Muffintop v mbna

[WelshMam2009]

 

but the ignorance of MBNA to acknowledge anything is enough to set your head spinning into doubt - that is what they want but sometimes you just need to get your head back in order which is impossible to do when there's just so much going on in life. I know I've been there - you'll come out stronger the other side. Just do what's right for you now - keep your chin up and let us know how you're getting on. We'll all be fighting for you so keep watching!

 

At least they've supplied you with something!! I received a letter today stating that my CCA will be sent out under separate cover and that they don't consider the account to be in dispute...err right!!!!

[davey77]

Sorry hear here there's so much going for you but you have made the right choice for yourself I'm sure if it means a lighter load at the moment. Best wishes, D

[Muffintop]

Thankyou all of you so much, dont unsub me yet, im not done yet just taken a different route to say credit file, if the solicitor takes it up i will post the letters and the process xxx

[Muffintop]

Guys, back in the game, just a different game.As you know had to cave in and paid backdated amount since requested cca plus default sums and over my limit sums (caused by them placing default sums on account) interest rate now up to 34.9 percent which have never alllowed to happen b4 as by now swapped to a 0% card. MBNA have not defaulted me yet and they told me this takes around 7 months, cant see any negative entries on my cra file with experian cant help but think they have used a different agency (does anyone know who they use). I have placed this acc with a solicitor as I just didnt have time to keep on top of it and ws going through a major stressfull time so couldnt think straight. Im in process of beginning my 2nd mbna also with cca request whilst its still within its 0% period.

Mbna have not responded to my cpr request and now have until end of april or solicitor is taking forward to court (this means however that the 500 I paid them in backdated payments even if acc is enforceable I wont get it back) I know they tricked me into paying when I was at a low ebb and have now written to them sayin this and that they intimidated and harassed me into paying it and I will not be paying anymore until they can prove that this alledged debt is enforceable.

 

Im willing to go all the way with it this time and as I havent used the card at all hope that I havent jeopardised my case, i hope that I would be able to say to any judge that they harassed me and intimidated me so much I ended up making a payment towards a debt that they couldnt even prove was mine.

I wonder as I did make a payment if the clock has to start from the beginning again, I cannot see why it would when I have written explaining that I am still waiting for my cca, and just because a payment was made doesnt mean that I had admitted that I owe the debt, I was very carefull on the phone to explain that I did not acknowledge the debt.

[the_shadow]

As far as I understand it Muffintop, the statute barred clock starts again if you make a payment but the fact they havent responded to your CCA has not!

 

S.

[guzzleguts]

Nice to see you back M

 

The moral issue shouldnt come into it from either side in court, (IE) you telling the judge about being harassed, or the claimant stating you borrowed the money. I was informed by the judge just that, this is a court of law.

 

GG

[underdog13]

I'm sure your solicitor would have told you if the payment you recently made was problem.

 

Best of luck to you - keep us posted on how things progress:)

[angel_1]

hiya muffintop

 

glad you are back with us, big hugs to you

 

now relax you are amongst friends, and we will always support you as best as we all can in our own little ways

 

anyway catch up with later in the week off to bed nite nite all

 

laters angel x

[sunflower99]

Hi MT

Welcome back too! Sorry to hear you are having such a bad time with MBNA.

[Muffintop]

hya old friends, nice to be back in the game, albeit a slightly different one, not sure which way to proceed cpr again, try for a f and f settlement or some other tatic other than just sitting and waiting. they wont contact me until they realise im not paying again... shouldnt be long till the phone starts ringing again.

[ifoughtthelaw]

Hi Muffintop

 

Welcome back - it's good to see you here again! We're all still hanging in there somehow but it's only possible with the great support you get on here amongst friends....

 

x

[Muffintop]

Right. things hotting up to conclusion one way or other. my solicitors sent Lba asking for reply by 6th May or proceedings will begin.tried to copy it but its adobe and cant manage to do it.

 

Got reply at weekend but to me direct.

Basically they have sent same agreement that they have always sent nothing new (see beg on thread)

 

their response. they enc copy of cca inc t & c's.

we appreciate the copy of the original agreementis not very clear in parts however for avoidance of doubt, all the necessary terms are included in the credit agreement.

