Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

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  1. #1
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    Default Claim from MBNA / **DISCONTINUED**

    Hi
    on the 22nd MAY i requested both SARicon and CCA, I recieved my statements and I have no charges to claim back, but MBNAicon have not sent me CCA which was due 7th June. Should I wait 30 more days or should I send a reminder or should I do nothing?
    Gill

    Similar Threads:

  2. #2
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    Default Re: Claim from MBNA

    update
    MBNAicon are horrible people to deal with, they phone me at work as well as home but have not supplied the correct CCA and have now passed the acount to 'Restons Solictors'
    did not update this thread earlier as was following advice from other threads

    1)WOOLWICH full refund of charges £260.00 WON
    2)MBNA Recieved wasted costs order WON, Jan '12 default at Experian yet to be removed
    3)WOOLWICH BARCLAYCARD(credit card) WRITTEN OFF-WON
    4)CCA BARCLAYCARD(Mastercard)(c redit card)01.04.08 court case stayed Jan '12 still the same
    5)22.05.07 CCA BARCLAYCARD(VISA)(credit card)22.05.07 TO 22.07.08 correspondence
    10.09.08 ACCOUNT REDUCED TO ZERO-----WON NOT YET.
    Jan '12 they changed their minds account not reduced to zero, Default on file, but I don't hear from them.
    6)CITI (credit card)dec 2008 citi have gone silent
    Jan '12 I have not heard from CITI since Nov '10 and default not at Experian anymore
    7) CAPITAL ONE. account written off and defaults dissapeared.

  3. #3
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    Default Re: Claim from MBNA


    This is what they sent me

    1)WOOLWICH full refund of charges £260.00 WON
    2)MBNA Recieved wasted costs order WON, Jan '12 default at Experian yet to be removed
    3)WOOLWICH BARCLAYCARD(credit card) WRITTEN OFF-WON
    4)CCA BARCLAYCARD(Mastercard)(c redit card)01.04.08 court case stayed Jan '12 still the same
    5)22.05.07 CCA BARCLAYCARD(VISA)(credit card)22.05.07 TO 22.07.08 correspondence
    10.09.08 ACCOUNT REDUCED TO ZERO-----WON NOT YET.
    Jan '12 they changed their minds account not reduced to zero, Default on file, but I don't hear from them.
    6)CITI (credit card)dec 2008 citi have gone silent
    Jan '12 I have not heard from CITI since Nov '10 and default not at Experian anymore
    7) CAPITAL ONE. account written off and defaults dissapeared.

  4. #4
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    Default Re: Claim from MBNA

    Hi my opinion this is an application form and if it could be classed as an agreement(not in my opinion) then I cannot see the following prescribed terms the credit limit, the rate of interesticon, details of any power to vary the agreement or debtors repayment obligations. Although this is difficult to determine when referring to your agreement as it is almost impossible to read. I would advise that you write stating you believe the agreement is improperly executed, and as a consequence is irredeemably unenforceable (See Wilson v First County Trust CA).


    all the best dpick

    cannot find it A to Z

    http://www.consumeractiongroup.co.uk...hat-youre.html


    Halifax
    Paid in full £2295

    MBNA 20/03/2008 settled in full out of court

    Capital One
    07/07/2007 Capital one charges paid in full £1666
    19/01/2008 recovered PPI £2216 + costs

    Littlewoods
    12/08/2007 write off £1176.10 debt.

    JD Williams charges refunded in full £640

  5. #5
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    Default Re: Claim from MBNA

    UPDATE
    Thankyou dpick advice duly noted
    I have had a response from ICO, it could cause a debate
    here it is for your perusal
    http://i207.photobucket.com/albums/b...2007/93ICO.jpg
    and
    http://i207.photobucket.com/albums/b...2007/92ICO.jpg

    1)WOOLWICH full refund of charges £260.00 WON
    2)MBNA Recieved wasted costs order WON, Jan '12 default at Experian yet to be removed
    3)WOOLWICH BARCLAYCARD(credit card) WRITTEN OFF-WON
    4)CCA BARCLAYCARD(Mastercard)(c redit card)01.04.08 court case stayed Jan '12 still the same
    5)22.05.07 CCA BARCLAYCARD(VISA)(credit card)22.05.07 TO 22.07.08 correspondence
    10.09.08 ACCOUNT REDUCED TO ZERO-----WON NOT YET.
    Jan '12 they changed their minds account not reduced to zero, Default on file, but I don't hear from them.
    6)CITI (credit card)dec 2008 citi have gone silent
    Jan '12 I have not heard from CITI since Nov '10 and default not at Experian anymore
    7) CAPITAL ONE. account written off and defaults dissapeared.

