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Court Default from MBNA


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Hopefully i have posted in the right place. My partner has received a court default (from northampton court) from MBNA. We stopped paying around september last year as we couldn't afford to (bank cancelled all out dd's as we had more going out than coming in) and i sent a cca but unfortunately not by recorded delivery and got nothing back. Can i still send a CCA even though we have a court letter? What is the best way to approach this. We can't afford to pay in full so want to ask if we can pay in anstallments but we don't want to pay if they don't have a signed credit agreement.

 

Thanks for your help.

 

Lisa

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Can I just clarify exactly what has happened?

 

What do you mean by court default - is that a Default Judgment or have you just had a summons?

 

If there is a Default Judgment then you can't do a CCA request.

 

We really need a bit more info?

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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When did you receive the summons?

 

Have you completed the acknowledgment of service indicating that you are disputing all of the claim?

 

Can you post the particulars of claim? Is the claim for more than £5000?

 

Have you got a copy of the Default Notice?

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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