you cher 69.

[cher69cher69]

Hi Banker Rhymes with
Yes you are right itis tommorrow themonday the 28th I am in such a mess with everything going on. It just seems like between the court and link financial they have really got us tied up in knots because we knew nothing about the legal system, but it seems the court just please themselves with regard to companies supplying credit agreements within the specified time etc. I dont feellike they are on our side at all. I just want to scream!! I am scanning the documents you asked for as we speak. thanks so much back soon Cher 69

[banker_rhymes_with]

Hello Cher69!

In case I'm not around, if you need help, just click the Triangle Icon in your above Message for one of the Site Team to join in.

i.e. in case you need urgent help this Evening to get anything ready for Tomorrow.

Will help where I can, but I can't safely advise on Court procedure, as not had that pleasure yet!

Cheers,
BRW

[cher69cher69]

I have dug out everything I can find and have now got it in a pdf file . But i cant get my head round what my husband has to put as he defence now they have provided a copy of the original credit agreement although it is only 9 months ago when we first requested it! Now they produce one but the signature on it is not my husbands they must have done it themselves ???? you can tell the difference withthe court forms he has sighned should i mention this in thedefence???? oh god i dont know. We are asking the judge to set aside the judgement he made for £5,000 when the judge misunderstood my husband and took him to mean he was admittingto owing link £5,000 but he wasnt it was a generalisation. Plus at this time we still hadnt received the credit agreement. I just want him to remove the judgement and let mbna deal with it as they were supposed to in the beginning. Thanks i am sorry i am confused.

[banker_rhymes_with]

Hello Cher69!

I've tried to alert the Site Team, as my experience of Court is limited.

But that Agreement sounds very iffy to me.

Does it look like a real Agreement that your Husband has signed, or are you saying it looks dubious, as if it is not his Signature?

Also, does it look like a Microfiche Scan? i.e. very dark, hard to read etc?

Also, any sign of the Prescribed Terms, Credit Limit, Interest Rate, Payments?

Is this a Credit Card Debt?

Cheers,
BRW

[cher69cher69]

hi Banker rhymes with it is a credit card debt yes.
and it is not that dark but the signature is definately not his you can compare the two signatures with the court forms he has signed. I am trying to post copies of the agreement and forms but i dont know how to do it i tried copying an pasting from a pdf file but it would nt do it. God i am useless lol Cher 69

[banker_rhymes_with]

Hello Cher69!

Firstly, is all of your Private Details removed from the PDF?

If so, then to upload it to a Forum Message:

• Click the Go Advanced Button to open up the larger Edit Screen.
• Look for the Pa