CL Finance & MBNA -Advice needed please-end of tether

[perfectstranger]

Hello Everyone,

 

Hoping that someone can point me in the right direction again as I'm totally befuddled and at the end of my tether.

 

I held an MBNA credit card since 1996 - however as a result of a breakdown I fell behind with the payments. During the period of the breakdown I didnt correspond with anyone (couldn't make a cup of tea even let alone write letters/deal with post).

 

Anyway, I digress a default notice was issued against me in January stating I had until the end of January to make a payment. Then in lateFebruary I received a letter from the Lewis Debt Recovery Group saying the debt was then owned by CL Finance and payment in full was required.

 

I sent them a letter on 10th March requesting a copy of my CCA. Nothing was received within the permitted timescale so sent them a follow on letter advising that they had entered default and subsequently committed a criminal offence on 23.04.09.. heard nothing until a phone call at work 2 weeks ago!!

 

Then out of the blue last Friday I received a letter from CL Finance (see link) Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

Plus the following supposed copy of an agreement which quite frankly is page one of an application - no agreement details.

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

To complicate things even further I have discovered today they have issued a claim against me back in March in the Northampton County Court. I have not received any notification of this intended action and now am unable to appeal given the timescale?

I'm really at the end of my tether with these people now and also am really troubled by them calling me at work where I am unable to talk. I advised the person who called that the account was in full dispute but that doesn't seem to have made any difference.

 

Given all the above I would really appreciate some serious advice on what course of action I should take next. Am still in shock over this and have had family bereavement last week plus diagnosis of swine flu today..bloomin marvelous!! Meant to say also I posted briefly earlier on the debt thread but realised that was the wrong place...sorry

 

Thanks all x

[perfectstranger]

Soz also meant to mention that there was no page 2 of the CCA and page 1 is mainly illegible

[supasnooper]

Hi there,

 

Welcome to CAG, I'm sure you'll get some good advice here.

 

Can you tell us the CCJ details and how you found out of this.

 

I am at a loss as to why they are calling you at work if they already have a CCJ.

[perfectstranger]

Hi,

 

Thanks so much, during the course of the telephone conversation when they rang me at work the person advised me (I assume it was someone from the DCA not CL Finance ringing).

 

This is what doesnt make sense either to me, why ring me at work...and if a CCJ is effective why am I not aware and how do I find out the details of payment which have been set?

 

Also again looking at the copy of the 'agreement' which seems to just be an application form have I still the right to contest?

 

Thanks so much for listening, I really am at a loss.

Cheers

PS

[perfectstranger]

Just wondering if I should ring the court and check?

[supasnooper]

If you know the court then you could call them.

 

 

However, I would also write to CL Finance asking them for the CCJ details and indeed make them aware, if they have not told the truth you will be reporting them to the Office of Fair Trading and Trading Standards.

 

 

Your "agreement" would be unenforceable as it does not contain any reference to a credit limit or an interest rate.

 

Have a look at these links which may help you dfurther on the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

Consumer Credit Agreements

[perfectstranger]

Hi again

 

Thanks for that advice, I will definately contact CL and ask for the CCJ details as suggested.

 

I did think the 'agreement' they sent me looked incomplete so I will have a good read of the links and see what information is there. I guess my next step (apart from requesting a copy of the CCJ) will be to advise CL they have not complied with my request for a full and true copy of the original credit agreement (including the omissions mentioned) plus a statement of account!

Will have a read now of the links...thanks again for all your advice, much appreciated and no doubt I'll be back with more questions

[perfectstranger]

Hello,

 

Well I've grabbed the bull by the horns and telephoned CL and Lewis -they have confirmed they have issued a claim against me and given me the claim details. Have also just telephoned the court and advised them that I had not received any notification of the claim, and that the account was in dispute awaiting a complete CCA.

 

The court have suggested I should file a defence letter to them stating this - they have also confirmed that CL have not taken the claim any further at this point?? Does this mean a judgement has been made (sorry but my knowledge of court processes is limited) or just that they have issued a claim?

 

Either way I need to prepare a defence letter for the court - and also yet another request for a complete CCA showing full terms, credit limit and interest to CL.

 

Does anyone have any useful pointers for templates they can recommend please?

 

Cheers and thanks again

PS

[supasnooper]

It would be good if you can find out the Particulars of Claim and post them here so the claim is met by the correct defence.

 

It sounds like a claim has been issued but has not proceeded further.

[perfectstranger]

Hello again,

 

I've been given the following information re the Particulars of Claim:

 

The Claimants claim is for the sum of XXX being monies due from the Defendant to the Claimant under a regulated credit agreement between MBNA Europe Bank Limited under ref no XXXXXX and assigned to the Claimant on the 22nd January 2009 notice of which has been given to the defendant.

 

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to Section 87 (1) of the Consumer Credit act 1974.

 

The claimant claims the sum of xxx.

 

In addition to this there are £55 court fees and £70 solicitor costs....

 

My first CCA request to MBNA was back on 18th November 2008 (which they ignored) then the subsequent one was on 10th March - follow on letter advising them they were in breach of request sent -no response. Then on 16th July received from Lewis Group illegible CCA and unenforceable as does not contain prescribed terms.....

 

Clearly now I am aware of the court claim I need to respond to them - but am also needing to respond to Lewis. At the point where I'm wondering whether a solicitors letter from myself may be worth considering??

 

Thank you for you advice and time again - only thingkeeping me sane at the minute with this darned flu

PS

[perfectstranger]

polite bump

[perfectstranger]

Hi again,

I'm back in the land of the semi living (piggy flu) and ready to do battle again with these people who are making my life a misery.

Does anyone please have a suggestion of what my defence letter to the court should contain? I'm so new at this I'm worried I will completely say the wrong thing in it without some help.

 

Also, suggestions on what I should send the DCA in response to the agreement would be greatly appreciated - sorry I feel so daft as have spent since 5.00am lost on other threads looking for the information.

 

Thanks so much -any advice is greatly appreciated as I'm tearing my hair out now here

[perfectstranger]

On another note also - Can anyone tell me please how to subscribe to my thread here as I'm currently scrolling back pages to find it? (oh dear!)

 

Thanks so much All