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series3 v MBNA/Optima


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Hi..

Time for me to start my own thread.

 

RMA were sent a CCA request early November

they responded with "we are only acting for MBNA so you should send request to them" oh and "don't forget to send another £1."

Right or wrong I decided to ignore.

then Optima sent letter with threats of charging order.

again ignored as no CCA.

I got a DN from MBNA,Dated 15/12/09 pay £XXX by Jan 2nd

then early Jan another Letter from Optima again with threats.

Then I got the Court papers from Optima via Northampton. Issue date 22/01/2010

 

The CC was taken out around 1999 ish..

 

I know I need to get something back to the court.

I will upload scans of the DN and PoC from Optima.

 

I have been on here a while and although I spent 16 hours or so on here

reading yesterday alone I'm still not confident to go it alone...

Any help or advice you can give would be very welcomed.

 

I'll go find somewhere to upload to.

 

 

default notice

th_60609_mbna_dn_1_122_45  6lo.JPG

 

 

 

 

court claim

 

th_66813_POC_claim_122_246lo.JPG

 

Edited by Andyorch
removal of some info.....my bad removed personal Info Andy Orch Site Team

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Bloomin' heck....

 

I was worried for a minute there........a MBNA Default Notice that had given 18 days from the date of the notice.

Sadly for MBNA, they have only allowed you 12 days to rectify the notice.

 

Have look at this post which explains most of what you need to know about Default Notices and the required period allowed to rectify - http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

 

I do trust that you have completed the Acknowledgment of Service; you willl also need to defend all the claim as well.

Please follow the timescales below that you must adhere to -

 

How long do I have to file a response to my claim?

 

Counting from the date of issue -

Acknowledgement of Service:

5 Days (service) + 14 Days = 19 Days. (An Acknowledgement of Service gives 14 days extra from the date of service to file a defencelink8.giflink8.gif).

 

Defence, after filing Acknowledgement of Service:

5 + 14 + 14 = 33 Days in total.

 

 

 

I'd advise that you take a look at this link here as well - Legal Action: how to start off. IMPORTANT IF YOURE BEING SUED and follow the directions that pt2537 lays out if Optima do not comply with your 31.14 request.

 

You would also be do well to get a Subject access requestlink8.gif off to MBNA at Chester as well, including a specific request for the Customer Information Systems log or "Comms Log" .

This will cost £10.00 (use a postal order) and send by at least Recorded Delivery and they must respond within 40 days from receiving it.

 

A copy of a Subject Access Requestlink8.gif letter can be found here -

 

http://www.consumeractiongroup.co.uk...t-2385299.html

 

and amend it to suit including the Comms Log request.:-)

 

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thanks Snooper

 

I haven't done anything yet.

I will read the links you have provided, (i think I have read them before) to refresh.

I can do the court Acknowledgment of Service on line ( I think.)

 

 

Oh, I read the default notice link.

..I can't find anything in the thread

about counting days. i.e. "days after service"

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thanks Snooper

 

I haven't done anything yet.

I will read the links you have provided, (i think I have read them before) to refresh.

I can do the court Acknowledgment of Service on line ( I think.)

 

Yes you can.....all the stuff should have been enclosed with the claim...password etc...

I'd get that done ASAP if I was you.

 

 

Oh, I read the default notice link.

I still get it to 15 days...I can't find anything in the thread

about counting days. i.e. "days after service"

 

MBNA, bless their little cottons, still insist sending out their Default Notices by UKMail, which is deemed a Second Class postal service. Take a look at UKmails website for how they describe their service.

 

 

Hope my comments help.

 

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I think it was ?? class with the frank mark

 

here is the envelope.

they might have changed their postman.

 

any thoughts anyone?

Edited by Series3
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Hi S3

 

allow 2 days for you to recieve it

allow 14 days for you to act

allow 3 days bank holidays

hope that helps

gill5blue

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It all helps. thanks for that.

So bank holidays are not counted?.

I was thinking they wouldn't be able to get hold of my CCA.

The way everything has happened fast it looks like we'll have to wait and see what they come up with.

