Agreements pre 6th April 2007 max limit £25,000 UNLESS creditor entered into a regulated agreement with you for a higher amount or limit was increased to a higher amount in which case it is still regulated by CCA 1974. £25,000 limit removed for all agreements post 7th April 2007 but no more irredemaibly unenforceable only unenforceable at the discretion of the court.

This is a standard MBNA cut & paste. It will be up to individual judge whether enforceable or not. Have they defaulted you? If so lets see default notice as usually invalid

I acknowledge reciept of your letter dated..........together with the documentation enclosed. I note that you have provided copy statements from.............to................. You also state that you have provided all information you hold on me. I require for clarification that you confirm whether you have a copy of my signed original consumer credit agreement. If you do not, I rtequire confirmation that you do not. I require the confirmation requested by 10 am on...............(14 days + 2 days for service). Should I not receive a substantive response I will be making a formal complaint to the Information Commissioners office. Yours Faithfully something like that................

Do 2 things................. 1. Write back to MBNA & state what BRW says............ 2. Go online to the Information Comissioners Office Complaints about data protection policy - ICO & make a formal online complaint enclosing a copy of all correspondence and an account atatement . This is something the ICO is good at dealing with - non compliance ! My exerience with MBNA tells me that they probably either a. can't find your agreement b. can find it but its unenforceable c. haven't sent you a default notice or d have sent a default notice but know its invalid or a combination of one or more of the above.............. Game on.................

The court will send you the new date .................might be an idea to ring up and see if they have already allocated it..................

Rubbish. The Court will send you a copy of the Notice of Discontinuance though it may take several weeks.

Donated £50 onpaypal - keep up the fight!

congratulations

Well you will shortly be getting aletter threateningn court proceedings. Keep an eye out for the claim form from Northampton

yes

Was it small claims or fast track?

If they are practising then they need to be members. However suggest you ring the Law Society tomorrow and check it with them if you are in doubt

check again & removal of s.127(3-5) implementation date 6th April 2007 & the removal of £25,000 limit in April 2008 does not apply with regard to the unenforceability of agreements pre 6th April 2007 - maximum is £25k. Different issue if its unfair relationship etc...............

Yes

Its before 6th April 2007 - not 2008 If an agreement was overt 25,000 pre 6th April 2007 then it would be an unregulated agreement subject to normal contract law.

If your application for redetermination is made before they make an application for a charging order then as long as you keep to your monthly payments they will not be able to get an interim and final charging order. If however they get their application in first then even though you are allowed to pay by instalments they will be able to have the interim charging order made final. This is why it is important not to let a creditor get a judgment for the full amount payable immediately. Sorry if its not what you wanted to hear

I wouldn't bother giving them a call. The issue will only arise if your husband remortgages in which case he would have to declare on the application form that you are living there and you will have to sign some paerwork so that if they have to take possession you can't claim tenancy/squatters rights.

I know of a couple of cases where CL Finance have discontinued, returned the debt to the Original Creditor and then the Original Creditor has issued proceedings again..................so keep a watch out for the claim form from Northampton landing on your doormat.......................

Yes they do have to be members

Then relas 1. The loan agreement isn't in your name and you can't be held liable for your husbands debt (unless you personally guaranteed it) 2. It's time barred under the Statute of Limitations. They will not be able to get a bankruptcy order against you. The can't serve it through the post either. It has to be personally served or they have to make an application to court to allow an alternative means of service such as post or advertising.............

Sorry didn'y see the date - I can't be eating enough carrots:) Can you tell me if the arrears demanded was the amount you were actually in arrears at the time?

What was the date it was issued?

Only for loans taken out AFTER 6th April 2007. Its not applicable here.

Only for loans after 6th April 2007 re unenforceability

See above