Jump to content


MBNA/Restons CCJ/ CO


phatram
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3466 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

2 weeks ago, got this today,

 

 

 

HER MAJESTY'S COURTS SERVICI

District Registry of the High Court .of

Justice DERBY COMBINED COURT

Morledge

Derby

Derbyshire

DEI2XE

 

T TEL. 01332 622600

F FAX. 01332 622543

Minicom VII 0191 4781476

(Helpline for the deaf and hard of hearing

www.hmcourts-service.gov.uk

Our ref: Your ref:

 

11 October 2008

Dear Sir/Madam,

Re: Mbna Europe Bank Ltd Stansfield House -v- Mr P Case No.: XXXXXX

Thank you for your letter dated 30th September 2008.

The Claimant's solicitor purported to write to you on 25th September 2008 with a bundle of documents. Have these documents now been received?

Yours faithfully

Listing Section Ext

Link to post
Share on other sites

  • Replies 1.3k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I'm sending this,

 

 

Derby Combined Court

Morledge

Derby

DE1 2XE

 

 

 

 

Dear Sir,

 

Thank you for your letter of the 11 October 2008.

 

Further to your General Form of Judgement or Orders, dated 10 September 2008 (copies enclosed), as I have respectively pointed out in my letter of the 30th September 2008, Restons Solicitors have only sent me documents relating to Claim xxxxxxx(MBNA Virgin) as listed in my earlier letter. Since the order of the 10 September 2008 I have received nothing with regards to Claim xxxxxxx(MBNA Abbey). To clarify matters I enclose copies of what has been sent to me.

 

May I also point out that these accounts have now been in dispute for almost a year, and I have made complaints about MBNA’s conduct to the F.O.S, Cheshire Trading Standards and the F.S.A. MBNA have added interest since the accounts were put into dispute and altered my credit rating which I believe is against guidelines, or even the law. They have been obstructive, harassed me by phone and letter, even threatening to send people to my home.

 

I would respectfully suggest that MBNA have had more than enough time to fully comply with my request and your Court Order, and would therefore respectfully ask the Court to strike out the claims.

 

Yours faithfully

 

Should I send the papers MBNA sent me on 26 Sept so the judge can see they haven't complied?

Edited by phatram
mistake
Link to post
Share on other sites

I'm sending this,

 

 

 

 

 

Should I take the papers MBNA sent me on 26 Sept so the judge can see they haven't complied?

 

Looks good to me phatram. Those will the docs that are illegible ?. I guess it wont harm to have them with you, Just in case :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

It would not harm but if they have not complied which they have not then this should be stuck out immediately

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Well good luck for a strikeout for you and mbna can squirm back with their silly legal eagles

 

so im guessing even after a year and complaining to ts and the others they who should serve the public havent really helped you?

 

fingers crossed its a good result for you...ciao for now maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

29 April 2008

www.mbna. co.uk

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

Default Notice Served under Section 87(1) of the Consumer Credit Act 1974

 

 

 

Dear Mr P

Credit Card Agreement: XXXXXXXXXXXXXXXX

We refer to the above agreement which you have entered into with us. Clause 3 of that agreement provides that you must repay immediately the amount of any arrears on the account. You are in breach of that clause because you have failed to make such payment and are seriously in arrears. A stop has been placed on your card.

In order to remedy this breach we must receive a payment of £XXXX.XX by 12 May 2008.

IF THE ACTION REQUHIED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THIS

BREACH.

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU

On or after the date shown, the agreement will be terminated and we will take court proceedings to recover the whole amount owed by you to us. Further statements may not be issued.

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVICE BUREAU.

If you do not comply with the requirements of the Notice, we will register a default against you with credit reference agencies after 30 days of the date of this Notice. This will remain on your credit file for six years and may affect your ability to obtain credit.

If you have not contacted us in response to our previous reminders you should do so now on Freephone 0800 389 9002 since this may enable problems to be resolved before action is taken against you.

 

 

 

 

Matthew McGrath

Head of Customer Assistance

 

 

 

MBNA Europe Bank Limited is authorised and regulated in the UK by the Financial Services Authority and subscribes to The Banking Code. Registered Office: MBNA Europe Bank Limited, Stansfield House, Chester Business Park, Chester CH4 9QQ. Registered in England Number 2783251.

 

 

 

Ive had two of these, one for each account.

 

I've just been having a re-read and I reckon they've cocked up with the Default Notices dates.

