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


mollybe
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So am I correct in thinking that I just wait for something further from them.

 

My only concern is that the court will see that they are trying to settle and I am ignoring them.

 

Can you tell me again why you think they haven't completed their AQ. I thought they only had a certain amount of time to do this.

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So am I correct in thinking that I just wait for something further from them. Their claim up to them to provide all the relevent details

 

My only concern is that the court will see that they are trying to settle and I am ignoring them.Your not, look at your responses to their offers keep a papertrail

 

Can you tell me again why you think they haven't completed their AQ. I thought they only had a certain amount of time to do this.

Well if they have, then they are prolonging the stay to enable them to force through settlement.They can only maintain the stay so long before the Court will release further AQs.Very keen on trying to reach settlement rather than go to trial.If you want to fight the unfair charges then you will have to see this through to the disclosure stage and force Disclosure of the Statements in order to verify a CC.

Regards

Andy

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Well, that didn't last long...I now have the file out again.

 

I have received another letter this morning asking whether or not I accept the offer and terms of the Tomlin Order and asking me to reply within 7 days.

 

Am I still in 'ignore' mode.

 

Might it be worth pointing out to them that I am still waiting for my SAR request to be replied to which they received on 10th June!

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Hi Molly

 

Quick reply that you are still seeking legal advice and that subject to the them responding to your D.S.A.R of date xxxxxx to veryfy any unfair charges levied to said account,upon reciept of said statements you will respond to their offer of Tomlin.

 

Your sin back off

 

Molly

 

Regards

 

Andy:D

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  • 1 month later...

Hi everyone,

 

Well, I have heard nothing at all from Arrow Global since I sent my last letter.

 

This morning I have received a letter from the courts saying...

 

Unless the parties do by 4pm on 7th December 2009 comply with the oorder dated 5th September 2009 their respective statements of case shall be struck out without further order.

 

This order has been made without a hearing under Civil Proceedure Rule 23. You may apply to have this order set aside or varied withing 7 days of service of this order under Rule 10 of the civil proceedure Rule Part 23.

 

Do I need to do anything about this?

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What was the Order of 5th Sept Molly?

Can you type it up verbatim

 

Regards

 

Andy

We could do with some help from you.

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Hi Andy, how's you?

 

The order of 5th September says...

 

Upon reading letter from Mortimer Clarke Solicitors

 

Without hearing

 

District Judge ************ orders that this claim be futher stayed until 7th october 2009 to allow the parties to continue their attempts to settle.

 

On or before 21st october 2009 one of the following steps must be taken.

 

either

 

the claimant must notify the court that the whole of the claim has been settled

 

or

 

the claimant or defendant must write to the court requesting a further extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert, or other person helping with the process. The letter should confirm the agreement of all the other parties.

 

or

 

all the parties must file a completed alloacation questionaire at the court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed questionaire. The list must be agreed with the other parties and must indicate that it has been agreed.

 

Thats it...

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I'm fine Molly thanks

 

Ok do nothing but check with the court on the 7th and see if the claimant as either made application or the as the case been struck out.Hopefully the latter for you;)

 

Regards

 

Andy

We could do with some help from you.

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not much by the sounds of things the court is waiting for both of you to reach settlement.They may apply for further stay or SJ who knows but if they do neither then the matter will be struck out!!!

 

Andy

We could do with some help from you.

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  • 1 month later...

Hello again everyone.

 

Well I finally got some documents from MBNA.

 

A covering letter stating that 'Further to my request for copy documents pursuant to the Consumer Credit Act 1974 they have enclosed.

 

A copy agreement

Terms and Conditions

Statement of account.

 

It also states that I must now provide proposal for repayment of debt. Failure to do so will result in the continuation of collection activity, which in your case may include litigation.

 

They have sent their 'Copy of Agreement' which they supplied previously and I posted a link to in an earlier post. There is no agreement number, to amounts or anything on it just my OH signature twice.

 

They havr sent me 1 statement dated 7th April 2008. This is just a bog standard monthly statment stating how much is owed, minimum payment etc. Thats it, no more statments.

 

There is also another sheet which looks like it may be some sort of application form which I have uploaded below.

 

Can anyone please help. They seem to think that these documents are sufficient to comply with a SAR...I am thinking NOT.. but am unsure where to go from here.

 

I phoned the court on the 8th December and all the clerk could tell me was that the case was with the judge and she could tell me nothing. I have heard nothing from the court since.

 

http://i390.photobucket.com/albums/oo343/Mollybe59/MBNACreditAgreement.jpg

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Good Morning Molly

 

I hope you had a good Christmas and New Year.

I wont be able to take a look at your uploads until next week so dont think you have been abandoned.

 

Regards

 

Andy;)

We could do with some help from you.

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  • 2 weeks later...

Well we are getting near to the 'stay' date now.

 

I was wondering if anyone had managed to look at the documents I posted to let me know if they were sufficient.

 

I think it is time I wrote to the courts to let them know the trouble I am 'still' having getting hold of statements to check amounts etc. Plus I cannot believe they are saying they have sent a copy of the signed agreement when there are absolutely no figures on it. All they have are 2 of my OH's signatures which could quite easily have been on the application form.

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Bump

 

Can anyone help, I have uploaded the docs that MBNA have sent me and I need to know if they are okay...please?

 

Sorry to bump again..can anyone help please?

 

Can anyone please help me?

Edited by citizenB
merged SOS posts to tidy thread
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  • 3 weeks later...

Back shortly Molly

 

 

Andy

We could do with some help from you.

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Hi Molly

 

Apologies got sidetracked will take a look at the uploads and get back to you shortly

 

 

Andy

We could do with some help from you.

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Hi Molly

 

Uploads of the T&Cs ( standard MNBA response) what to they relate to? anyones guess!!!

The CCA is an application form again standard MNBA

The statement is a manual print out of the status and does not equate to to your request for true statement of account.

 

They are hoping you believe that they have complied if they think they have and the docs supplied are good enough to proceed with litigation then let them chance it.IMHO they are still in default of your SAR request.

 

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

 

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