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MBNA county court Summons " Help Please


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Well it would help if you do remember before you get into the Court room on the 6th8-)

 

No im certainly not avoiding the question i honestly cant remember, MBNA state that i opened the account in 2000. In 2008 the balance was nil until this money transfer was credited to the account, where from i dont know! Since then i haven't even paid much off the balance according to them.

 

It must have been from another card, how can i find this out?

Edited by DizzieDiva2010

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Well according to the CCA you have posted up I noticed MBNA which sparked my line of questioning.Then you stated a money transfer in 2008.

It would appear that this is not a balance transfer from another CC company but a change of account internally upgrade perhaps who knows?

Now normally Credit Card companies do not allow customers to transfer debts between cards in the same group for better rates or interest free offers or what ever.

The only other explanation could be if it was a CC issued from MBNA with another company name on? Have you still got the original account number and does the Claimant refer to an account number in their P.o.C on the summons I cant recall.

 

Im at a loss DD

 

 

Andy

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Well according to the CCA you have posted up I noticed MBNA which sparked my line of questioning.Then you stated a money transfer in 2008.

It would appear that this is not a balance transfer from another CC company but a change of account internally upgrade perhaps who knows?

Now normally Credit Card companies do not allow customers to transfer debts between cards in the same group for better rates or interest free offers or what ever.

The only other explanation could be if it was a CC issued from MBNA with another company name on? Have you still got the original account number and does the Claimant refer to an account number in their P.o.C on the summons I cant recall.

 

Im at a loss DD

 

 

Andy

 

Yes they refer to an account number in their poc. Thinking back they may have changed the account number but i cant be 100% on that.

Im going to look through my natwest bank statements to see if i can find another account number for mbna other than the one i have currently.

Edited by DizzieDiva2010

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There will be 2 account numbers one for 2000 and another for 2008.You need to find them both then check which one they refer to in their P.o.C,

it should be the 2008 account.

Also as a follow on, the reason you cant get any information before 2008 is because you are requesting it on the new account number IE the 2008 you need to request this on the original number to be able to track the £2500.

Also check the account number on the Default Note 2000 or 2009

Need to know these points DD before the 6th.

 

Andy

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There will be 2 account numbers one for 2000 and another for 2008.You need to find them both then check which one they refer to in their P.o.C,

it should be the 2008 account.

Also as a follow on, the reason you cant get any information before 2008 is because you are requesting it on the new account number IE the 2008 you need to request this on the original number to be able to track the £2500.

Also check the account number on the Default Note 2000 or 2009

Need to know these points DD before the 6th.

 

Andy

 

If i cant get the Subject Access Request from 2000 to 2008 because they are using the 2008 account number why have they sent me so say executed agreement for 2000 (the old account number), when i should have recieved a reconstituted copy of the agreement for 2008 the current account number? They are using the old account number's executed agreement for the new account number.

 

Im going to search my old statements for this account number and will get back to you asa i can.

Edited by DizzieDiva2010

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Will get onto it. If i cant get the Subject Access Request from 2000 to 2008 because they are using the 2008 account number why have they sent me so say executed agreement for 2000 (the old account number), shouldnt i have recieved a reconstituted copy of the agreement for 2008 the current account number?

 

There isnt one you never applied for it

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So in essence they are taking you to court for £2500 using an old Agreement from 2000 that as a nil balance (you said in 2008) and using statements from the new account (2008) showing this balance) and using the original account number or the new account number in their P.o.C.

 

I knew i could smell a rat here:!:

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There isnt one you never applied for it

 

I applied for everything they hold on the current account number, and i got an application form dated 2000, so i assume this is the credit card agreement for the new account number too?

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I applied for everything they hold on the current account number, and i got an application form dated 2000, so i assume this is the credit card agreement for the new account number too?

 

Well thats for you to check but would explain a lot of this mystery is its a different number

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There is only one agreement thats the 2000 application with account number xxxxxxxxxxxxxx .There is no agreement for the 2008 you never actually applied for a new account they transfered it without you say so?

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Well thats for you to check but would explain a lot of this mystery is its a different number

 

Im seriously not sure about this credit card and i cannot remember a money transfer.

 

I have several creditors and im assuming i owe them this money.

 

On the poc it states £75 Court Fee, £80.00 solicitors costs, so why has Miss Tipping emailed me today an invoice stateing that the solicitors fee's will be £1473.97 ?

 

Looking at my natwest bank statements in 2005 it does not print the full account number but it states card transaction MBNA and the four last digets of the account number end different to the account number i have now.

