MBNA CCA Enforceable ?

[techie09]

Hi

 

Looking for a bit of advice after receiving a nasty legal letter from MBNA's solicitors.

 

The story is that i have not been able to pay the minimum payments on the MBNA card due to a large reduction in income.I wrote to them explaining this and offered a token payment of £10 and to freeze interest and charges,but they have continued to charge interest and ignored my requests, i did receive a few calls and informed them to make contact only by letter, but the person the other end said "we only use the telephone, as we are a telephone banking company"

 

I then decided to request my CCA which they sent in the 12+2 time period, first question, is it enforceable? It came as two parts as link below:

 

http://i984.photobucket.com/albums/ae325/techie09/MBNA/CCA.jpg

 

http://i984.photobucket.com/albums/ae325/techie09/MBNA/CCA_2.jpg

 

 

the column on the left appears to be T&C and my signature all on same page, but T&C are basically illegible and a second copy of T&C, 4 pages in all.

 

About a week later i get this letter from Otima Legal taklking about a charge order on me and my wife’s property, this distressed my wife, the back of letter has a Income asset & expenditure form to fill out and return, second question is can they contact solicitors to issue a charging order without first issuing a default notice requesting the full balance?

 

http://i984.photobucket.com/albums/ae325/techie09/MBNA/optima_ChargingOrder.jpg

 

Any help on this one much appreciated,as getting rather worrying

[MandM]

Hi

 

Looking for a bit of advice after receiving a nasty legal letter from MBNA's solicitors.

 

The story is that i have not been able to pay the minimum payments on the MBNA card due to a large reduction in income.I wrote to them explaining this and offered a token payment of £10 and to freeze interest and charges,but they have continued to charge interest and ignored my requests, i did receive a few calls and informed them to make contact only by letter, but the person the other end said "we only use the telephone, as we are a telephone banking company"

 

I then decided to request my CCA which they sent in the 12+2 time period, first question, is it enforceable? It came as two parts as link below:

 

http://i984.photobucket.com/albums/ae325/techie09/MBNA/CCA.jpg

 

http://i984.photobucket.com/albums/ae325/techie09/MBNA/CCA_2.jpg

 

 

the column on the left appears to be T&C and my signature all on same page, but T&C are basically illegible and a second copy of T&C, 4 pages in all.

 

About a week later i get this letter from Otima Legal taklking about a charge order on me and my wife’s property, this distressed my wife, the back of letter has a Income asset & expenditure form to fill out and return, second question is can they contact solicitors to issue a charging order without first issuing a default notice requesting the full balance? no. only a court can do that and thats a loooooong way off. And extremely unlikely!!!!

 

http://i984.photobucket.com/albums/ae325/techie09/MBNA/optima_ChargingOrder.jpg

 

Any help on this one much appreciated,as getting rather worrying

 

MBNA have a lot of hot air. Have a read around the threads and you'll see what I mean. Note the wording, "May". Says it all really.

 

Do you have a DN and anything else relevant that you can post up. Let's have some fun with them. You have nothing to fear at this stage.

 

M

[Mikey_London]

I agree lots of 'may' and hot air but a nasty company too.

 

My understanding is that they cannot begin recovery through court without having first issued a default notice.

 

They may then proceed through court to obtain a County Court Judgement against you. As part of the the judge will consider how the money can be repaid. The judge will not force you to pay more than you can afford and that 'should' be the regular payment you are already making.

 

Things can get difficult if you fail to make a payment agreed by the court following a CCJ. The creditor can then apply to take other steps including bailiffs, attachment of earnings and/or charging order.

 

I may not be precise in my explanation but the key is that MBNA cannot do anything without permission of the court. And the real problems can start if you miss a payment ordered by the court but you can hopefully trust that the judge has been fair and only asked for what is affordable.

 

MBNA write in a way which ignores the due process of the court and try to give the impression all they have to do is ring up the court and it will do what they want with you having no rights at all. MBNA have a very poor reputation and my experience with them supports that.

[techie09]

Thanks for the advice, i will look through letters sent and look to see anything that looks like a DN and post it up.

 

What about the CCA, does it look solid ! i have CCA barclaycard and no sign of original so hopefully should have no problems with them,was quite surprised when MBNA produced this one

 

Should i respond to optima legal letter and if so is there a template letter that would help.