Mbna County Court Action

[paulbaxter009]

http://i778.photobucket.com/albums/yy68/paulbaxter009/img002.jpg

 

this is the link I think, hope it works, please ignore the previous one.

[paulbaxter009]

Hi alangee,

the default notice, if they sent one, is with our debt management company. I am going to get them to send me all the relevant paperwork.

[paulbaxter009]

Hi everyone, I had a thought about the cca request letter. Should it be sent to MBNA or to Optima Legal? As pf points out there is no account number on the forms sent from the court. Does this matter? I don't want to give optima any ammunition if I don't have to. Also I want the case moved to my local county court. Is this a possibility?

thanks

pb

Edited September 28, 2009 by paulbaxter009

[supasnooper]

Get the CCA request off to Optima ASAP.

 

Also, get a Subject access request off to MBNA ASAP.

 

I would include a specific request for the "Comms Log" or the Customer Information System" print out relating to the account account number.

 

Template letter here - The Consumer Forums - Debt collectors

 

 

Your case will be moved to a court nearer to you once your defence has been submitted.

 

Have you completed the Acknowledgment of Service ?

[paulbaxter009]

Hi supasnooper, I haven't filled in the acknowledgement of service yet as not sure what to put. If MBNA can't produce a valid agreement I would like to defend their claim. Not sure what to do.

[supasnooper]

If you don't defend the claim, then you wll get a CCJ awarded against your wife by default..........

[paulbaxter009]

thanks supasnooper, I sent off the two letters you suggested half an hour ago. I'll put down on the aos that I intend to defend the claim but not enter an actual defence at this stage. Is that right?

Edited September 28, 2009 by paulbaxter009

[pompeyfaith]

Paul,

 

I've just come on PC now to cast a eeye over the DN,AGREEMENT and TERMS AND CONDITIONS I cant find them im sure they where here last night ?

 

PF

[paulbaxter009]

Hi pf, any dn's are being sent to me by my debt management company and as soon as I get them I will scan them and post them on photobucket. The agreement and the terms and conditions are what I sent the two request letters for yesterday, one to mbna and one to optima as per supasnoopers advice.

REGARDS,PB

[paulbaxter009]

Hi everyone, I have scanned all the paperwork sent to me from my debt management company re my wife's court case.Here is the link:

 

Pictures by paulbaxter009 - Photobucket

 

I could still do with some advice on the acknowledgement of service form and what to say about our defence.

 

Regards PB

[the main man]

Hi

 

From the date of service of the claim form (i think this is usually taken as 5 days after the claim date on the form) you have 14 days to acknowledge service and 28 days to enter a defence,

 

For now all you have to do is Acknowledge service an state that you intend to defend the claim, your defence will have to be based on what information MBNA/Optima send you to back up their claim.

Edited October 2, 2009 by the main man

[paulbaxter009]

Thanks mm

[supasnooper]

Make sure you keep this letter safe - img011.jpg picture by paulbaxter009 - Photobucket

 

as it clearly states what MBNA do when they charge off accounts.

 

This letter will also help lots of other Caggers as MBNA do not normally send out this letter.

 

Unfortunately, I cannot see a copy of the Default Notice. What you are looking for is one like this - http://www.consumeractiongroup.co.uk/forum/show-post/post-1734964.html

[pompeyfaith]

Thats jolly good advice asking you to re-mortgage im sure the judge will not like that one bit.

 

As snoops says keep it safe and also use it in your defence.

 

PF

Edited October 19, 2009 by pompeyfaith

[the main man]

Talking of a defence and looking back through the thread would it not be wise for a CPR 31.14 request to be made?

[paulbaxter009]

Thanks for all the advice guys. When would it be appropriate to submit a cpr 31.14 request?

Regards

PB

[the main man]

I would say as soon as!!

 

Have a read here

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

[paulbaxter009]

Hi everyone, I filed the acknowledgement of service today online but realised I left out some information. Should I send the form as well or call the court to try to rectify the mistake?

Edited October 7, 2009 by paulbaxter009

[joemay]

Bump

[paulbaxter009]

what does bump mean?

[cirian75]

he put you back to the top of the page with that bump post.

[paulbaxter009]

Hi everyone, received a letter today from mbna sending back my original letter and postal order requesting my wife provide proof of identification before they will send out any info as asked for in the subject access letter I sent. They want proof of signature! e.g. copy of driving licence, passport etc.

[cirian75]

sounds to me like they are fishing for your signature.

[Sunshine54]

Hi Paul

MBNA did the same with me months ago when I sent a SAR

 

I wrote and told them that they were confident enough to send all other correspondence to this address but got nowhere with that.

 

I eventually followed advice from this forum and signed the letter but put a line through my signature so that they couldn't scan it and reapply it anywhere.

regards

[supasnooper]

Have a look at point 2 in the link below and use the info to write back to MBNA

 

ICO guidelines for handling SAR's