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    • see***   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all leave jurisdiction unticked -  *** for the minute hang fire on doing AOS on MCOL until andyorch advises if/if not you question jurisdiction please   you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. ..  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/   CHANGE the list of documents too: Original signed finance agreement together with the terms and conditions IN ENGLISH Any notice of change in account terms and conditions that were ever issued since credit approval Any notice of default or UAE equivalent that was issued by the original creditor All and every statement of the account including how any interest has been calculated. Proof that UAE Court Judgement has already been gained upon said debt. Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and /or issue court proceedings concerning a UAE debt. The UAE is not a 'member state' . . . type your name ONLY*** no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]      
    • thanks. but, where shall i get a copy of this agreement/ guarantee. who shall i contact the claimant.
    • yes, sorry meant witness statement   will post up soon
    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - AOS  XX + 19 = 08 Dec file defence date  - 08 Dec + 14 days = 20 Dec 19      Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK.   Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum.   I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford.   In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment.   So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment?Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
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Help - MBNA Visa Taking Enforcement Action

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Try again for last time: -

 

MBNAMCdLowellsclosedfile.jpg">MBNAMCdLowellsclosedfile.jpg

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Hi again,

It's been a while but I now have a company called H L Legal (Solicitors) threatening further action on behalf of Experto Credite ( Varde Investments (Ireland) Ltd' agent)

I realise that I missed the boat in writing to and involving the Financial Ombudsman - does that make any real difference to my claim that MBNA have not followed correct procedures.

I am planning to write to H L Legal to refute Experto's right to collect on behalf of Varde due to the incorrectly served DN and passing the debt off.

Any help or comments will be gratefully appreciated.

Which or what letter would I be best using?

Two letters below for clarity of HL: -

http://i931.photobucket.com/albums/ad156/Pushonup/MBNA%20Visa/MBNAVisaHLLegalThreat128032011.jpg"]a>

 

and more recently: -

MBNAVisaHLLegalThreat215042011.jpg

 

This may be useful to others experiencing this pressure.

Yours

Pushy

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MBNAVisaHLLegalThreat128032011.jpg

Try again after new upload.

Thanks

Pushy

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Hi Everyone,

Just to quickly update this thread: -

In the end as we have a number of credit cards we decided to stop paying them all (including my other half's) and put all through a Debt Management Plan. Saved me loads of time and angst as they now handle all correspondence for all our debts leaving me free to concentrate on earning money to pay it all off sometime in the future.

I wish all on here successful claiming, as I'm sure there are ways forward for all depending on individual circumstances.

Best Wishes and thanks for all your comments, help and replies.

I learnt loads and can now also help other people in similar circumstances whenever possible.

Yours

Pushy

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Hi Everyone,

Just to quickly update this thread: -

In the end as we have a number of credit cards we decided to stop paying them all (including my other half's) and put all through a Debt Management Plan. Saved me loads of time and angst as they now handle all correspondence for all our debts leaving me free to concentrate on earning money to pay it all off sometime in the future.

I wish all on here successful claiming, as I'm sure there are ways forward for all depending on individual circumstances.

Best Wishes and thanks for all your comments, help and replies.

I learnt loads and can now also help other people in similar circumstances whenever possible.

Yours

Pushy

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Glad you are sorted Pushy. To people thinking of setting up a DMP. please be aware that you will still receive written correspondence from your creditors. Whilst you should forward it onto your plan manager, it doens't mean you wil have a completely stress free life! Also you have to redo your I&E every 6 months with your plan manager. And finally whilst they will negotiate 0% interest there is no guarantee that your creditors will agree to this; so it can be disheartening initially to see your debts not decreasing or worse still increasing (Halifax are the worst for this IMHO). After 6 months to 2 years your creditors will sell your debts off. When this happens things actually do become easier as the purchaser 'buys' your arrangement to pay plan and you can then start to see the wood for the trees. It is actually easier to deal with DCAs than the original lender in some cases. Also note you can claim back mis sold ppi and charges even whilst in a payment plan. If you have the time/not too many creditors then it is perfectly feasible to manage the plan yourself. Just be meticulous with your filing and correspondence as you will need to resubmit your proposal every 5 months or so in line with their 6 month 'review'. And finally, after you ahve been with a paid management plan (if you do this) renegotiate the amount you pay your plan managers so you can increase the amount paid to your creditors!


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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Hi Everyone,

Just to quickly update this thread: -

In the end as we have a number of credit cards we decided to stop paying them all (including my other half's) and put all through a Debt Management Plan. Saved me loads of time and angst as they now handle all correspondence for all our debts leaving me free to concentrate on earning money to pay it all off sometime in the future.

I wish all on here successful claiming, as I'm sure there are ways forward for all depending on individual circumstances.

Best Wishes and thanks for all your comments, help and replies.

I learnt loads and can now also help other people in similar circumstances whenever possible.

Yours

Pushy

 

Did you actually include the MBNA card where you got the Lowells letter clearly stating your account was closed due to no CCA in your DMP?

I'm interested as I've also got an MBNA card with no CCA but as far as I know it's never been sold! Last communication was a year ago...

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