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MBNA/Restons Claimforms - 2 MBNA Cards **DISCONTINUED***


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Hi,

 

I tried to look for this answer before posting but didn't have any luck. I have 2 accounts with MBNA (3 if you include A+L) and all sorts is going to hit the fan soon.

 

If I make a Subject Access Request for 2 accounts using one letter is the charge I need to send them £10 or £20 ?

 

Another question while I am here,

 

I will soon be offering my Credit Card accounts reduced payments due to unforeseen hardship, I would also like to Subject Access Request them to see about claiming charges and CCA them to see about unenforceable agreements.

 

The main question is... in which order should I take the above three steps?

 

MBNA have been incredibly unhelpful and I can tell from their tone to my requests for help that they will be a pain to crack.

 

Last month there was a payment due on the 11th a Sunday,

I got a letter from RMA dated the 12th not a nasty letter but a surprising one as my account is not in arrears and the letter was dated on the day after the missed payment was due. I ignored the letter which told me to pay into an RMA account and I paid MBNA a few days later.

 

I also got a phone call from RMA at 8.30am the day after I made payment which I ignored, they called again later which I answered and recorded.

I refused to give any security details but was still able to talk about the account and tell them it was paid up!

 

Its unbelievable that some company you have never heard of before sends you a letter and asks you for money you were going to pay MBNA.

MBNA at no point mentioned the name of this company or that they would transfer my personal details to them.

 

MBNA have been the most unhelpful of all my accounts, to my surprise Barclaycard suggested a payment holiday :shock: which took me aback a bit!

 

Thanks in Advance for your help.

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Hi All,

 

One more thing again a multiple account question...If I request a CCA for two accounts with MBNA is that £1 each?

 

Also if anyone can help with this....In what order should I do the following...

1.Hardship letter with offer of reduced payments and request for freezing of rates and charges.

2. CCA Request

3. SAR Request

 

I would presume that the first option should be done first but I am not sure.

 

One more thing does anyone know the ins and outs of data protection as MBNA released my details to RMA (DCA) without my knowledge after a payment was a day late?

 

Thanks again for any help.

 

Royal.

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It might be a good idea to send individual postal orders of £1 each - NOT £2 for two accounts. A couple of lenders have returned my payments and say they cannot accept the payments for multiple accounts on one postal order!

 

 

regards

 

cas

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  • 6 months later...

Hi,

 

I have been paying MBNA £1 a month which they agreed to for the last 6 months.

 

Out of the blue I have received a Default notice for the two accounts in question, a letter from Restons offering a deal which I cannot do due to not working.

 

Now I have a County court claim form for both accounts! What should be my next step?

 

Neither account has been CCA'd or SAC'd.

 

If I do not defend what is the worst that can happen. I can only afford £1 a month, in fact, not even that.

 

Your help much appreciated.

 

Rgds,

 

Royalblue

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Hi Andy

 

This is one of the Default notices the other one is identical as far as the dates go.

 

What do MBNA hope to gain by going to court? As the court will tell me to pay what I can afford which is where we are now!

 

Cheers,

 

Royal.

 

http://i42.tinypic.com/15fg26x.jpg

Edited by royalblue1878
removal of DN will replace soon
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Hi, royalblue.

 

Do you want this thread moved to Legal Issues, you might get more help in there.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

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Thread moved.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Have you requested any statements on this account? To see if there are charges theyve added?

Also the agreement ( or contract as they put it) needs to be requested.

You'll likely need to send them a CPR 31.14 (if proceedings have started) or CPR31.16 before proceedings) request to get these documents.

You'll also need to acknowledge this claim online with Northampton.

If you dont have the documents you need to file a proper defence, then you'll file an embarrassed defence and seek an order that they disclose the docs you require.

Make sure all correspondence is done recorded delivery

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Hi Bazaar,

 

Thanks for your reply.

 

I have only just received the court claim forms does that mean proceedings have started?

 

Haven't requested any documents yet, should I request an SAR? and from who? Restons or Mbna?

 

Also looking at the dates of the default notice...do we only count working days as part of the 14 days? They look to me like they have given only 12 or at best 13.

 

Royal.

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Hi RoyalB SAR isnt going to be any use now, you have the CPR 31.14 which you can use to achieve the same result, you'll need to list everything you want to help file your defence. so do a little research before you defend, draft up your CPR request so people can help with it. Look for some threads with 42Man they are particularly good with docs.

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Hi,

 

I'll see if my good friend 42man can help ;)

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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OK can you post up exactly what it says in the Particulars Of The Claim please ? but don't be specific with the figures / account numbers.....the next stage is to acknowlegde receipt of the claim form within 14 days of the date on the claim, if you wish to defend ALL, then do this but it is too early to put in a defence, next step is to send off a CPR31.14 or CPR18 depending on the particulars of the claim....but I can give an opinion when you put those up....

 

In the mean time have a read of these - http://consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/120057-cabot-test-case-2.html#post2384353

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Hi 42man,

 

The particulars of claim are in post 5 of this thread (with figures removed) I have two claims from Restons and the particulars of claim are identical except for the figures and date account opened.

 

Account one is 15yrs old account two is 6 yrs old.

 

Thanks for your help

 

R.

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Hi Royal, It'll probably be CPR 31.14 you'd make the request on, give 42Man a little time to draft up something for you. Just to make sure you know what you are going to be doing you can google the CPR 31.14 and 18 look at the ministry of justice hits. If you dont understand anything, just holler

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Hi Royal

 

Yes it will be a CPR 31.14 letter you need to send. In the meantime, have you sent an acknowledgment of service back to the court in Northampton?

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