  6. #6
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    Default Re: Claim from MBNA

    UPDATE-2
    I wrote to restons explaining that the account should not have been passed to them, they wrote back to acknowledge my letter and I have not heard anything from MBNAicon or restons for I month now
    Gill5blue

    1)WOOLWICH full refund of charges £260.00 WON
    2)MBNA Recieved wasted costs order WON, Jan '12 default at Experian yet to be removed
    3)WOOLWICH BARCLAYCARD(credit card) WRITTEN OFF-WON
    4)CCA BARCLAYCARD(Mastercard)(c redit card)01.04.08 court case stayed Jan '12 still the same
    5)22.05.07 CCA BARCLAYCARD(VISA)(credit card)22.05.07 TO 22.07.08 correspondence
    10.09.08 ACCOUNT REDUCED TO ZERO-----WON NOT YET.
    Jan '12 they changed their minds account not reduced to zero, Default on file, but I don't hear from them.
    6)CITI (credit card)dec 2008 citi have gone silent
    Jan '12 I have not heard from CITI since Nov '10 and default not at Experian anymore
    7) CAPITAL ONE. account written off and defaults dissapeared.

  7. #7
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    Default Re: Claim from MBNA

    Hi EVERYONE
    I am updating my threads today
    I have not heard from MBNAicon or Restons for 2 months now?????????????
    All is quiet at the moment

    1)WOOLWICH full refund of charges £260.00 WON
    2)MBNA Recieved wasted costs order WON, Jan '12 default at Experian yet to be removed
    3)WOOLWICH BARCLAYCARD(credit card) WRITTEN OFF-WON
    4)CCA BARCLAYCARD(Mastercard)(c redit card)01.04.08 court case stayed Jan '12 still the same
    5)22.05.07 CCA BARCLAYCARD(VISA)(credit card)22.05.07 TO 22.07.08 correspondence
    10.09.08 ACCOUNT REDUCED TO ZERO-----WON NOT YET.
    Jan '12 they changed their minds account not reduced to zero, Default on file, but I don't hear from them.
    6)CITI (credit card)dec 2008 citi have gone silent
    Jan '12 I have not heard from CITI since Nov '10 and default not at Experian anymore
    7) CAPITAL ONE. account written off and defaults dissapeared.

  8. #8
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    Default Re: Claim from MBNA

    Hi all
    I wrote MBNAicon in July stating it has been one year and they have not supplied me with a copy of the CCA, and either send me a copy or reduce the account to zero
    I have heard nothing from them and today I am writing to them reminding them of the letter I sent in July.

    I have heard from the fosicon and they belive the debt still stands, but although this may true MBNA cannot enforce the debt without a true copy of the Agreement.

    1)WOOLWICH full refund of charges £260.00 WON
    2)MBNA Recieved wasted costs order WON, Jan '12 default at Experian yet to be removed
    3)WOOLWICH BARCLAYCARD(credit card) WRITTEN OFF-WON
    4)CCA BARCLAYCARD(Mastercard)(c redit card)01.04.08 court case stayed Jan '12 still the same
    5)22.05.07 CCA BARCLAYCARD(VISA)(credit card)22.05.07 TO 22.07.08 correspondence
    10.09.08 ACCOUNT REDUCED TO ZERO-----WON NOT YET.
    Jan '12 they changed their minds account not reduced to zero, Default on file, but I don't hear from them.
    6)CITI (credit card)dec 2008 citi have gone silent
    Jan '12 I have not heard from CITI since Nov '10 and default not at Experian anymore
    7) CAPITAL ONE. account written off and defaults dissapeared.

