MBNA..i need help

[r&b]

I'm pretty sure that the OC has to notify you if the debt has been sold. and to whom. The recipient must then contact ou to advise that they have been assigned the debt etc etc

 

they most def do, refer back to post 57.

but its irrelevant as 42man states.

[Stubie]

To be fair, your circumstances, at least until recently, were very similar to mine so I am serving self interest by staying up with your situation.

 

At the same time, the more we help each other the better prepared we both will be and the interjections from more knowledgeable Caggers are a great help.

 

Hopefully, we will both get through all this and be able to sleep at night whilst the trauma continues.

 

If I can help in any way, shout up and I/we will be here to support.

[42man]

I have added the securitisation aspect in respect of this - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/120057-cabot-test-case-2.html#post2384353

[nancy D]

Ok i have sent everything now. Do i just wait???

[Stubie]

Ok i have sent everything now. Do i just wait???

 

Everything?

 

What did you send?

 

You need to submit the AOS, then enter a defence within the 23 days before the final date.

 

Did you submit a defence already? It just needs to be a summary of your arguements at this stage, then you will need to prepare a more detailed defence for the hearing, if it gets that far.

 

Personally, I would go for having the action struck if they cannot produce an agreement but that is further along.

 

At this point you should have sent the AOS, A SAR request, a CPR 31.14 or CPR 18 request (probably the latter) and entered a defence into MCOL.

 

Then you can sit and wait as the court will confirm that a defence has been entered and allocate the case to the court system. MCOL is somewhat limited in its application so once you defend, MCOL cannot handle this so it goes into the court system. Northampton will contact you to tell you which court etc and a hearing date.

 

If you have not received all of the information you have requested, then you will need to have proceedings stayed awaiting information from the claimant or their representative.

 

I think this is complete, wiser minds will put you straight if I have missed anything.

 

Good luck

[r&b]

hi nancy,

as Stubie says can u post up what u sent under CPR18, in what timeframe did u seek a reply?

u have done the AOS, so when is ur defence due in (33 days after the date on the claim form)?

i wouldnt put your defence in just yet if time permits, in case u get smth back from the CPR18 rqst.

[nancy D]

I have submitted AOS online, I have sent subject access request to MBNA and also Requested the information from the solicitor within 7days. I don't know were to start in my defense it is due by the 2nd of October. Stubie i have not entered a defence into MCOL and don't really undertstand???

[r&b]

whats the date on the claim form nancy?

[Stubie]

Did you submit your AOS on line?

[nancy D]

yes

[nancy D]

R&B the 28th August

[Stubie]

yes

 

You submit your defence in the same way.

 

As r&b says, leave it a while and see what you get back from the sols as this will influence what you put.

[nancy D]

Ok so i leave it at the moment and don't do anything until i get a response from the solicitors??? I am sorry to ask so many questions, I am not very clued up on anything like this and would not have got this far if it hadn't been for everyone's help on here

[r&b]

R&B the 28th August

 

so your defence has to be in by Wed 30th Sep (if poss, couple days b4 to be safe).

Ok so i leave it at the moment and don't do anything until i get a response from the solicitors??? I am sorry to ask so many questions, I am not very clued up on anything like this and would not have got this far if it hadn't been for everyone's help on here

 

most of us had no clue before finding this site nancy. i would have a look around and find a holding/embarrassed defence that fits your situation (most will) just in case you get nth back from them, just so u are prepared. also keep looking for and reading threads that are congruent with your situation, its amazing what u will pick up.

couple of useful links for speedy reference:

 

Consumer Credit Act 1974:

Results within Legislation - Statute Law Database

 

Civil Procedure Rules:

CPR - Rules and Directions - Ministry of Justice

[nancy D]

Hi,

 

I have had no reply from MBNA or solicitors so looks like i will need to put forward a holding/ embarrassed defence. It is also showing that the letter to the solicitors has either been declined as it showing as undelivered. I will need to send this again. I am looking at threads now but any input would be greatly appreciated.

 

Many Thanks

Nancy D x

[nancy D]

HELP!!

