Being taken to court...please help I'm scared Re: MBNA.

[AndyOrch]

If however you proposed what is called a Consent Order that you will agee to said monthly payment and there be a provision that if you failed to adhere then a CO may be placed.This would be legally binding and they could only act further through recourse of the Court and with both parties agreement.

 

Just an option

 

Regards

 

Andy

[mollybe]

That sounds like a good idea Andy...should I just put that proposal in a letter to them? Any advice on wording?

 

Natalie...yes apparently my DN is faulty according to the good people on here with only 10 days to rectify.

 

I just had another thought. I sent the SAR on 9th June and it was delivered on 10th June. They are now passed the 40 days deadline, is this worth mentioning to them in my letter or is it not worth the bother. It would be interesting to see what charges are on there to bring the balance down. BTW the settlement figure they are offering is £2500 which is the credit limit that was on the card. I am thinking there must be charges as it can't all be interest.

Edited July 25, 2009 by mollybe
added something

[mollybe]

Bump...anyone please?

[Blossomandebony]

 

I just had another thought. I sent the SAR on 9th June and it was delivered on 10th June. They are now passed the 40 days deadline, is this worth mentioning to them in my letter or is it not worth the bother. It would be interesting to see what charges are on there to bring the balance down.

 

Hi, Mollybe,

 

Can you recall any charges being added over the years? Even if the charges are fairly small, say a couple of hundred quids worth, it is surprising how the amount you can claim goes up once you add interest. IF mbna fail to provide you with statements it is unreasonable behaviour and you must tell the court about this.

 

When you get the statements back, and there are charges, you can also claim the interest on those charges, and I would also claim the amount of interest you could have earned if that money was not taken from your account. Personally I have always claimed back interest at THEIR RATES, eg 20 + %, and it has always been successful with MBNA.

 

I once had a court hearing and a mediation hearing with MBNA when I was claiming back charges and their representative was adamant that MBNA will pay back any charges and interest, full stop. Which they did.

 

In your case, any amount of charges and interest should be deducted from any 'alleged ' debt, (and if there were charges, that stuffs up their Default Notice even more!).

 

BAE

[mollybe]

Thanks for the reply.

 

I am desperately trying to get hold of the statements because I am absolutely sure there are charges on there but so far they have sent me nothing except an agreement which has no amounts on it or anything.

 

The 40 days are now up but Andy is of the opinion that chasing them to comply with the SAR is a waste of time. I guess I just want to get them on the back foot and show that I will not lie down and die.

 

Any idea what I can put in the letter to refuse the settlement they are offering. I am perfectly happy about the monthly payment but there is no way I will sign a voluntary CO.

 

I don't know whether or not to send a non-compliance letter for the SAR or just hold back and bring that up if and when it gets to court, although with my husbands and my poor health I would like to avoid that if possible.

[mollybe]

Anyone please?

[supasnooper]

Hi Mb,

 

It's your call.

 

If MBNA won't supply the documentation; then who can force their hand ?

 

 

 

 

I would suggest that you review your standing in your request to MBNA.......you really need to force their hand and follow through with the Letter Before Action to them.

[mollybe]

Thanks supasnooper. I am going to write to them accepting their offer of £3 per month but that I cannot agree to a Voluntary Charging Order as it would unfairly prejudice my other creditors.

 

I will also send the Letter Before Action and see what they come up with.

 

Thanks everyone for the help so far, if anyone else has anything to add please feel free:)

[mollybe]

Hi,

 

I a. SO sorry to bother everyone again but I have been reading lots of threads in the forum and have tried to process a LOT of information, my head is cabbaged.

 

I had decided to do the Letter before Action as I previously stated but as I was trawling around looking for it, thats how I came to be reading 100's of posts, I realised that if I go this route then I would have to follow through and take them to court if they do not comply. I feel ATM neither I or my hubbie are in a position to do this healthwise and so it might not be the best course of action for me to take.