  9. #9
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    Default Re: Claim from MBNA

    Hi Gill...I'm new to this forum and am working my way through the MBNAicon threads. Are you able to provide an update?
    Many thanks
    WM9


  10. #10
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    Default Re: Claim from MBNA

    Hi All
    UPDATE
    I have heard from MBNAicon, they are requesting payment, so I resent the unenfoceable letter, I will have to wait to see what reurns
    Gill5blue

    1)WOOLWICH full refund of charges £260.00 WON
    2)MBNA Recieved wasted costs order WON, Jan '12 default at Experian yet to be removed
    3)WOOLWICH BARCLAYCARD(credit card) WRITTEN OFF-WON
    4)CCA BARCLAYCARD(Mastercard)(c redit card)01.04.08 court case stayed Jan '12 still the same
    5)22.05.07 CCA BARCLAYCARD(VISA)(credit card)22.05.07 TO 22.07.08 correspondence
    10.09.08 ACCOUNT REDUCED TO ZERO-----WON NOT YET.
    Jan '12 they changed their minds account not reduced to zero, Default on file, but I don't hear from them.
    6)CITI (credit card)dec 2008 citi have gone silent
    Jan '12 I have not heard from CITI since Nov '10 and default not at Experian anymore
    7) CAPITAL ONE. account written off and defaults dissapeared.

  11. #11
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    Default Re: Claim from MBNA

    Good luck Gill!!

    If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing!

    Restons MBNA -v- WelshMam

    MBNA Cards

    CitiCard

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  12. #12
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    Default Re: Claim from MBNA

    Hi All
    Well, I have received a court claim form from MBNAicon(restons).
    It states that it claiming for 'overdue amount' £xxxx.xx
    Any help people?
    gill5blue

    1)WOOLWICH full refund of charges £260.00 WON
    2)MBNA Recieved wasted costs order WON, Jan '12 default at Experian yet to be removed
    3)WOOLWICH BARCLAYCARD(credit card) WRITTEN OFF-WON
    4)CCA BARCLAYCARD(Mastercard)(c redit card)01.04.08 court case stayed Jan '12 still the same
    5)22.05.07 CCA BARCLAYCARD(VISA)(credit card)22.05.07 TO 22.07.08 correspondence
    10.09.08 ACCOUNT REDUCED TO ZERO-----WON NOT YET.
    Jan '12 they changed their minds account not reduced to zero, Default on file, but I don't hear from them.
    6)CITI (credit card)dec 2008 citi have gone silent
    Jan '12 I have not heard from CITI since Nov '10 and default not at Experian anymore
    7) CAPITAL ONE. account written off and defaults dissapeared.

  13. #13
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    Default Re: Claim from MBNA

    bump

    1)WOOLWICH full refund of charges £260.00 WON
    2)MBNA Recieved wasted costs order WON, Jan '12 default at Experian yet to be removed
    3)WOOLWICH BARCLAYCARD(credit card) WRITTEN OFF-WON
    4)CCA BARCLAYCARD(Mastercard)(c redit card)01.04.08 court case stayed Jan '12 still the same
    5)22.05.07 CCA BARCLAYCARD(VISA)(credit card)22.05.07 TO 22.07.08 correspondence
    10.09.08 ACCOUNT REDUCED TO ZERO-----WON NOT YET.
    Jan '12 they changed their minds account not reduced to zero, Default on file, but I don't hear from them.
    6)CITI (credit card)dec 2008 citi have gone silent
    Jan '12 I have not heard from CITI since Nov '10 and default not at Experian anymore
    7) CAPITAL ONE. account written off and defaults dissapeared.

  14. #14
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    Default Re: Claim from MBNA

    Any help would be appreciated
    Cheers
    gill5blue

    1)WOOLWICH full refund of charges £260.00 WON
    2)MBNA Recieved wasted costs order WON, Jan '12 default at Experian yet to be removed
    3)WOOLWICH BARCLAYCARD(credit card) WRITTEN OFF-WON
    4)CCA BARCLAYCARD(Mastercard)(c redit card)01.04.08 court case stayed Jan '12 still the same
    5)22.05.07 CCA BARCLAYCARD(VISA)(credit card)22.05.07 TO 22.07.08 correspondence
    10.09.08 ACCOUNT REDUCED TO ZERO-----WON NOT YET.
    Jan '12 they changed their minds account not reduced to zero, Default on file, but I don't hear from them.
    6)CITI (credit card)dec 2008 citi have gone silent
    Jan '12 I have not heard from CITI since Nov '10 and default not at Experian anymore
    7) CAPITAL ONE. account written off and defaults dissapeared.

