MBNA..i need help

[nancy D]

Hi Exchange,

Thats great news:D but dreading all the horrible letters and phone calls now. Also can they give me a CCJ???

[Stubie]

Hi nancy D, I had the same letter referring to HBOS on the 23/05/2009. Still not had any copy of my agreement. Bank of Scotland was taken over by HBOS, then MBNA got involved with the credit card side of things. As long as they don't send you a copy they are in default and you continue to be in dispute with them which = no payments:D.

 

Thanks Exchange,

 

I didn't know that. I wonder if that is why Halifax haven't got my agreement - and they admit it.

 

I agree with you, until they produce the agreement they are in default.

 

I would be inclined to write to them acknowledging the contents of the letter, confirm that no payments will be made until the agreement is produced, remind then of the restrictions relating to default (no interest etc) and you will contact them again once the agreement is produced.

 

As an aside have you sent them a SAR or a CPR request. The removal of signatures only applies to s77 - 79 requests so any other approach should produce the agreement or give a clearer picture as to what they do have.

 

I know they still try to hide behind the SI 1557 regs no matter how you seek to have it revealed but it strengthens your case.

[Stubie]

Hi Exchange,

Thats great news:D but dreading all the horrible letters and phone calls now. Also can they give me a CCJ???

 

A CCJ is a County Court Judgement, they can't just distribute them by post, they have to go to court.

 

If they do (and if they can't produce the agreement then that is unlikely) you can demand sight of any documents they propose to use in evidence. If they try without an agreement then they cannot prove the debt and the case should be thrown out.

 

All creditors resort to scare tactics in the hope that people will just pay up. They usually know they can't go to court because the relevant documents are flawed or missing so calls and letters are the only options available to them.

 

I find them quite fun, now.

 

Don't be scared of these people, they have far less power than they would have you believe. They rely on ignorance of ones rights.

 

;-);-)

[nancy D]

Thank you so much ..feeling a lot better now about things now. I will also send them a letter as you discussed and go down the route of requesting a subject access request.

[Stubie]

There's no certainty you will get an agreement but it worked for me - others have failed.

 

Best of luck

[nancy D]

Update

 

I recieved a text message from MBNA telling me i could recieve a 60% reduction should i just hang in there and not pay anything or take it????

[lee32uk]

I would say ignore it as they will probably sell the remaining 60% on to a DCA, although if they are prepared to put it in writing that this is a full and final settlement figure and that they won't pursue the rest of the money thats different. It all boils down as to wether you want to get them off your back once and for all. If you go down the court route then it will be a longer slog, but if they have no agreement then you have nothing to lose.

Only you can decide

Edited June 25, 2009 by lee32uk

[nancy D]

Thank you lee32uk

[nancy D]

Hi

I received a Court papers for a potential CCJ from them now i have 28 days to reply. I dont know what to do now and i cant afford a solicitor AAAHHHHH!!!! Still no agreement has been sent. Please help!!!!!

[Stubie]

Hi

I received a Court papers for a potential CCJ from them now i have 28 days to reply. I dont know what to do now and i cant afford a solicitor AAAHHHHH!!!! Still no agreement has been sent. Please help!!!!!

 

Is it a real threat or full of "may" and "might consider" to make it sound threatening without having any substance.

 

Did they tell you to reply to the sols or to MBNA?

 

I got a similar letter from Optima Legal but when you read between the lines it was a worthless letter full of the above terms and ducking and weaving.

 

I ignored it and they never followed up.

 

Post some more details and we will see what you have really got.

[exchange]

Hi nancy D, as Stubie says, it is probably just one of their typical standard threats that we have all seen before. It's normal to react when you open the post and perhaps panic slightly. If you have now reread what they have sent I am sure it is not as awful as you first thought.

[nancy D]

Hi many Thanks Stubie,

 

No it is proper court papers for Northampton court by Restons Solicitors. I have received one letter from Restons offering me a reduction and to call them but i have been away and didn't respond and then received the court papers.

[nancy D]

Hi Exchange,

Many Thanks and any input would be so helpful!!

[exchange]

Proper court papers means you might want this moved to the 'Legal Issues' forum where you will get help. If you click on the triangle and ask the site team they will move it for you. Would like to help but there are better qualified caggers than me who can help you now you have reached this stage. Best of luck but with the help on here you should be able to fight them without paying solicitors.

[nancy D]

Many Thanks exchange

[Stubie]

The first thing to do is to tug out the document called "acknowledgement of service, fill it in and send it off.

 

This will give you an extra 14 days to post a defence.

 

Then get to work on a defence.