 

Is there any other way to get the information I need, ie charges and payments made on my account? They are well over the 40 days and so far all I have received is a dubious CCA which has no figures on it whatsoever.

 

Also, are there any authorities I can report them to for non-compliance with a SAR.

 

I feel that if this goes all the way to court I do not have the information I need to mount a defence.

[Blossomandebony]

Hi,

 

Is there any other way to get the information I need, ie charges and payments made on my account? They are well over the 40 days and so far all I have received is a dubious CCA which has no figures on it whatsoever.

 

 

Hi,

 

As part of your defence, you can state that MBNA have not complied with your request, and seek an order from the court that forces them to produce the documents, (or risk their claim being struck out). This is a straightforward but very effective procedure. Seeing as your defence will rest on the statements and CCA, they will have to cough up the details.

 

 

BAE

[mollybe]

Sorry to bother everyone again but I am just trying to compose a letter to the solicitors and am having a little trouble with it.

 

I have still had no response to my SAR and cannot seem to find the Letter Before Action to send. Is it still worth sending this as I really do not want to follow through and sue them for it. Would I need to go to court for this or just submit the defence in writing.

 

Also there is a paragraph which states that they wish me to sign a Tomlin Order, which is attached, saying that..

 

The Claimant will accept the sum of £2500 as F&FS (the agreed sum) of its claim against the defendant in this action inclusive of interest and costs.

 

I have NEVER agreed this sum, how can I when I don't have the statements I have requested to check it.

 

I really don't know what to reply.

[mollybe]

bump anyone please

[supasnooper]

If you need a Letter Before Action Letter , have a look at this post -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2337928.html

 

 

and report them to ICO which you can do online - Complaints about data protection policy - ICO

 

Unfortunately I do not know of another way to force their compliance.

 

Also, please can you type up or post up the Tomlin\Consent order.

[mollybe]

Thanks for the LBA template supsnooper but I am not sure about sending it as I want to avoid court if at all possible because of mine and my OH's health issues. On the other hand how can I check the amount claimed if I cannot get hold of the paperwork. If I do send the LBA do I have to follow through with the court action?

 

This is what they have sent me so far...I am a little worried that they are saying the amount claimed is agreed as it most certainly is not.

 

MBNATomlinOrder2.jpg picture by Mollybe59 - Photobucket

 

MBNATomlinOrder.jpg picture by Mollybe59 - Photobucket

[mollybe]

Bump...anyone please

[AndyOrch]

Hi Molly

 

Forgive me if im wrong but as i read your posts either you do wish to proceed to trial for either the Summons or your own instigation re DPA,or you wish to settle, I cant see any real benefit in chasing statements for unfair charges with the thought in the back of your mind that really you dont wish to proceed.If the charges outweigh the claim amount,and you have no way of veryfying this, then you pitch your offer in the F/F/S to reflect this, im sure whether they do or dont that you will end up on the best side with a much reduced offer.Far better to put this to rest for yoursake and your OH than proceed not be confident that you can achive a mutual acceptable agreement/conclusion.

 

Regards

andy

[mollybe]

Hi Andy

 

I don't want to go to court unless I absolutely have to but I am not sure about the figure they have quoted ie £2500.

 

I also absolutely so not want to agree to a voluntary charge on the house. I don't se how I can anyway because I have other debts which are larger than this, namely RBOS who are quoting a settlement figure, without the charge.

 

I don't know if they will move on the £2500 though so maybe I will just have to accept it, but without the charge. I was thinking of writing to say that I cannot accept the voluntary charge because 'it would unfairly predjudice my other creditors.

 

I have to say I would like to get rid of the whole sorry mess if I can.

[AndyOrch]

Ok Molly

 

If you can post up the letter containing the Tomlin Order (less personal details) and you can confirm the original summons amount.

 

Regards

 

Andy

[AndyOrch]

Molly you have left your name on the second letter

 

Regards

 

andy

[maroondevo52]

Molly,

 

I've unapproved your post, remove your name and re-post, please.