I thought they have to give 14 days from date of receipt of the notice to rectify any arrears?

Link to post
Share on other sites

This is true Phatram

 

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Any news from the courts re ur second non compliance request?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Phatram, I am your Phatmate LOL ;)

 

Loved seeing your letters are from Matthew McGrath. Please do us all a favour and record a phone call to speak to him, if you dare :twisted: !! My OH did this about a month ago and after an hour on the phone to MBNA still didn't get to speak to him and nearly suffered a heart attach in the process !!! I can jest now but it wasn't funny at the time !

 

Go For It !:twisted:

Link to post
Share on other sites

  • 2 weeks later...

Todays letter from FOS,

 

 

 

 

 

Financial

Ombudsman

Service

Financial Ombudsman Service

South Quay Plaza 183 Marsh Wall London E149SR

141280 Isle of Dogs 3 Financial Ombudsman Service

 

 

 

28 October 2008

Dear Mr P

Your complaint about MBNA Europe Bank Limited

I am writing about your complaint against MBNA. Please accept my apologies for the delay in passing the case to one of our adjudicators. The delay has been caused by the large number of complaints we have received in recent months.

In the meantime, it would be very helpful if you could let us know of any recent changes in your personal circumstances that you may not have told us about already - for example if:

you are now experiencing exceptional financial hardship because of circumstances

connected to your complaint;

you are suffering serious ill-health, which makes it extremely important to you that

this complaint is resolved quickly;

legal action is being threatened in relation to this case; or

you have had an offer from MBNA since we last wrote, and you have accepted this

offer to settle your complaint, (or are considering accepting it).

If you need to contact us about any changes like these, please phone us on 020 7093 5500 during office hours, email us [email protected]. or write^o the casework support t@arn~at the-above^ddress. ------- ---------------

 

head of casework support

 

 

 

Otherwise, we will be in touch again - within two months - to update you on progress. Yours sincerely

Link to post
Share on other sites

hiya all

 

since im following this thread too, would like to ask now that its at the ombudsman, is the account still in dispute for you still? ie do mbna have to stop charges, interest, contact with you and no info to credit agencies?

 

only asking this as ive been told by ts this is what should happen once the complaint goes to fos....

 

so good luck phatram will keep fingers crossed

 

ciao for now have a fun day MAZ

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

hiya all

 

since im following this thread too, would like to ask now that its at the ombudsman, is the account still in dispute for you still? ie do mbna have to stop charges, interest, contact with you and no info to credit agencies?

 

only asking this as ive been told by ts this is what should happen once the complaint goes to fos....

 

so good luck phatram will keep fingers crossed

 

ciao for now have a fun day MAZ

 

Maz, when an account is in dispute, then there should be no action on the account until it is sorted out according to OFT guidelines. However, that doesnt mean to say that a creditor/DCA will take any notice and frequently dont.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Great thread phatram - you've had great support on this thread - will watch and wait with interest

It would be interesting to see how the hell they think they are going to get away with this.

I have same issue with MBNA however they won't take me to court so I think I'm going to have to take them for unenforceable CCA and no DN.

http://www.consumeractiongroup.co.uk/forum/mbna/81907-mbna-ding-ding-round.html#post729106

Its playing havoc with my credit ratings!

Good luck :)

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

Link to post
Share on other sites

Phatram i would advise they have filed papers and that giving them the case numbers etc and letting them know what stage the case is at.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

  • 2 weeks later...

ok good luck and u might wanna chase the courts up.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Links latest offering in reply to my CCA request,

 

LINK

[

 

 

Link Financial Ltd PO Box 30095 LONDON SE17WU

 

 

 

Link Financial

 

 

 

29 October 2008

LINK Ret. No: XXXXX

 

Dear Mrs P

 

Thank you for your recent letter. I can confirm the information you requested has been ordered from MBNA Europe Bank Limited and we hope to provide this to you as soon as it is received. Unfortunately this is taking longer than previously anticipated. I can confirm we are holding your account until this situation can be resolved.

If you have any questions or queries in relation to this letter please feel free to contact me directly on .

 

 

 

 

 

Yours sincerely

 

 

 

 

 

LINK Financial Limited

Link to post
Share on other sites

lovely another piece of garbage.

 

So the legal action they were threatening will not be going ahead as they have now admitted they dont have the paperwork to do it.

 

Nice one.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

  • 4 weeks later...
  • 1 month later...

what nothing from the courts after this long

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...