 

If they haven't got an executed agreement then this is not going to test your imagination very much but I agree, this is now better placed in the legal section.

 

We will follow you across, of course

[nancy D]

Many Thanks Stubie

[42man]

Moving to the Legal Issues forum....also Nancy you might be interested in these links - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/120057-cabot-test-case-2.html#post2384353 and this one - http://consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

[nancy D]

Thank you

[r&b]

hi nancy,

on the claim form you should find (usually to the right) an area with a password for MCOL -Money Claim Online. you can use this to submit your AOS rather than the more laborious postal service. beforhand however, can you outline your circumstances upto now ie what you have done CCA rqst/SAR/CPR disclosures if any and what the claim is for CC/loan/etc and when it was taken out so that people can quickly get upto speed and help out.

can you also state the POC verbatum and obviously if u post up any docs remove your personal dets first.

[nancy D]

Hi

 

Many Thanks,

 

It is for a CC that was taken out about 16yrs ago originally with the Bank of Scotland. I requested a CCA in March I had to request it twice and received a letter saying:

 

Thank you for your recent request; I can confirm the following are enclosed;

 

Agreement/Terms & Conditions

Recent Stataement of Account

 

We are sorry we have not been able to send a photocopy of the original agreement, but hope that you will find the enclosed copy clear to read and sufficient for your purposes. I can confirm that a a copy of the original credit agreement has been requested for you and should HBOS be able to provide us with a copy, we will forward it to you.

 

It may be helpful to explain that we are not required to serve a copy of the credit agreement, which includes signatures, as the law permits lenders to omit signitures from copies of all credit agreements. What we have sent you is a true copy containing all the necessary material terms and conditions. For the avoidance of any doubt , all the necessary and prescribed terms and included in the enclosed credit agreement.

 

Then I can call the specialist team etc etc!!!

 

I then sent my account in dispute letter twice and this was not acknowledged I only received telephone calls which I ignored and text messages after that and a few letters and messages offering me 60% discount. I then received a letter from RESTON’s posted on Aug 4th :

 

Letter Reads:

 

We are instructed By MBNA to claim immediate payment on your overdue Credit Card, **** plus capitalised interest as appropriate.

 

You must now pay £**** to this office by date failing which summons will be issued for the full balance PLU interest, fees and costs. A judgment may be entered against you, which will be registered. Your credit record will be affected etc.

 

Our client may be prepared to accept by instalments. If you wish them to consider this option please complete the enclosed questionnaire and return to office within 6days. We may telephone you etc. All future correspondence/payments should be sent to this office with name and account number. Receipts will not be given unless specifically requested.

 

Finally, our client has asked us to draw to your attention an opportunity for you to clear the account at a specially discounted settlement figure which will represent a substantial saving for you.

 

 

***

 

 

 

 

 

 

Sorry scanner not working at moment.

I did not reply to this letter as I have been away in Scotland looking after my mum who has been poorly.

 

I then received on Sat a court summons.

 

Please let me know what other information you may need and I do apologise as I am not very clued up on these type of things.

[exchange]

I had the same letter as I also had a CC originally issued by BOS. When I did a SAR an application form turned up with it which is completely unenforceable. Hopefully yours is the same. Hope this helps.

[nancy D]

Thanks Exchange,

 

I know that on the court claim form i need to defend all claim but it's very scary as i don't know were to go from there. Did they take you to court??

[r&b]

hi nancy,

technically they have in all probability adhered to your s78 request by sending an executed agreement (not to be confused with enforceable) so the account is not in dispute.

have u had any NOA?

have u sent a SAR if so when and any response?

can you post up the Particulars Of Claim and the date.

keep a very very close eye on your timings as this can cause problems if u miss deadlines.

i would be tempted to dispute the whole claim which will give u 28 days + 5 days service from the date on the claim form in which to enter a defence. dont worry if u dont have a defence u can submit a holding/embarrassed defence which will force the claimant further down the judicial road.

[nancy D]

Hi r&b

what is a NOA??? No i have not sent a Subject Access Request.

 

Particulars of claim:

The claimant claims payment of the overdue balance due from defendant under a contract dated on or about 19.08.1996 in the sum of ****inclusive of interest to the date of this summons at 8% per annum from 03/08/09 to 27/08/09.

 

PARTICULATS a/c no:*********

 

DATE ITEM VALUE

03/08/2009 Default Balance *****

 

Together with:-

Interest pursuant to s69 county courts act 19 at the rate ***.**pence per day to the date of jugement or sooner payment.

 

Please let me know if you think i have no chance with this????