OK, spoken to both the claims company and GE. Loanline no longer trading. GREAT! Second. Was Loanline any other organisation? i.e. RBS under another trading name? Third. As the loan was taken out prior to 15th Jan 2005 it cannot be dealt with under the FSA compensations (or whatever) that it might have been because LL are not longer trading... The claims company are saying thats the end of it, cant help, no go, etc etc. However, you've just made me realise something. If Loanline are no longer trading, and the acct was still running, then they would still be making me pay each month and Id still be paying the PPI each month, so surely GE cant get away with that?

Well, I bottled it. A few months back now I caved and settled out of court. Ironic, as I settled for a lot more (to me) than I could have way back when they first started offering settlements which would have been done before any red marks would have been put on my Credit file! I was getting really stressed and worried I might lose my house etc. So I bit the bullet and called them to discuss a settlement. I still saved myself a few£k but I now have a VERY dented credit file as a result. Funnily enough, it just reminded me where all my money had gone this year! Still got the issue with the PPI on this card going on. The FOS have been 'dealing' with it for over 3 years now.... But that's another story. THanks for all your help and advice over the years. FS

Hi, I instructed a PPI Claims Specialist to claim back my PPI for me for a loan I took out years ago. Have today received a letter which states that despite several attempts with GE Money (the actual lender), they are refusing to uphold the complaint and are stating that Loan Line were responsible for the sale of the PPI. The letter then goes on to state that as Loan Line were not regulated by the FSA at the time of the application they are unable to forward the complaint to the FOS. WHAT THE HELL? Not impressed, Ive since tried doing my own research for Loan Line contact details etc and I cant find any! From memory, the loan was taken out with loanline.co.uk but I cant find any websites that seem to be the same company. Has anyone had similar dealings with Loanline / GE Money? How is it that someone can sell credit and not be regulated? Any help/advice greatly appreciated. Thanks. FS

Well, just printing off the letter and List of Docs... Ill upload my List later. Here's the letter Ive sent them:

Im not sure I follow you. Had a look at CPR Part 1 and, err, not sure what youre getting at.

If this thread should be put into the Legal Issues then please feel free to do so mods. Thanks

OK, bit of an update. I submitted my defence in the timescales. See below: Going through the paperwork, I also found TWO DNs! See below: One for the arrears in Nov 2007 and one in Jan 2008 for the excess over limit (the limit was breached as they were charging me out of order fees and interest!) The first one (to me at least) seems to be in order but Im not so sure on the 2nd one. The dates are way too tight, not even 14 days from conception! Also, I now have instructions as per the attached Order: See below. OK, my defence: To be honest, I havent sent in a CPR and I didnt expect to get a response like what I have so soon! Here is their POC: Please note the date that the date stated on the POC is 21/1/08. Thats the date of the DN for the excess on the account.?!?!? THoughts? THeir Std Dis List of Docs: PLEASE NOTE: They actually state that the original agreement was destroyed!!! ( Im guessing they mean the application form?!?!?!) The Order: The two DNs:

Hi Amber, if you look at the initial post on this thread, this was the first thing I did way back in Jan 2007. They didnt send me anything other than past statements though, so Ill send another one I think. GOnna piece together a CPR request too, once I work out which is the most relevant ALso found the paperwork I was missing today. But thinking about requesting a copy of all correspondence from 2006 when this all started. Making sure I have a copy of everything for my case file/reference. Amongst some of the paperwork are claims to owning the debt by at least one, maybe TWO DCAs! BUt nothing was ever send to me about this assignment! Good job I put on the defence about the possibility of submitting an ammended defence!

Well, just did an all nighter and got a defence together. Think Ill post up later on as Im about to drop it off at the court and then come home and go to bed! Bit surprised I didnt have any comments between this post and the last one tbh, but there you go. I havent been posting as much as some of the similarly started threads, so I guess thats why. I ended up using a couple of defences off of here and making them fit. Lets hope it works out OK. Also wrote a letter to go on my file outlining some of the history about how this came about and why I started with the CCA request in the first place.

Im liking that there ^^^^ Meldrew! Might use that myself! You had any comebacks? I gotta put a defence in tomorrow with the court!

Hey guys. Just had some interesting conversations with National Debtline. They also have some interesting letters on their site too. OK, I got a copy of the POC sent to me by the court. It reads: The guys ar national debtline said I could ideally do with the Data Protection Search thingy (I forget now) - it takes up to 40 days and the creditor have to issue you with everything they have against your account/name. UNfortunatley, I havent done this, so Ill have to base my defence on the basis of unenforcement. He said its a pretty black and white case. So Im feeling slightly upbeat about it. Do you guys think I should put in the Data Protection request thingy with MBNA? I havent corresponded with them for ages! Also, what does a defense look like? I need to get it in by mid week next week! Gonna speak to CAB aswell today. Hopefully they have some local guys that I can go see about it and setting up a defence team. Thoughts?

