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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
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MBNA/Restons Claimforms - 2 MBNA Cards **DISCONTINUED***


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  • 2 weeks later...

Hi Royal

I received a DN dated 7th September (as did many other Caggers) sent 2nd Class, asking for default to be remedied by 24th September, asking for the full amount not the arrears and with a different account number. I believe that the account number is changed when it's sold.

 

I had received a similar letter to the one posted about about charging off and selling the debt but that was back in July (or maybe earlier)

 

I checked with MBNA (phone call - wrong I know but very quick) and the debt was sold on the 16th September according to their system.

 

In the interim weeks I've had two letters, two phones calls and one text messge from Experto which have all been ignored.

 

I'm wondering whether to write to them or not. I'll keep wondering for a while.

good luck

S

Edited by Sunshine54
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If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

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Hi Sunshine,

snap on the dates exactly the same as you. I've had a few missed calls and a text message. Still no reply to my letter. Maybe its the typing monkeys month off. I'm expecting a threatogram soon.

 

My comms log is hilarious (in a slapstick way) it clearly states date of DN exactly the same as yours. It then details sent date 2 days latter (oops MBN@) The log even mentions the dates on the DN start and expiry yet they still managed to sell it on exactly the same day as yours.

 

No Christmas party for Exspurto I feel, I certainly hope they kept the receipts.

 

 

 

Pumpytums

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It's bizarre stuff from Mbna, maybe we have an undercover Cagger working there!

 

I forget sometimes that for everyone here getting help and advice there are thousands who don't, and that's who they take advantage of.

 

Royal.

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Just a quick one, does anyone know how long it takes before the next stage roughly? (whatever the next stage is!)

 

The AQ was due in on the 23rd Nov.

 

Cheers.

 

Depends on how busy the court is and what the judge decides after looking at the AQ's. Various next steps open to the court... judges disclosure directions / prelim hearing / allocation hearing / actual hearing. Dates of hearings would depend on court time estimated on the AQ's and the next available slot at the court.

 

S.

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Hi Royalblue1878,

they can but I believe that by doing so they have terminated there own agreement. A debt can only be sold once the account is terminated. And of course you won't be signing a new one will you. Has the default notice expired? If not do not post it.

 

A great deal of people have had exactly the same series of events in the last few months.

 

Make sure you keep the envelopes, could possible be the most piece of information that you may require. Your credit file may also yield some interesting info.

 

Have you SAR'ed them yet?

 

Pumpytums

 

Ive had a similar problem. I CCa`d MBNA back in November last year - no reply except a badly jigged application form 5 months later.

 

In all Ive sent MBNA a dozen letters asking for the agreement to no avail and now I get a letter from Experto Credite asking me to contact them to arrange payment. I wrote back to Experto telling them I had never heard of them and received a letter from MBNA dated AFTER I sent this letter telling me that I had to deal exclusively with Experto from now on.

 

So no default letter, nothing , am I right in assuming that MBNA have closed their own account ?? What do I do now ??

 

BTW Can anyone tell me how to start a new thread ??

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MikeandLisa,

 

Have you sent a SAR to MBNA with the £10 postal order? If not try that.

 

To start a new thread go back to the MBNA section via the link below and towards the top of the page on the left, just below the MBNA sucesses bit you will find a new thread button.

MBNA - The Consumer Forums

 

Put as much information on the thread as possible without giving away account numbers and any other personal info and someone will be along to help.

 

Good luck,

 

Royal.

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Thanks Royal

 

Yes I SAR`d them 6 weeks ago and they responded by selling the account to Experto Credite (!!)

 

I have taken on a company called Monster Claims who are looking at this for me and Im wondering if MBNA sold the account simply because they didnt fancy getting to grips with a company rather than an individual ???

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Hello,

 

Heard from the court yesterday and both cases have been stayed to enable parties to attempt settlement.

 

In the letter which is an N24 it does not say anything about what happens when an agreement cannot be reached, the only options available appear to be:

 

1. whole claim settled

2. request an extension or

3. file a completed AQ at the court where a settlement of some of the issues has been reached.

 

What would happen if no one can agree anything?

 

Now, who usually makes the first move? I cannot offer them anything I have not offered before, so do I just wait to hear from Restons?

 

Thanks in advance,

 

Royalblue

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Hmmm, I dont know the procedure for this RB. Was this stayed by the court or did the opposition perhaps suggest they would be open to negotiating/mediation ?

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Hello,

 

Heard from the court yesterday and both cases have been stayed to enable parties to attempt settlement.

 

In the letter which is an N24 it does not say anything about what happens when an agreement cannot be reached, the only options available appear to be:

 

1. whole claim settled

2. request an extension or

3. file a completed AQ at the court where a settlement of some of the issues has been reached.

 

What would happen if no one can agree anything?

 

Now, who usually makes the first move? I cannot offer them anything I have not offered before, so do I just wait to hear from Restons?

