Bit of an update, went off to court having raised a number of issues, and the judge immediately demanded that MBNA (who had hired a proper solicitor) produce the original agreement, the Solicitor asked for an adjournment and after pleading every which way with the Judge just managed to get one, but if MBNA cannot produce the original agreement in court (not a copy, not a recon the actual agreement with my sig and their sig on it) then the case will be thrown out. As I'm pretty certain that they could not produce the original agreement - they will either drop the case / offer to settle or get the case thrown out next time round what does it mean for charges and underpaid interest on PPI? how do I claim them? Also the judge said S127(3) was no longer in force at all - was he mistaken or have I missed some legislation?

There was no Default Notice. Never got one. Nothing in the bundle either - I assume it was never done. They have been asked to show the proper agreement in court. I have raised S127(3). They have not really responded. No S78 request issued. No need it was in court before I knew anything about it. The agreement is from 2004 so the post '07 stuff not relevant. I need to put together a counter schedule of charges and PPI, I would like to go for compound interest but I'm not sure of the argument I could make for that? I know there are good arguments I just don't know them. Also I'm baffled at calculating the compound interest. How do you do it when the rate they charge you fluctuates throughout the term?

Indeed the court bundle they have sent claims that they have "a right to pursue a debt even if it is in dispute" I'm sure that they do not have that right?

Ah yes MBNA has also admitted in writing that I did not fill in the credit agreement, it was filled in by a sales rep and I just signed it, they claim that the T&C's were on the other side of the form, though have not shown the original form and I was never shown them.

Sorry I wasn't clear they PPI complaint was upheld and refunded as a cheque. But yes the claim seem to be made up of penalty charges and ?

Thanks for this help - I want to make MBNA pay the price of acting in such a terrible way.

Cool thanks for that. No default notice has been sent, no mention made of it. Nothing. The debt was entirely made up of penalty charges and PPI. So if no default notice was sent then what? Small claims - is there a maximum that they can claim from me in costs?

Ok good thats what I thought, I have raised S61 (3) so lets hope that if I just stick my ground and keep highlighting that then that really would be that?

super thanks

I do indeed - can you point me in the direction of that FSA stuff?

Hi all, bit of a mixed up one this... So I ran out of cash stopped paying my Thomas Cook branded CC bill, lots of charges etc, you know the story. But when I sat down to review it I realised that there was PPI on this account, and with the media coverage of the issue I thought why not see if I was mis-sold as it is not the sort of thing I ever sign up for. Followed the process for reclaiming PPI, and highlighted that there was an outstanding debt of about £2,000. But blow me - after lots and lots of stalling letters from them MBNA (and a few threatening ones from Optima Legal) they upheld the complaint and explained that they owed me a big chunk of cash (lets say £2,500) (no mention made of the outstanding). Cheque arrives I cash it and thats the end of it. Err no a few weeks later I get the letter through saying I have a CCJ against me for the £2,000 Hang on a minute I thought. The total amount was in dispute as the PPI + interest was more than the debt. Beyond that MBNA made no mention of the debt still existing. So I apply to have the judgement set aside. And complain to FOS about the situation. And ask MBNA to repay the £500 or penalty charges (they say no). Optima Legal apply for an interim charging order and get it. Finally the FOS get back and say they can't do anything as a court judgement has been made. MBNA's court bundle arrives and in the middle of it is what they claim to be the credit agreement. But I'm pretty sure it lacks the prescribed terms, and anyway it is clearly a reconstituted agreement. So off we go to court, the judge can't understand the MBNA calculations for the debt, can't be bothered to delve into the agreement and gets angry with the lawyer optima has hired. Sets the Judgement aside and orders MBNA to show original docs, in a upcoming case to be heard later this year. So here we are with a whole bunch of confusing questions 1. Chasing a debt in dispute - can the court do anything about this? 2. Penalty charges - they are all £12, the Optima lawyer and judge said I should be very careful about these as it is hard to convince a judge that £12 is unfair or constitutes a penalty? 3. Agreement. What EXACT things must appear (in light of recent cases) and they must produce an original (likely?) - this is in court remember in a case they have brought no the cumbling concrete of Autodrome (me) 4. Costs if I win - if I win what can I claim in terms of costs? 5. Secret Commission, I signed up for the card at an Airport, on the agreement it mentions the Gael Partnership. Does anyone have any idea who they are and what they got out of it. Does it count as a secret commission? further more I never ticked the PPI box but they charged it anyway - did they earn commission or pay out commission? 6. FOS is it worth going back to them now the CCJ has been set aside.? 7. the interim charging order what do I need to do about that? 8. Default Notice - I never got one - does it matter?

which spreadsheet did you use?

If you go to court how do you prove that the penalty charges are just that?

Can you claim these penalty charges in court, and how do you prove them to be a penalty if they are £12?

After I had a CCJ set aside the Judge "reserved costs to the small claims track" what does this mean?

I'm curious are MBNA habitually dropping or stopping cases at the last minute?

If they cannot find one then is that that then?

How did you do this, I would like to do similar and I may have some evidence of it.

Optima have a track record of this it seems, it should not be too hard to get the CCJ set aside if you can prove that you had a defence and were willing to defend it

Does MBNA have a habit of settling very late?

How did his end up?

If you can show that you have a defence as well then you should be ok - but you will have to fight