 

Regards.

 

Scott.

[mollybe]

oops so I have...thanks for pointing it out Any and for removing it Scott.

 

I have edited it now.

 

The letter I received with the Tomlin Order is here

 

 

The amount on the claim form is £2717.40 + Court Fee £75.00 + Solicitors Costs £80.00 = Total £2872.40.

 

I have just found another letter sent to me in February 2007 which is offering a discounted F&FS which is a huge saving but unfortunately I couldn't afford to pay it. I also thought they were not supposed you to take out extra finance to pay off a debt, which they clearly have. I don't know where I read that so maybe I am wrong.

 

This is the letter. The sum it says I owe is a lot less than they are claiming now so they are either adding huge amounts of interest or charges but I have no idea of knowing what.

 

 

Edited August 4, 2009 by mollybe
wrong link

[mollybe]

bump

[AndyOrch]

Hi Molly

 

Apologies for not responding sooner.Forgive me if im repeating myself but at what stage are we at in your case, AQs submitted?

On the presumtion of the above again I would request a copy of the Claimants AQ either from them or the Court(some Caggers are getting them free some are being told to pay £5 some are getting the copy by courtesy of the Claimant) whichever will give valuable insight to how they intend to proceed their claim.

With regards to the S.A.R Molly let that rest.With regards to the Claim figure this is what i am about to suggest.

I would advise we proceed a little further in the process of this claim and wait issue of the DJ Orders on Allocation.Within these orders both parties will be invited to Disclose,now standard practice of most Claimants are to make the agreement/Application available,DN if retained or at least issue screen shot, LBAs etc etc and yes Statements.

What I am suggesting Molly is that you can then verify the amount claimed,if its wrong or if they fail to disclose the statements we can make application for specific Disclosure or even strike out on the Claimants failure to disclose and verify the total claimed is true.

So hold on the F/F/S and await the DJ orders on allocation and your Directions made within your AQ and then we can review the position.

 

I trust the above eliviates your concerns

 

Regards

 

Andy

Edited August 5, 2009 by Andyorch

[mollybe]

Hi Andy

 

yes you are right in thinking that I have completed the AQ.

 

I have just called the court and they close at 4pm so I will call them in the morning and ask for a copy of the claimants AQ.

 

Thanks again for your advice. I will let you know what response I get.

[mollybe]

Hi again, I'm back with a further problem and I really need some guidance please.

 

I requested the Claimants AQ on 6th August and was told they would post it out.

 

When I hadn't received it a week later I called them again only to be told it hadn't been sent and the case was now with the DJ and they couldn't get access to the file until he had finished with it. I am still waiting.

 

This is now my 'other' problem...

 

Last weekend I went to see my Mum and she had a surprise for me. My brother and sister-in-law are going on holiday this Saturday, 29th July for 2 weeks. They are in an apartment which sleeps 6 people.

 

My Mum told me that she has booked and paid for flights for me and my OH to go with them!!! She has also bought and paid for our spending money and already has the euros!!!

 

Don't get me wrong, its a wonderful surprise and goodness knows we could do with the break with everything that is going on, but I just feel hugely guilty for even thinking about going on holiday when we are in so much debt, even though it won't cost us a penny. None of my family know of the difficulties we are in, I am too ashamed to tell them and they just think it would be great for us both health-wise to get away for a while. I am now in quandry. Do I go...or do I not and Mum will have wasted her money. Not only that, but I will have to tell everyone why I can't go. Its such a mess.

 

On the other hand if we do go, what happens if something urgent comes up while we are away. What if I miss a deadline? I really don't know what to do. How can I tell the courts now, when I stated originally that I was available any time, that I am swanning off on holiday when I am defending several claims for unpaid debts.

 

Does anyone have any advice please. I have been having sleepless nights about this since weekend and its such a shame because it is a wonderful gesture from my Mum, but I just don't know what to do.