Howard Cohen/MBNA - old set aside case - new AQ arrived - help

[DonkeyB]

Can you explain again how your old address might have come to be the one listed when the ‘tick’ was actually entered?

[matt2002]

I have no idea! I certainly wouldn't have entered it as I wasn't living there at the time, that was a house I was renting, I moved out on 30th November as I picked up the keys to my new place the same day.

[DonkeyB]

Do you have a copy of any printout from the time you made the app?

[dx100uk]

could you have poss entered your old postcode

 

i remember the mbna sign-up site, it used to have just your name and a postcode box

then it auto filled the boxes and asked you to confirm

 

or was it p'haps done via one of these compare sites and your details were previously on the compare system?

 

dx

[matt2002]

I cant remember in all honesty, I don't have any printouts of the application. I know that I wouldn't have used a comparison site, and I wouldn't have used my old address as this means the card would have been delivered there - which obviously wouldn't be any good to me. The only time I would have entered that address was for the previous address information...

[matt2002]

Does it not matter that there is no Credit Limit on the agreement? it just says "we will write to you and tell you what your credit limit is" have searched around but found conflicting information...?

[matt2002]

Hi guys, any ideas?? I have now had an order from the court asking me to file a defence? Really could do with some guidance!

 

Thanks!!

[bazaar]

what is the deadline to file defence? Are you sure it is definitely from the court? IE, send to court or send to claimant?

[matt2002]

Hi Thanks for replying, the deadline is 7th december, it is definitely from the court, send to court. I am struggling with finances as it is and not sure what will happen if this goes the wrong way! Although I am sure everyone is struggling this time of year

[matt2002]

Anyone, I really need to compile a defence for this...

[matt2002]

Anybody??

[Dotty50]

I can't help with this sorry but will give the site team a nudge to see if they can find anyone to assist.

 

Just a thought with the old address on the document that they have produced. If at the time the application was made, you had been at your current address less that three years, you would have been prompted to input your previous address. MBNA have made a simple boob of putting the previous address on the recon, IMO

[citizenB]

Does it not matter that there is no Credit Limit on the agreement? it just says "we will write to you and tell you what your credit limit is" have searched around but found conflicting information...?

 

No, I dont think this will help any.

 

Can you put a draft defence together so people can advise you further ?

 

For sure I would have thought that the paperwork they have supplied is ok for the s78 request but not for court, as they will need to provide originals.

 

It looks as though they have made a mistake in putting an incorrect address on the document.. as you say, what would be the point of putting an address that you dont live at, else you wouldnt have received the card. I guess you could say something about that in the defence.

[bazaar]

Matt, as advised, you need to draft up your defence so all can help knock it into shape.

For a little guidance on the original agreement argument go to this thread Post number 2560.

Basa has condenced the argument, this may help, but make sure you understand the argument, if its relevant to your case, then its a start.

http://www.consumeractiongroup.co.uk/forum/showthread.php?173201-why-you-shouldnt-use-section-77-78-CCA-1974-if-you-want-the-signed-agreement/page128

[matt2002]

Thanks for coming back, is there a standard format for a defence, or is this just in the form of a letter to the judge - sorry if im being thick, previously when i have submitted a defence it has just been a case of filling in a form that the court sent to me - no form this time though...