hi I also received a DN dated 7th September giving until 24th September to rectify but they also requested the full amount (which included £0000s in charges and interest which had been added whilst the account was in dispute) I received exactly the same letter from Experto and have received a second chase letter and a couple of phone calls. I haven't yet responded to them. Out of interest I rang MBNA and asked if my account had been sold and if so, when and to whom. Very nice young man told me that it was sold to Experto on 16th September according to his system. I think there's an awful lot of us in exactly the same position on this. regards S

Hi Andy I have asked repeatedly for financial details and they have simply sent a spreadsheet and repeatedly told me, in writing, that this is sufficient. I will be very clear in the hearing that I need this information and ask the Judge to order that they disclose it. In fact, I'll take that request to the Court so that he has it prior to the hearing later this week many thanks for your input Andy. regards S

Another question (and apologies in advance if I've already asked and can't find the answer) Presumably Egg will have received a commission for the PPI and that is included in the amount that they charged me for the policy? If that is the case am I right in thinking that this is a charge for credit and therefore shouldn't attract interest? If I've got that completely wrong then please blame the glass of pinot that's seeing me through my Egging this evening regards S

Thanks AC (Feeling particularly thick now cos it's clearly obvious to you that I can use this arguement regardless of that fact that my defence said something else)

hi AC many thanks for posting the detail (I couldn't get the link to work) sorry for asking the same question but will I still be able to use this in my case when my defence actually refered to the CCA, not these regulations? regards S

hi AC so I used the wrong reason for cancellation clause being required? can I still argue the case but using the Distance Marketing regs then? best regards

thanks Vint S

hi I'm preparing for a hearing next week and the solicitor for the claimant has said that 's64 of the 1974 Act doesn't apply s64 only applies where the agreement is cancellable pursuant to s67 of the 1974 Act The loan application was handled over the telephone and the defendant was not subject to face to face persuasion therefor the agreement was not cancellable within the meaning of s67 of the 1974 act so - question. Is this correct and should I have quoted the Distance Marketing Regs or are they just blinding me with science? many thanks in advance regards S

well done Rainbow. It's become a little easier once you have made the decision on which way to go. You will definitely get all the help and support you need from the site Good luck

well done bassking excellent result !

hi this might be a silly question but is selling the debt = terminating the agreement?

I forgot to say I received more documentation from Egg. Not everything that I'd requested but I had pointed out in my Defence that the Terms and Conditions they had included with the signed agreement were not the original ones that were with the Loan Agreement at the outset and the various clauses etc were different They have now sent me copy terms and conditions which are different and earlier than the previous ones but ...... they have someone else's agreement number and name on them! it just goes on and on

Hi Ron well done on reachng a satisfactory conclusion with your Egg finances. If I had cash then I would probably haggle and then settle as it would be easier than the ongoing saga but that little word 'if' is a bit of a problem cos I haven't got any cash I'm still trying to work out exactly what I need to have prepared for next week so erring on the side of caution and will prepare as best I can. best regards S

good morning I found this site early in 2009 and it has been invaluable to me in my skirmishes with financial institutions and I sincerely hope that it will continue to flourish. I've learned that it's possible to fight (and win) the lenders who have acted unfairly or unprofessionally and 12 months ago I would have had absolutely no idea that this was possible. All I would say is that it's distracting and disappointing when the discussion seems to deteriorate into bickering and point scoring. However passionately people feel about the topic - the point of this site is to help people who can't deal with the situations that they find themselves in. To provide support, advice and encouragement and it has done this in a remarkable way since it's inception. I don't see the removal of the thread due to inappropriate postings as censorship or anything akin to that. I think that it's to protect the integrity of the site and the service that it provides to people like me. Anyone who reads this - Please don't take this as criticism, it's just a personal observation from a cagger who thinks that this site, and the caggers, provides a fantastic service that we need to protect.

good morning all I haven't paid much attention to this for the past couple of weeks for a number of personal reasons The case management hearing is coming up and I'm not sure how much detail I need to have provided to the Judge for the purpose of that hearing could anyone advise? many thanks in advance

oh sorry if I got the address wrong. googled and got this as the registered office. Stansfield House, Chester Business Park, Chester CH4 9QQ

hi MandM this is the address that I used earlier this year and got a response hope it helps regards MBNA Europe Bank Limited PO Box 175 Bolton Lancashire BL76 7NA

bump

http://www.consumeractiongroup.co.uk/forum/legal-issues/175074-mbna-let-battle-commence-3.html#post2476355 this is a link to another thread with an Embarrassed Defence/Holding Defence hope it helps S

hi Andy/Magda many thanks I'll be back regards S

good morning all I received a copy of the response to my defence and counterclaim and it makes interesting reading I'm going to spend some time addressing each of their responses in readiness for the next hearing and I'll no doubt be back on here asking for guidance got my first question I said that the agreement is a multiple agreement within s18 of 1974 CCA they t say that even if it is a multiple agreement it would still be enforceable because of s65 of the Act anyone advise or point me in the right direction? thanks in advance

Hi Darkhorse I don't have personal experience of this but surely there is enough legislation to protect against harassment if that were to happen? I do hope that someone with first hand experience can confirm this regards

good morning rnk I suppose these letters actually confuse some people and they are mislead into thinking that they don't have a defence. (until I found this site I probably would have been one of those ) You seem to have everthing covered but there's still time for more experienced caggers to have a quick check for you good luck tomorrow

hi this is relevant to me I think I had two credit cards with Egg I was made redundant in early 2006 and PPI failed to pay as I wasn't in receipt of unemployment benefit I rang to say that I couldn't afford the payments and in August 2006 (just 2 weeks after starting work again) they suggested that I take out a loan instead. Can you believe that, at the time, I thought that they were being helpful. I already had a loan for £25k with them taken out the previous year. It seems, with info from this forum, that my two credit card agreements would have been unenforceable. I consolidated a credit card and loan into a new loan and they even gave me a new credit card the same week! (don't get me wrong - I know that I signed these agreements but I do believe that they were totally irresponsible in providing the credit. They simply put off the inevitable personal financial crash which I've now experienced - and took thousands of pounds in interest in the interim.

good morning I would definitely go for the PPI reclaim as soon as possible good luck S