Well done. I would also attack MBNA by issuing a Financial Irregularities Claim against MBNA for the full amount if you can afford the court fee. Don't bother with restons at the moment let them play their games - go for MBNA I have got a "no win - no fee" solicitor - going their way.

Hi Restons have 14 days to respond to a CPR. Failure to respond you should put forward an application to strike/stay. Make sure that you pay the fee and get the case transferred to your local court. I would also issue a counterclaim if no agreement is presented or more than likely unreadable. This lot not interested in negotiation they are ultimately after a charging order. If you had a payment plan in place don't worry too much court will look upon this action very poorly.

Hi Got a solicitor doing a no win no fee on a halifax CCA. He is 100% sure they are uneforceable and has similar clients now.

Hi This is standard for HBOS when they receive a CCA request. Send them £10 an a Data protection Act SAR stating that due to non compliance the CCA request this £10 fee will be taken from your claimed amount. They will not reduce payments unless you pay 0.8% of the minimum payment each month. Halifax have a major problem with their CCA, most are unenforceable, that is why they tend to use Blair Oliver and Scott for DCA.

Halifax are refusing to send credit card agreemnts out at the moment saying that they dont have to produce them unless you contest the account in court. The next thing is to FOI them. If they still refuse report them to Information commission and Ombudsman. They will not be bothered by that. But send them a letter, stating that it is unreasonable for you not to provide a copy of such documentation and so will be seeking redress throught the court. They know the agreement is unenforceable and afraid of the avalanche of claims. I would push it to court, and if you have a default letter although unusual apply for a time order to stop future action.

Hi Restons practice is to go directly for a CCJ regardless of any payment proposals sent to them. Do not be surprised if you receive paperwork within the next week of first contact. If they do not comply with CPR go for an immediate strike - cost is £75 for a court hearing and £45 for a ruling without a hearing. They are sent batches directly from MBNA on a regular basis. Best advice is to challenge claim and make it hard for them regardless, and hope to get a reasonable judge. They will go for a summary judgement but they stupidily demand interest as part of an action that will not be unheld in court, so that can be easily challenged. They will not listen to reason so don't waste time and go directly to court which is exactly not what they want because they lose control and any court will look on your sympathetically if you pay an amount each month which they are currently accepting. Once a CCJ is entered, immediately apply for an Administrative Order which provides protection from other creditors too and stops the debt being traded in the future. It is similar to a PayPlan DMP but is managed by the court providing you protection from all further legal action and would really **** off restons. PS Never sign a letter to them or forward a cheque as they are not beyond doing an RBS - making a document up.

Hi got a CCJ application struck out due to non compliance with CPR request for CCA and other information. Would a counterclaim for the same amount be the next step for me or shall I wait for them to come back again?

I would advise a letter stating that they are default and the account at the moment is unenforceable and unless resolved within 28 days you are legally able to stop payment and put amounts into an Escrow Account until the default is resolved by them.

Dont Worry!! Just pay them what you can afford. You have set out a realistic budget and what you have left is what you can afford to pay - MBNA have to accept that ultimately. So they take you to court - the court will tell you what to pay taking into account your budget. MBNA may get a CCJ for you, will bully you to get more money out of you that you can afford. Rent, Council Tax etc. if you dont pay them you are homless and in prision. YOU are NOT a criminal for not paying MBNA the minimum payment each month. They are a business that is unethical and you are now a victim. Just be strong and remember they cannot send you to prison, and they whatever their bluster have to accept what you can afford. If they are unwilling to accept your proposal they may go to court and get a CCJ - SO WHAT the court will look at your case and agree a realistic monthly repayment. Just think of all the money they have charged previously. You have probably paid back more than you borrowed over the years. Remember: They cannot reposses your house or send balliffs because you are attempting to pay. Pay only what you can afford. It may help to see a doctor and ask the doctor to send them a letter asking for the harrassement to stop. But the CAB, CCCS or Payplan are the people with the expertise to help you on an individual basis - Listen, take their advice and relax.

Could check credit agreements using this website edited Not used them myself yet but could be worth a try. It seems that MBNA send a load of accounts to court just to see what they can get for them. Frigtening people to pay what they cannot afford. Anybody think of a number any number thats how they work.

Obviously you have some connection with MBNA, We at the receiving end know what you are like. Never Listen, always sending threatening letters and bullying to get the money. Would never recommend MBNA or its partners to anybody else. I suggest we put a petition on the Number 10 website to pull their credit licence because of their unlawful/borderline criminal behaviour.

CCJ issued via MBNA/ Restons and on a £7984 debt they want to apply £174 a day interest until it is settled. So taking it to court, but I would rather sell house for mortgage price and they rest can whistle in the wind.

Please keep an eye out for the number 10 e petition I put up asking for the removal of MBNAs credit license and I have complained to my MP and the financial ombudsmen.

Hi Sound like you would get legal aid for anything major but unless you have a house and need to protect that I would go for bankruptcy. It is cheaper and less hassle in the long run but try PayPlan or CCCS first and sooner rather than latter CCCS can do applications on line without speaking to an adviser so you can play with the figures first.

Record all telephone conversations and send a letter stating that all correspondence should be by letter to you or your representative.

Hi Complained to IA but not that helpful, MBNA are a law to themselves with Restons their solicitors. Unfortunately for them I did Law at Uni, so have them in my sights and will be defending the CCJ. Dont be afraid of a CCJ it screws up your credit rating but mine is so poor having had others default me that I cannot even open a current account for the next 6 years. It is my reasoning that the court will take a very dim view of the CCJ and agree payments in line with my DMP. They only deafulted me because I would not play ball and pay an extra £20 a month to meet there 0.8 criteria. Looking forward to court years since my law degree, I am going to have fun. I was playing ball they are not so all guns blasting challenging CA, IA the whole lot MBNA welcome to your worst nightmare.

Hi The Information Commissioner would be the person to pursue a complaint with especially calls to third parties and giving information to third parties. MBNA do that all the time especially Neil the cretin.

Hi I has being paying MBNA as part of a DMP for 9 months, but they have defaulted the account and applied for a CCJ. I have requested a copy of the CCA from 2001, does anybody know of any problems with MBNA credit card agreements from 2001 via Alliance and Leicester. I will be fighting them all the way because they are the worst company I have dealt with and are not beyond lying and harrassment. Especially since all the interest they has out of me the previous 8 years. Thanks in advance.

Hi All Would like some advice and give encouragement - To Quote *Dont let the B** get you down. Neil you know who you are (cretin)!!! This person is named already on the forum and lies / bullies people into payments they cannot afford. -DON'T ____________________________________________________________ I currently have a DMP with CCCS and of the five creditors these are the only ones causing trouble with continued letters threatening your credit file and employment. Their representative makes it very clear that CCCS work for them and not to believe anything that CCCS tell you. -RUBBISH ______________________________________________________________ There aim is to get a charging order on your house. But they can only do this if you dont keep up payments on a CCJ. They are trying to take me to court at the moment. Never been to court before could be a new experience but I am not going to let such a load of B* win. ______________________________________________________________ I wonder if anybody has fought a CCJ from MBNA and would give me the opportunity to have a settlement fee reduced from 7K compound interest over many years against the amount in a letter they would accept as 2.5K Thanks in advance