Jump to content


MBNA county court Summons " Help Please


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3753 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have been issued a county court summons from Northhampton Court with regards to a debt i owe MBNA.

 

I spilit up with my partner back last year because of domestic violence and have since been struggling on my own to keep up with the mortgage payments as he has not been contributing since May 2009. I have a few debts and have tried my upmost to pay them all a payment of which i can afford.

 

I wrote to all my creditors back last November explaining my financial situation asking them to freeze the interest until i sorted myself out and a few of them have been least co operative to say the least.

 

MBNA just wenT ahead and applied for this summons even though i made a payment of £60 and £25 in the last 5 months.

 

Can i defend my case, and if so how?

:dizzy: "Dizzie Diva" ;)

 

<<<<<<<<<<please tip my star if my support or advise was useful?

Link to post
Share on other sites

  • Replies 1.5k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

My deadlines very soon, i have telephoned citizens advice and have had no reply today, therefore i am a little stressed at the moment.

:dizzy: "Dizzie Diva" ;)

 

<<<<<<<<<<please tip my star if my support or advise was useful?

Link to post
Share on other sites

Hi DizzieDiva2010 How old is the debt & what amount roughly is it?

 

Heres some advice I got from my early days that the caggers helped me with on my thread ......

 

You have to acknowledge the claim form within 14 days on the date of the claim form, then you get a further 14+3 days in which to submit the defence....have you sent a CPR request?

 

Have a read here - Claim form Received today and also this one - Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage

CAG NEEDS FUNDS PLEASE DONATE AS MUCH OR AS LITTLE WHERE POSSIBLE

http://www.consumeractiongroup.co.uk/paypal.php?go=donate

Link to post
Share on other sites

Thank you for your responce. This is a very distressing time for me at the moment.

 

I completed the acknowledgment of service form earlier. I intend to defend part of my claim. Im not sure if i should have choose that option having not been given any advice ???

 

I have been left with a few debts so this is all getting on top of me and im finding it difficult to keep on top of by myself.

 

What next??

:dizzy: "Dizzie Diva" ;)

 

<<<<<<<<<<please tip my star if my support or advise was useful?

Link to post
Share on other sites

I have been browsing this site all evening and I have read about the CPR 31.14 not understanding right now, as my head is full of various information and not knowing what direction to take.

:dizzy: "Dizzie Diva" ;)

 

<<<<<<<<<<please tip my star if my support or advise was useful?

Link to post
Share on other sites

Dizzie, you haven't said how old the debt is and what it is, is it a credit card? The reason you have been given the link is to find out if MBNA have an agreement which they are able to enforce. Often with MBNA if its an older agreement they haven't got the correct paperwork so they cannot make you pay anything. Its a horrible situation you find yourself in and I expect you feel you can't trust anyone, but now you have found your way here you will get help and support. Have a look at the legal issues and the legal successes forum to see how people can and are dealing with this.

Link to post
Share on other sites

Hi.

 

Without the agreement i believe it was 2000 or maybe before. The card I had with MBNA was a platinum card with an interest rate of 2.5292% on card purchases, cheques/money transfers, default sums, balance tranfers and cash. My credit limit was £3000. £1.00 interest was being charged from January 2009 til June of which I had no income to pay them and the direct debit i had set up with them was not clearing. Therefore i had no other option but to cancel my the direct debit due to bank charges.

 

I have since made payments as follows;

 

July Missed had no money

August Missed had no money

September payed £50 Money I borrowed

October payed £60 I made a claim for Job Seekers Allowance

November Waiting for my claim to be finalised

December Owed all my money out and missed payment

 

I wrote to them November 2009 and kept a copy of the letters informing them of my financial hardship along with a copy of my income and expenditure. They telephoned to tell me that they would not accept my offer of £5 per month and that the least they would accept was £25, but i had to again give them a copy of my income and expenditure. I asked them if i could email it to them, of which i did the 18th February 2010. I had no reply, therfore emailed them again with the same email the 17th March to recieve a responce saying that my account had been passed to Reston Solicitors.

 

I recieved a default notice in March saying in order to remedy this breach they had to recieve a payment of £479.17 by the 25th March 2010. But according to the latest email from them they had already passed my account on to Reston Solicitors!

 

I dont feel that my case has been treated fairly??

 

Opinions please.

Edited by cerberusalert

:dizzy: "Dizzie Diva" ;)

 

<<<<<<<<<<please tip my star if my support or advise was useful?

Link to post
Share on other sites

Dizzie,

 

Can you post up the DN on here to check that it is correct as MBNA usually get it wrong. Did you by any chance keep the envelope it came in, could be useful, was it sent 1st or 2nd class

 

You need to read up on MBNA here to see how they work, I cannot help with court issues as I do not have any experience but many here will assist.

Link to post
Share on other sites

No i never kept the envelope, never crossed my mind, however i will try and post up the default notice.

 

Any advice on how to do this please?

 

I have been issued a summons is it too late to ask for the agreement and who do i ask it from, MBNA or Reston Solicitors who are acting for them now??

Edited by DizzieDiva2010
additional info

:dizzy: "Dizzie Diva" ;)

 

<<<<<<<<<<please tip my star if my support or advise was useful?

Link to post
Share on other sites

I use a scanner myself but there are other methods but I am not familiar with, make sure you cover any personal details and bar codes.

 

As I said, I do not have much knowledge of court summons apart from what I have read on here but think your option is to request a copy from Restons using CPR 31.14

Link to post
Share on other sites

No, its not too late, follow post 6 and send it to Restons. Don't worry about the default notice envelope, its nice to have it but its not critical. I didn't have it my case and I still beat them. Use one of the free image hosting sites such as photobucket or I believe its called imageshack. You can edit out the identifying details in there and post it up for peeps to see, even a technophobe like me can use it.

Link to post
Share on other sites

Dotty im finding it difficult to send the document enlarged without being blurry. Can i email it to you or not?

 

I havn't got access to a scanner!!!!

 

Grrr

:dizzy: "Dizzie Diva" ;)

 

<<<<<<<<<<please tip my star if my support or advise was useful?

Link to post
Share on other sites

Oops sorry if the link did not work above for you :roll:...try again :)

http://www.consumeractiongroup.co.uk/forum/legal-issues/185051-claim-form-received-today.html

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

 

Glad you have some advice onboard now, where we can help we certainly will try for you.....

CAG NEEDS FUNDS PLEASE DONATE AS MUCH OR AS LITTLE WHERE POSSIBLE

http://www.consumeractiongroup.co.uk/paypal.php?go=donate

Link to post
Share on other sites

Dotty im finding it difficult to send the document enlarged without being blurry. Can i email it to you or not?

 

I havn't got access to a scanner!!!!

 

Grrr

 

Hi Dizzie,

I don't think you can send attachments via a PM (private message) but if you still have problems, let me know and I will send you my email address.

 

Although if you haven't got a scanner, how can you do this??

Edited by Dotty50
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...