I still have to tick the boxes on the court papers and send it back.

It looks pretty straight forward.

Is there a set routine for them if you plan on defending all?

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Apologies for jumping in on this thread but does anybody remember who posted their letter from MBNA explaining the interpretation of Charge-off?

 

Thanks

 

Gez

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thanks for that.

I still want to defend as when I requested my CCA things were moved along quickly.

So, I send the court the paperwork back and ask Optima for all the docs they will be using?

Do you also think that an SAR to MBNA is worthwhile now? If I have to give 40 days I will not get anything back for court, would I?

Should I send the court stuff ASAP as tomorrow?

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court date will be a long way off the SAR is important.

sign it and send recorded delivery

 

get a 31.14 off for any docs mentioned in the POC and a CPR18 for any that are not but which you need to use in your defence

 

 

acknowledge the claim on the last possible day

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I'll get the SAR off today..

is there a 31.14 template or should I adjust one of the others on here?

thanks for your help. just lacking a little confidence here...

soon be feeling angry again...

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I have used the letter snooper gave me...

Is there an address for this or use the chester one?

 

Is the "coms log" covered in that letter?

sorry for being thick.

Edited by Series3

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I'll get the SAR off today..

is there a 31.14 template or should I adjust one of the others on here?

thanks for your help. just lacking a little confidence here...

soon be feeling angry again...

 

there's plenty of "templates" but bear in mind that you can ONLY ask for documents mentioned or referred to in the particulars of claim

so you might have to "tweak it"

 

for any documents NOT mentioned in the POC you do a separate CPR18 request.

 

some creditors do not mention for instance the default notice in the particulars of claim so you would need to ask for that under CPR18

 

you give them 7 days. if they dont respond then put the embarrassed defence in

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DD, thanks for that

all your help is very much welcomed..

 

thanks

 

This is for Optima, just asking if this is ok..

 

On 26/01/2010 I received the Claim Form in this case issued by you out of the Northampton CCBC county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 The default notice

3 Any other documents mentioned in the Particulars of Claim

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully

Edited by Series3

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this one for MBNA

 

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the above account number.

 

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, all records you hold on me relevant to these accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the accounts.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the original consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

 

14. If it is contended you do not hold such data before such a date, please confirm this by providing the Certificate of Destruction.

 

15. Communications Log ( or Customer Information System printout ).

16. Any Other information relating to these accounts

 

I enclose the statutory maximum fee of £10 by postal order. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act Subject access fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable for the previous XX years.

Furthermore, such a request for specific information to confirm my identity will not deviate or inhibit the 40 days time limit allowed for compliance with my Subject access request.

 

 

Please note - If I do not receive all the data I have requested within the timescale specified above,

I shall seek a Court order obliging you to do so, together with damages at the discretion of the Court and without any further notice.

 

 

Finally, I would appreciate your Company's due diligence in this matter and look forward to receiving the documentation requested.

 

 

 

Yours Faithfully,

 

 

 

 

 

I know you guys are busy but could you just let me know if these are good to go..

thanks

series3

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Post 15 is okay.

 

Post 16 - I'd add a specific request for the MBNA Communication Log ( or MBNA Customer Information System printout.

 

Here's why as MBNA can be creative - http://www.consumeractiongroup.co.uk/forum/show-post/post-2205472.html

 

 

I'd also take a look at the excellent advice offered by pt2537 in this thread - http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

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Post 16 - Altered in red...

 

like that?

sorry to be a pain, I'm a little confused and the more I read the more confused I get..

I'm sure it will all click into place at once soon.

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You are probably suffering from info overload and a steep learning curve.

 

The addition I suggested is not applicable to some creditors, which is why it does not appear on the suggested letter. :)

 

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? anyone

I would like to print and post these firs thing in the morning..

snooper was telling me to add something in so I did, it's in red.

 

 

cheers

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I'd do the Acknowledgment of Service now.......then you know it's done.

 

I'd also make a note of the date on your calendar and your diary when your defence must be submitted by.

  • Haha 1

 

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