 

thats it, all they have sent.. feel hopefull now, wonder what next step will be

[sunflower99]

Good on you! Muffintop!

[underdog13]

Sounds interesting, MT:) Will be interested to see how things develop. Best of luck to you.

[Muffintop]

I HAVE AN AWFULL SICK FEELING

My solicitors do not seem to be all that glistens is gold, i cant work out what they are playing at.

They started off well, sending lba to both mbna and bcard, nice letter, nice threats, didnt get a response or a cca so

sent another lba again threats

now they have had nothing back they want to give them more time to produce or get this one, report to the FOS

I am beg to feel that is a case of another empty threat lba, were really gonna do it this time...

Or a wasted report to FOS who are just middle man and what will they do, if they even get round to looking at it with their huge case loads.

Also it seems that they are saying that if the agreement cannot be produced or is enforceable that does not mean the debt is written off if bottomed out in court they say there is still a debt remaining but its just unenforceable.... so that would mean that they can still continue to default you, and put negative entries on your file which you can do sweet diddly squat about.

Am i confused or what, if a cca is found to be unenforceable in court then isnt that the end of the debt?

can someone clever pse respond.

[r&b]

Am i confused or what, if a cca is found to be unenforceable in court then isnt that the end of the debt?

 

nope debt still exists they just cannot force u to pay.

[davey77]

The FOS?!

 

Have these solicitors never dealt with creditors/DCAs and credit agreements before or what!

 

Everybody here knows the FOS are useless when it comes to Credit Agreement issues.

Edited May 13, 2009 by davey77

[the_shadow]

Dont mean to sound negative but if your solicitors have issued LBA then I hardly think the OC's are going to take them serious if they take the route of the FOS over litigating.

 

Correct method would have been them to issue an N244 for disclosure as per PT2537's thread I would have thought?

 

As already stated they are correct that the debt doesnt go away and will stay on your credit record for 6 years after the default.

 

S.

[Muffintop]

The FOS?!

 

Have these solicitors never dealt with creditors/DCAs and credit agreements before or what!

 

Everybody here knows the FOS are useless when it comes to Credit Agreement issues.

AND THAT IS WHY I HAVE A SICK FEELING.... SO IF DEBT IS UNENFORCEABLE AND THEY JUST CANT MAKE YOU PAY THAT MEANS YOU CANT CLEAR YOUR CREDIT FILE UP EITHER THEN AND THEY CAN JUST CONTINUE TO PUT NEGATIVE ENTRIES ON FOR 6 YEARS???

 

I REALLY WANTED A FULL AND FINAL RESOLVE ONE WAY OR THE OTHER AND CAN SEE IT JUST WONT HAPPEN WILL IT. SO IM TAKING CONTROL AGAIN AND **** THE SOLICITORS WHATS MY NEXT MOVE? I DONT THINK THERE REALLY IS ONE, ONCE YOU HAVE SENT CPR THEN THATS IT YOUR A SITTING DUCK REALLY IS THAT RIGHT

[Muffintop]

Dont mean to sound negative but if your solicitors have issued LBA then I hardly think the OC's are going to take them serious if they take the route of the FOS over litigating.

 

Correct method would have been them to issue an N244 for disclosure as per PT2537's thread I would have thought?

 

As already stated they are correct that the debt doesnt go away and will stay on your credit record for 6 years after the default.

 

S.

Thanks Shadow and other guys kind enough to comment, so is that my next move then as Pt thread a N244?

[Harrassed09]

Muffintop you are leading us all here again!

 

I have been advised to 'complain to the court' as my cpr/cca/sar's have all fallen on deaf ears.

 

I too have an unenforceable application form.

 

I too want closure on this.

 

I am off to find this 'PT2537 thread' as apparently we need to file a N244 for disclosure? Or a N1?

 

Or do I? If, as you state, our credit is trashed for 6 years then that is not the outcome I want.

 

What I am trying to say is we need some 'Janet and John' advice here, just what we need to do and in what order.

 

Anyone out there can lead us through this jungle? Pleeeeease??