 

Thanks in advance,

 

Royalblue

 

I have to agree with the citizen here. This does not make any sense whatsoever. Just exactly what are you supposed to be negotiating a settlement on? They have not sent you the documents to prove their case so at this stage there is nothing to settle to my mind.

 

First check with the court that this is real and find out exactly what is going on. How can you negotiate when you do not have the documents? Why has there not been a hearing date set.

 

I could be wrong but I smell a rat!

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Hi Citizen, hungrybear;-)

 

When I filled out the AQ the first question was about settlement and do you wish to attempt to settle the claim informally. I ticked yes so that I would not appear to be unwilling to be reasonable. (I read on another thread that this was a good idea and I thought the same.)

 

I think what has happened is that Restons have also agreed to cause a delay so that Mbna have more time to find the alledged missing agreements.

 

I shall call the court later to see if anyone there can say what usually happens now.

 

The N24 is a strange letter as it does not say what happens if there is no settlement. It just says:

 

on or before Jan -- 2010 one of the following steps must be taken:

 

EITHER

The claimant must notify the court that the whole of the claim has been settled.

OR

The claimant or defendent must write to the court requesting an extension to the stay, with agreement fromn the other side.

OR

All parties must file a completed AQ at the court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed AQ

 

Now having just typed all that it has dawned on me what to do if there is no settlement, fill out another AQ!

 

I was reading the last 'OR' as if there was no full stop after 'court'.:rolleyes:

 

I'll still call the court to ask who should approach who. Unless anyone has an idea?

 

 

Royal.

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I think you need to say to the court that you offer of negotiation was based on the assumption that there was merit to the claim, since you did not think that such as (cough) reputible sols would bring unfounded action. To date you find the case totally without merit and that unless and until they provide the documents listed in their claim under your cpr request there is nothing to negotiate. And what should you do.

 

It's not a situation I've come across before but it sounds like you are on the verge of admission if your are not careful about your next step.

 

I would contact the court and see what they say

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Just spoke to the court, they say if they don't hear from the claimant by the end of the stay, they will either strike out the claim or set a date for the hearing. (the more likely being the former)

 

She also said it's up to them to make the next move.

 

Further to my previous post re the N24 and the third option about the 2nd AQ, I now think this is only if part of the claim is settled meaning that I was correct in the first place.

 

My course of action now is to sit tight and wait for the claimants to decide wether they wish to waste more time and money!

 

Any thoughts?

 

Royalblue.

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Hi Citizen, hungrybear;-)

 

When I filled out the AQ the first question was about settlement and do you wish to attempt to settle the claim informally. I ticked yes so that I would not appear to be unwilling to be reasonable. (I read on another thread that this was a good idea and I thought the same.)

 

I think what has happened is that Restons have also agreed to cause a delay so that Mbna have more time to find the alledged missing agreements.

 

I shall call the court later to see if anyone there can say what usually happens now.

 

The N24 is a strange letter as it does not say what happens if there is no settlement. It just says:

 

on or before Jan -- 2010 one of the following steps must be taken:

 

EITHER

The claimant must notify the court that the whole of the claim has been settled.

OR

The claimant or defendent must write to the court requesting an extension to the stay, with agreement fromn the other side.

OR

All parties must file a completed AQ at the court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed AQ

 

Now having just typed all that it has dawned on me what to do if there is no settlement, fill out another AQ!

 

I was reading the last 'OR' as if there was no full stop after 'court'.:rolleyes:

 

I'll still call the court to ask who should approach who. Unless anyone has an idea?

 

 

Royal.

 

I think you need to say to the court that you offer of negotiation was based on the assumption that there was merit to the claim, since you did not think that such as (cough) reputible sols would bring unfounded action. To date you find the case totally without merit and that unless and until they provide the documents listed in their claim under your cpr request there is nothing to negotiate. And what should you do.

 

It's not a situation I've come across before but it sounds like you are on the verge of admission if your are not careful about your next step.

 

I would contact the court and see what they say

 

Aha, this all falls into place now. Yep, you did right by ticking yes on the AQ, and I agree with hungrybear that Restons have played the same card. But I suspect that their game plan is they were hoping for some favourable outcome from the test cases that are being heard at the moment.

 

If there are no documents available to you, then how the hell are you supposed to know if there is any liability owed by you in the first place.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/236641-oft-lenders-must-not.html

 

It doesnt look as though they are goiing to get their wish though. Yes, sit tight and wait for them to make the first move. :)

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4: Staying Calm About Debt  Read Here

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Lol, fair point but it is a life sentence!

:D and there's you taking advice off a red

 

(but jokes aside lets stick to the topic or the cagbot will have us - nice that you put the year of your last league win in your name though:eek:).

 

Seriously though mate, any time - just ask we're one family on here- red, blue, green or white - one for all and sod the dca.

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  • dx100uk changed the title to MBNA/Restons Claimforms - 2 MBNA Cards **DISCONTINUED***
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