 

I received a letter from MBNA today saying:

 

Thank you for your request to be provided with personal data pursuant to the data protection Act 1998.

 

For security reasons we require you to provide a form of positive identification (an example of acceptable identification would be a copy of a driving license or passport which includes the main cardholders signature). Although statement information has been sent to you at your address a current postal address is not adequate form of identification. Due to the amount of personal information MBNA will be sending in the Subject Access Request, including bank details, security information, places of birth and dates of birth, we would require extra identification from customers.

 

END

 

Has anyone else come across this or is it a ploy to get my signature????

[r&b]

nancy its a common ruse. reply stating that they have seen fit to send sensitive documents including a court claim to u at that address so u see no grounds for them disputing your identity. u could always send a diff signature from normal as a gesture of goodwill if u so choose. also tell them that the 40 day time limit began on their receipt of ur original request not from when they decided u were who u said u were.

[exchange]

I have always deliberately used an altered signature in the hope they would use it but no luck so far. This didn't get noticed by any CCC or the banks as I sent cheques with the same altered signature. I use my normal signature on everything else so easy to prove if they did use it!

[nancy D]

Many thanks.. i will reply r&b and thanks for the signature tips lol!!!

 

 

I have also come up a with an embarrassed defense after looking through different threads. Would this be any good???

 

1. The Claimant has failed to supply a credit agreement.

 

2. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

 

3. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

 

4.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

 

 

 

Any input would be greatly appreciated as i will need to send this ASAP!!

 

Edited September 23, 2009 by nancy D

[r&b]

u cud use most of this from nicklea/PT2537, amend to suit:

The Consumer Forums - View Single Post - Luxx -v- RBOS **Partial Victory**

 

final day is wed 30th sep isnt it? u can do it online

[nancy D]

Yes final day is wed 30th. Many thanks for all your help r&b

[exchange]

You've gone quiet nancy D. What's happening?

 

If you have a loan agreement this might help http://www.consumeractiongroup.co.uk/forum/general-knowledge/227141-important-new-loan-regulations.html.

 

Hope everything is OK.

[nancy D]

Hi Everyone,

Sorry i have not been on i have had a poorly little girl who is a lot better now.

 

Anyway Update:

 

I have only now received information one was a letter from MBNA solicitors as follows:

 

We refer to your De fence filed at court and dated 30th September 2009.

 

Our client is anxious to avoid costs of proceeding to trial which would be substantial and would be the responsibility of the unsuccessful party at the final hearing.

 

With this in mind our client would like to try and agree terms of settlement with you in order to minimize costs. with this in mind we enclose copies of all documents upon which we would intend to rely, these are as follows:

 

1. Copy Default Notice dated 2009

2. Current version of Agreement /terms and conditions

3. Statements of account from August 2006 to July 2009 which demonstrate how the default balance claimed of £14000 has been calculated.

 

Should you wish to negotiate terms of settlement with our client we must hear from you with in 7days failing which the proceedings will continue. We have in mind either agreeing a reduced lump sum settlement to clear the account at a discounted rate or installment arrangement under a consent order facility which will enable you to avoid incurring a CCJ.

 

 

I also received a letter from my court as follows:

 

Tue 8th Dec

District Judge ***** sitting at *******considered the papers in the case and ordered that:

 

1) The action is stayed until Tuesday 19th Jan during which a period the parties will try to settle the matter or narrow the issues.

2)By 4pm on Tues 19th the Claimant shall notify the court in writing of the outcome of negotiations(without disclosing any matters remain subject to 'Without Prejudice' Terms) and what, If any, further directions are sought. Failure to comply with this direction or engage properly in negotiations may result in the application of sanctions. If settlement has been reached , the parties shall lodge a consent order signed by all of them.

 

3) Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court within 7days

 

so now i am stuck again does anyone know what i should offer MBNA??

[nancy D]

I received a notice of Discontinuance from MBNAs Solicitors:D today!! I take it that means i have won????

[exchange]

Wondered what had happened to you. Pleased things are better for you and you daughter now.

They were obviously confident of winning then! I think discontnuance by them is good, but I would wait for more knowledgeable opinion before celebrating yet.