How frustrating is this whole scenario? I still hadn't received anything regarding the AS or WS, so I have just called the Court to see where they are and I have been told they couldn't send it as I hadn't paid the £5 charge! How is anyone supposed to know this? Anyway, the lady who answerd my call has told me that my approach next Monday should be one of utter amazement as I have no information regarding the case so, how can I possibly defend myself if I don't know what I'm defending? Can anyone help please? Is this the right approach or should I now run around like a madman trying to create a feebel defence? Any help would be grately appreciated please!

I am hoping, fingers crossed, th have their Allocation Questionaire and witnes statement today if the postal strike hasnt delayed it all even further!

Bump

OK thank you, I will call them first thing in the morning!

OK, completely lost now! Is there a standard letter to ask for their aq?

Hi, I've just spoken to the court and its an Allegation and Directions hearing? Is that right?

No correspondance from anyone since the court date came through

Hi Docman I'm not sure what type of hearing. The letter states; Notice of Hearing In the Staines County Court Take notice that the hearing will take place on 2nd November 2009 at 12.15pm at Staines County Court (Address) When I should attend 30 minutes has been allowed for the hearing Please note; This case may be released to another Judge, possibly at a different court Thats all it says so, I'm assuming it's the final trial?

Hi Docman Well, I guess all that makes sense, even though I must admit to finding the whole thing a tad daunting! The documentation I have received is a "Notice of Hearing" and that I should attend. 30 minutes has been allowed for the hearing

Yes, the court was Northampton but as I defended, it has ben transferred to my local court!

this was the info I put on my form; 1) I disputed the alleged outstanding debt. 2) Under the banking code, the claimant cannot legally pursue a debt whilst I dispute the account. 3) I requested a true copy of the credit agreement which you have failed to receive. 4) I was under the Impression that you were borrowing money, not bank credit, had I known in fact I was brrowing bank credit, I would not have entered into the agreement. I wanted the agreement to find any clauses to that effect. 5) As MBNA have failed to provide such agrrement, you feel that It is either fraudulent, or unenforcable under the CCA 1974. The defaiult letter; February 17,2009 DearMr Account: . IMPORTANT DEFAULT NOTIFICATION YO'.l are in breach of the agreed Terms and Conditions and a decision has been made to place a restriction on your account. This means that your card(s) and credit card cheques cannot be used. If you have regular transactions such as Intemet payments, you should use an alternative method of payment. As your account is £689.34 in arrears, failure to bring your account up to date will also result in the eventual termination of the agreement and the registration ofa Default at the Credit Reference Agencies. A Defa ult will register on your credit file for the next six years and any potential employer, car dealership or creditor who utilise the services of a credit bureau \\111 be able to see the details of this information. IT'S NOT TOO LATE TO PREVENT THE TERMINATION OF YOUR AGREEMENT. Call us now to make a debit card payment. Alternatively, contact us to ensure we can provide you v.1th information to help you deal with your finances, including actions you need to take to stop the Default being registered against you. We also have leaflets available to you that detail your options. furthermore, the restriction that has been placed on your account does not have to be permanent. There are steps that you can take to help the consideration of reinstating your card facility: A payment to clear your oUf!.,1anding arrears. Regular monthly payments by your due date, and reducing your halance to release available credit. Please note if a restriction is in place when your balance is cleared in full. the account wi)] register as closed with the Credit reference agencies the 14 day letter; Dear Sir URGENT -For IMMEDIATE action MBNA Europe Bank Ltd v. Yoursl'lf, ref. = Overdue Credit Card Balance: £ We are instructed by MBl\/\ EuroDP Rmk Ltd to claim immediate payment from you of the balance outstanding on your Overdue Credit Card. £: Ius capitalised interest as appropriate. You JIIl1~t now pay £ (Q this office by Wt:dnesday. July 15.2009 failing which a ~urnJllons will bt: issut:d for the full balance PLLJ~ any continuing imerest, fees and costs. A Judgmem may be entered against you which will be registered. Your credit record may be affected making it difficult for you to obtain credit in future. Our Client may be prepared to accept payment by instalments. If you wish them to consider this option please complete the enclosed questionnaire and return it to this officc within 6 days Unless we hear from you we may decide to telephone you on any number available to us. Alternatively please telephone us on the above DIRECT line within 14 days. A I j future correspondence/payments should be sent to this office clearly marked with your name and account number. Receipts will not be given unless specifically requested Finally. our Client has asked us to draw to your attention an opportunity for you to clear the account at a specially discounted settlement figure which could represent a substantial saving for yOll. Tfyou are interested hould call the direct line listed at the head of this letter

Hi Andy You'll have to excuse my ignorance here as I am struggling to understand all this terminology! Any directions I have made? I dont understand, sorry! Any proposed Directions /application the Claimant has made? They asked me if I wanted to fill in all their forms and take a reduced amount but, I was advised not to inform them of my financial situation at this point, not sure if this was right? Default Notice/termination Notice recieved? I received a default notice in February relating to £680 which was my late payment Any LBA from their Sols? Sorry, I dont understand this either? The Claimants P.O.C verbatum, on the County Court Claim form reads; The Claimand claims payment of the overdue balance due from the defendant under a contract dated on or about 13/10/2005 in the sum of ***** inclusive of interest to the date of this summons at 8% per annum from 1/07/09 to 16/07/09 Particulars a/c no- ************* DATE ITEM VALUE 01/07/2009 Default Balance ****** Post Refd Cr NIL 16/07/09 Interest **** TOTAL:- ******* Together with:- Interest persuant to s69 County Courts Act 19 at the rate of ***** pence per day to the date of the Judgement or sooner payment.

Cheers Andy! I think I've amended it!

Hi Andy Thank you for such a prompt reply! The court date is Monday 2nd Nov. My defence that I submitted was; I, *********, of *** Address ****** formally requested proof of debt as well as a true copy of the original Consumer Credit Agreement relating to this account On 3rd Dec 2008, I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. The claimant failed to comply with my request, and as such the account entered default on 1st Jan 2009. The document that they are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and should be signed by both the claimant and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, the claimant is also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. These limits have expired. As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As the claimant has Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. This legal action is both UNLAWFUL and VEXATIOUS. Furthermore I Intend to counterclaim that any such action constitutes unlawful harassment. The lack of a credit agreement is a very clear dispute and as such the following applies. * The claimant may not demand any payment on the account, nor am I obliged to offer any payment to you. * The claimant may not add further interest or any charges to the account. * The claimant may not pass the account to a third party. * The claimant not register any information in respect of the account with any credit reference agency. I request that this case be struck out with Immediate effect, as the claimant or their representatives have no chance of success.

Hi there I'm new to this site and have spent quite a few hours looking through some previous threads regarding MBNA. I'm hoping someone can offer me some advice please! I had a credit card with MBNA / Virgin. I was struggling with repayments so bought an info pack from Ebay that told me "Walk away from Debt". I followed all the instructions and now have a Court case pending, it's just come through for early November. Does anyone have any advice as to the best way to try and attack them please? I've been working on the theory that the total is unenforcable as I have been asking for proof that the debt exists. I've asked for the true accounts proving the amount is a debt and a loss on their books, a true signed agreement by both parties and either an invoice or similar, not a statement. Well, they've refused to supply any documents and now have a court date. I have a number of queeries; 1 - What is the likely outcome at court? 2 - If I have no money, what will the court do? 3 - Can I loose my house, of which I only own 25%? Any help would be hugely appreciated please!