  15. #15
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    Default Re: Claim from MBNA

    Have you had a default notice ? if yes can you post it up

    Regards

    PF


  16. #16
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    1)WOOLWICH full refund of charges £260.00 WON
    2)MBNA Recieved wasted costs order WON, Jan '12 default at Experian yet to be removed
    3)WOOLWICH BARCLAYCARD(credit card) WRITTEN OFF-WON
    4)CCA BARCLAYCARD(Mastercard)(c redit card)01.04.08 court case stayed Jan '12 still the same
    5)22.05.07 CCA BARCLAYCARD(VISA)(credit card)22.05.07 TO 22.07.08 correspondence
    10.09.08 ACCOUNT REDUCED TO ZERO-----WON NOT YET.
    Jan '12 they changed their minds account not reduced to zero, Default on file, but I don't hear from them.
    6)CITI (credit card)dec 2008 citi have gone silent
    Jan '12 I have not heard from CITI since Nov '10 and default not at Experian anymore
    7) CAPITAL ONE. account written off and defaults dissapeared.

  17. #17
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    Default Re: Claim from MBNA

    yes that's the one, but what was the date of letter and the remedy date

    PF


  18. #18
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    Default Re: Claim from MBNA

    the date of the letter was 1st Feb 2008
    remedy date: 15th February 2008

    note its late now 11.15pm I will be back tomorrow evening
    all advice gratefully recieved

    1)WOOLWICH full refund of charges £260.00 WON
    2)MBNA Recieved wasted costs order WON, Jan '12 default at Experian yet to be removed
    3)WOOLWICH BARCLAYCARD(credit card) WRITTEN OFF-WON
    4)CCA BARCLAYCARD(Mastercard)(c redit card)01.04.08 court case stayed Jan '12 still the same
    5)22.05.07 CCA BARCLAYCARD(VISA)(credit card)22.05.07 TO 22.07.08 correspondence
    10.09.08 ACCOUNT REDUCED TO ZERO-----WON NOT YET.
    Jan '12 they changed their minds account not reduced to zero, Default on file, but I don't hear from them.
    6)CITI (credit card)dec 2008 citi have gone silent
    Jan '12 I have not heard from CITI since Nov '10 and default not at Experian anymore
    7) CAPITAL ONE. account written off and defaults dissapeared.

  19. #19
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    Default Re: Claim from MBNA

    Hi
    I have sent in the court claim--i am disputing the debt
    I also have sent restons a letter asking them to disclose the evidence they will use in court
    I will wait and see what comes back.
    I did the same with one of my Barclaycard Accounts, and they did not continue and so the claim was 'stayed'
    gill5blue

    1)WOOLWICH full refund of charges £260.00 WON
    2)MBNA Recieved wasted costs order WON, Jan '12 default at Experian yet to be removed
    3)WOOLWICH BARCLAYCARD(credit card) WRITTEN OFF-WON
    4)CCA BARCLAYCARD(Mastercard)(c redit card)01.04.08 court case stayed Jan '12 still the same
    5)22.05.07 CCA BARCLAYCARD(VISA)(credit card)22.05.07 TO 22.07.08 correspondence
    10.09.08 ACCOUNT REDUCED TO ZERO-----WON NOT YET.
    Jan '12 they changed their minds account not reduced to zero, Default on file, but I don't hear from them.
    6)CITI (credit card)dec 2008 citi have gone silent
    Jan '12 I have not heard from CITI since Nov '10 and default not at Experian anymore
    7) CAPITAL ONE. account written off and defaults dissapeared.

  20. #20
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    Default Re: Claim from MBNA

    be sure you put in your defense that the default notice does not comply as per cca 1974 and no time has been aloud for service of document as per CPR

    Regards

    PF



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