[the_shadow]

Thanks Shadow and other guys kind enough to comment, so is that my next move then as Pt thread a N244?

 

Sorry taken so long to reply...

 

if they've not responded to s78 then you can stop paying and they'll trash your credit record as you well know and set DCA's on you.

 

If you've sar'd and they still wont provide the agreement then the only other option to see sight of it is to issue court proceedings after the two required CPR letters which no doubt MBNA will just ignore.

 

If you continue paying whilst the CPR letters and N244 goes through the court they cant trash you credit rating and once you have the agreement you can decide the next step.

 

S.

[Muffintop]

thanks Shadow, but there is where the problem lies

advise is to STOP paying after no enforceable agreement has been sent and s77/78 adhered to in sending a true copy.. current t & c's and applictions forms are not true copies but the creditors say they have fulfilled their obligations.

Of course if we continue to pay whilst asking for the cca then we cannot get bad credit rating BUT we also wont get anything as they have no incentive to show us what we want our ccas.

that leaves it up to us to take it to court, risky on a cpr request isnt it as we can icur charges and onus on us to prove the enforceability of any cca

 

OR

wait for them to take us to court as with sunflower thread... and this would only happen if we hadnt paid them and with this is subsequent default notices and credit file trashed.

 

As I started off on this route, I have to now continue down it and I suspect many others the same as me.

 

(by the way I have only sent one cpr request, what is the 2nd letter mentioned and can we have a link to it or a pm please)

 

I am so so confused as the right route to go down now as it seems other are above also. I want closure I dont want to hang around 6 years with it hanging over my head, never being able to remortgage or get a mobile phone... and I just dont know how to do this without incurring huge court costs,,, can someone, hopefully you, give me the simple answer about how to do this

1. take it to court myself (the risks) is this with pts thread n244

 

or

 

2. be taken to court and (risks)

 

I hope you will understand my frustration.

[the_shadow]

thanks Shadow, but there is where the problem lies

advise is to STOP paying after no enforceable agreement has been sent and s77/78 adhered to in sending a true copy.. current t & c's and applictions forms are not true copies but the creditors say they have fulfilled their obligations.

Of course if we continue to pay whilst asking for the cca then we cannot get bad credit rating BUT we also wont get anything as they have no incentive to show us what we want our ccas.

that leaves it up to us to take it to court, risky on a cpr request isnt it as we can icur charges and onus on us to prove the enforceability of any cca

 

OR

wait for them to take us to court as with sunflower thread... and this would only happen if we hadnt paid them and with this is subsequent default notices and credit file trashed.

 

As I started off on this route, I have to now continue down it and I suspect many others the same as me.

 

(by the way I have only sent one cpr request, what is the 2nd letter mentioned and can we have a link to it or a pm please)

 

I am so so confused as the right route to go down now as it seems other are above also. I want closure I dont want to hang around 6 years with it hanging over my head, never being able to remortgage or get a mobile phone... and I just dont know how to do this without incurring huge court costs,,, can someone, hopefully you, give me the simple answer about how to do this

1. take it to court myself (the risks) is this with pts thread n244

 

or

 

2. be taken to court and (risks)

 

I hope you will understand my frustration.

 

Hi Muffintop, got the same problem with Barclaysharks so completely understand....

 

Think you misread the message tho, I was saying that if you continue paying but go down the CPR route then their is no risk to credit rating and you will eventually get the agreement or acknowledgement that it doesnt/no longer exists, its a 21+21+court time day delay tho!

 

Sorry I dont think there is anyother shortcut other than non-paying and waiting for a dca or mbna to issue proceedings and then you will see the agreement but your credit rating will take the hit.

 

S.

[Muffintop]

Tx shadow, can the cpr route still be undertaken with you non paying? i caved in a couple of months ago and paid arrears under pressure and have since told them that it was due to heavy harassment and i will be paying no more.

i have only sent cpr 3.6 letter is there a 2nd letter i dont know about that needs to follow it up?

after nothing back from a cpr is it a letter b4 action next? and this would leave the onus to prove non enforceability on me.... this is where i would like to see if anyone else has done this and sub to their thread, im willing to go for it but want to weigh up all the pros and cons b4 doing so

 

anyone?