Edited by DizzieDiva2010

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Im seriously not sure about this credit card and i cannot remember a money transfer.

 

I have several creditors and im assuming i owe them this money.

 

On the poc it states £75 Court Fee, £80.00 solicitors costs, so why has Miss Tipping emailed me today an invoice stateing that the solicitors fee's will be £1473.97 ? If they proceed to trial i assume and a frightner for you just before the SJ hearing

Looking at my natwest bank statements in 2005 it does not print the full account number but it states card transaction MBNA and the four last digets of the account number end different to the account number i have now.

Is that a payment to MBNA or a credit to NW?

Andy

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Is that a payment to MBNA or a credit to NW?

 

Andy

 

I have MBNA card transactions paying for goods in stores or to companies.

Im going to have alook around for the whole account number.

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On the NW statements is it a debit or credit DD?

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On the NW statements is it a debit or credit DD?

 

Iv found a reciept for a shop purchase back in 2002 where i paid by visa, i believe this to be the mbna credit card i had back then, this receipt has an account number printed on it.

The original account number relating to the application form they have given me is printed on this reciept, i now know the account number.

The application form does not relate to this current account number therefore they do not have an executed agreement and that is the reason they are not providing me with the statements going back 6 years or more, reason being the statements will show a different account number, relating to that particular application form.

Edited by DizzieDiva2010

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Looking at my Natwestlink3.gif bank ( Credit Card Statement)statements in 2005 it does not print the full account number but it states card transaction MBNAlink3.gif and the four last digets of the account number end different to the account number i have now. And that transaction was it paying MNBA or recieveing credit from them and how much?

Andy

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Looking at my Natwestlink3.gif bank ( Credit Card Statement)statements in 2005 it does not print the full account number but it states card transaction MBNAlink3.gif and the four last digets of the account number end different to the account number i have now. And that transaction was it paying MNBA or recieveing credit from them and how much?

Andy

 

Forget that all together as it was an MBNA loan account!

:dizzy: "Dizzie Diva" ;)

 

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By law im entitled to everything they hold on my account from the beginning and there is a reason as to why they are not supplying me all this. My local advise centre agreed with me last week at my appointment.

:dizzy: "Dizzie Diva" ;)

 

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To be absolutely honest DD come next Monday I would attend the hearing armed with all the paperwork we have discussed particularly the agreement from 2000 and a copy of the statement which shows nil balance and state " I owe nothing please produce the statements 2000 -2008 i have requested numerous times and payed for" and say nothing,let the DJ take over from there,he will order disclosure and therefore SJ cant proceed.

 

 

Going to get some sleep now long day

 

Regards

 

Andy

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To be absolutely honest DD come next Monday I would attend the hearing armed with all the paperwork we have discussed particularly the agreement from 2000 and a copy of the statement which shows nil balance and state " I owe nothing please produce the statements 2000 -2008 i have requested numerous times and payed for" and say nothing,let the DJ take over from there,he will order disclosure and therefore SJ cant proceed.

 

 

Going to get some sleep now long day

 

Regards

 

Andy

 

Will do....Night...thanks.

:dizzy: "Dizzie Diva" ;)

 

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If i continue to defend this claim, it goes to trial and i loose i am on the understanding that Reston's cost schedule £1473.97 will be added to the claim, if i admit the debt i will avoid these costs. Is this correct?

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Thats a decision you can only make after Monday, if they achieve SJ then obviously no trial and costs as per their summons amount.

If they lose on Monday then obviously the case is not cut and dry and needs to proceed to trial.If it proceeds then there is a chance you may win in which case their costs wont matter.Lets review it on Monday evening DD and we can way up the options after the hearing.Hopefully a satisfactory result!!

You may wish to roughly add up your costs so far in case the result goes your way.£9.25 ph for LiP.There are examples of how to lay it out here on Cag.

 

Regards

 

Andy

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Thats a decision you can only make after Monday, if they achieve SJ then obviously no trial and costs as per their summons amount.

If they lose on Monday then obviously the case is not cut and dry and needs to proceed to trial.If it proceeds then there is a chance you may win in which case their costs wont matter.Lets review it on Monday evening DD and we can way up the options after the hearing.Hopefully a satisfactory result!!

You may wish to roughly add up your costs so far in case the result goes your way.£9.25 ph for LiP.There are examples of how to lay it out here on Cag. Im on ESA i dont work.

 

Regards

 

Andy

 

I recieved Reston's witness statement today is it advisable to post it up or not?

:dizzy: "Dizzie Diva" ;)

 

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Very similar to this one:-

 

S32.18 Notice to admit...

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