Who would that come from? MBNA or Optima?

Got to go to work now, so Ill try and do it there later on. Particulars of CLaim I got a copy of last week, Im not sure if I have a copy of the defence submitted, but it was done as a last min thing...

That my thinking too. But who?

I think I need some professional help now. I cant believe its gone to court. See my thread... http://www.consumeractiongroup.co.uk/forum/mbna/97485-mbna-cca-received-5-a.html I thought the judge would either throw it out, or let it go to court and Id get my chance to make the solicitors from Optima stupid (theyre still sending me letters asking why Im refusing to pay the debt!) So, who do I use? I havent got as much time as I used to have to go trawling through this forum but I cant afford to lose the lump sum that they'll be wanting (over £7k now with fees/interest/costs) and they still keep bashing my credit file. Is there NO way to get this thrown out, or is it that the judge has a hard on for peeps like me trying to make the CC bang to rights? Im really down over this now. Just what I need just before christmas and with a possible redundancy at work looming in the new year... Any help or pointers would be greatly appreiciated. Thanks in advance

Nice. Good work! Ive just had a letter from the courts saying my defence has been struck out and I need to respond with a defence complying with CPR Sec 16 and 22? WTF are they? My CCA req goes all the way back to Jan 2006 and then it took them over 5 mths to respond with a shoddy A4 copy which isnt fully legible, no T&Cs or the rear of the 'agreement' so Im looking for some help too. Reading this has inspired me

OK, Now Im REALLY worried. Got a letter last week form the Judge. The defence has been struck out" because it discloses no grounds of defence of the claim". I now need to file and serve a fully detailed defence in proper form and which complies with CPR Parts 14 and 22 by 4pm Wed 2/12 If I dont submit this in compliance, I get debarred drom defending and the claimant will be at liberty to enter ofr judgement for claim and costs etc. I have just missed the timescales to have this order stayed or set aside aswell (only just noticed that bit!) I think I need some serious legal advice. Ive had my PC repaired, so can get at all my old files etc now (once i hook it back up) but the main thing is that this isnt making me feel too good about christmas etc, esp as I also have a redundancy looming So, WTF are CPR (I looked and it looked terribly complicated). I have just spoken to a 'financial resolution' type place to see what they say. They cant help me, but they are in agreement that once the acct goes into dispute, no action can be taken , no monies requested and no credit file repercussions are allowed either. THE FSA STILL havent rung me back form months ago and Im REALLY REALLY annoyed about the whole thing now tbh.

I basically have totally lost track of this, moved rooms about and now cant find anything! Incl all my paperwork on the case! I had to put the AQ in, asked for a stay again (for time!) THe FOS paperwork went in in Jun 07. And apparently they had 'dealt' with it by Jun 08. Ive asked them for copies of the correspondence as I dont recall any of it reflecting the 'case closed' Youre right in the bit about even with the FOS decision, I can still take them to court, but a) it wouldnt look so good and b) the court can still make the debt payable - even if it isnt enforceable.

Well, I got it in by 4. Thats the main thing. Probably fcuked it up, but What the hell. I can follow it up like you say...

Thanks all. Ive finally found the AQ, which is a start!

Indeed it is! The AQ was due in on the 10th Aug apparently (oops) so the extension is until 4pm today. Yes, I do need a copy of the POC. Apprently the FOS (as I called them today) ruled it was all OK for MBNA to rip me a new A hole in June 08. But I dont recall any correspondence to reflect that... they just told me today. THey said they would open the archive and find out what went on. Apprently they didnt hear form me with any dispute over the outcome, so case closed.

This is the one of my problems. My desktop PC has died, I cant find ANY of the paperwork from 2 years ago and I cant find the POC! I think Im screwed. I made the offer, just to try to get it gone. ANd looking that some of the offers being banded about this morning, I think my offer is more than enough! Ive looked thro all my old posts etc. They have broken sooooooo many rules/.regs, but WTF am I to do when the FOS ruled it was case closed and I didnt have a leg to stand on?!?!

Yes, sorry - its here http://www.consumeractiongroup.co.uk/forum/mbna/97485-mbna-cca-received-5-a.html

I am today responding to a 'General Form of Order or Judgement' And if you look at my thread, yours looks awesome quality in comparison! I didnt even get the T&Cs!!! Still not sure where to go. Ive just rang their solicitor and made an offer, as Im sstill not sure how it would pan out if it did go to court!

See my thread. Same as what happened to me... TWO YEARS AGO!