CCJ - defence due - please help!

[foolishgirl]

Interesting that> MBNA has stapled 3 pages of T&Cs to my application forms!!

 

Sounds par for the course & I suppose they are claiming that they were part of the original agreement too?!

[Chipmeister]

Sounds par for the course & I suppose they are claiming that they were part of the original agreement too?!

 

They haven't actually claimed anything but I'm guessing that by stapling the t&cs to the agreement that is what they are trying to suggest! I have my own answer for this anyway for when I have to do my witness statement but will keep that quiet for now in case anyone may be browsing the thread...

[RobinWayRobinme]

Important thing is also what they have said in there letter as if you eventually disclose the enclosures, you would also need to disclose the letter from MBNA. If from the content of original executed agreement and t&c's you can show that they are not linked, good result.

R

[Chipmeister]

Evening all,

 

Can Optima move to summary judgement without moving the case to a court nearer to me?

[emandcole]

Optima do like the SJ application as it helps them to avoid some difficult and more in depth questionning. I believe even if they tried to have it moved near them the court would make sure it stayed near you, however if that wasn't the case I think you could request it to be closer to you anyway. If in doubt give the court a ring.

[Chipmeister]

Hiya,

 

Well, no surprise - Optima have come back and basically listed the points in my letter then pretty much ignored them all, trying to hide behind the CCA and even having the nerve to send me copies of the Brandon and Carey judgements (proving they didn't actually read my letter that thoroughly!)

 

I can't post the letter onto my thread til Tuesday as I don't have access to a scanner until then, but Optima have basically given me til Wednesday 27 October to withdraw my defence or they will proceed to summary judgement.

 

I thought it had to be allocated to my local court before they could consider SJ but I'll call the court Monday and see what's what - ut's all still in Northampton at the mo which is nowhere near me!!

[Chipmeister]

I've just noticed something vital in their response to defence which I don't want to reveal here but I can't seem to pm you emandcole...

[Chipmeister]

This may sound like a silly question but I need some clarification please.

 

When a default notice is sent out, is the account default date the date of the default notice or the date you are given to remedy the breach?

[gh2008]

Technically it is in default the day you miss a payment .... i.e. being 'in default' is = being in breach of contract

 

However if you are talking about reporting to CRAs etc then the creditors would have MASSIVE problems, if you complied with the default notice, of 'pretending it didn't happen' which is what is supposed to happen.

 

IMHO they should not report until past the remedy date, but the default date could be any date from the missed payment onwards

 

jmho

[Chipmeister]

Thanks GH, understood.

 

It's just there seems to be confusion between Optima, their client and myself as to the default date. MBNA told me one date was the date the account was terminated (which was the date the CRAs were advised), the default notice was dated a few days after the date MBNA told me the account was terminated and Optima seem to think the date of default was the date of the default notice!

 

Any thoughts please?

 

PS - hello guest viewer on this thread!!

[Chipmeister]

Dear all,

 

Here are my responses from Optima. I'd be grateful if CAGgers could review them and provide any comments.

 

All the best,

CM

Letter 13Oct10.pdf

Reply 13Oct10.pdf

[MandM]

Interesting! So looking at point (20) in their response Optima are confirming that the agreements were terminated on 9th April even though in point (3) they state that the DNs never expired until 26th April.

 

Even if the remedy time on the DNs was sufficient, how can you remedy that which is already terminated

 

Or am I missing something here?

 

M

[Chipmeister]

Even if the remedy time on the DNs was sufficient, how can you remedy that which is already terminated

 

Or am I missing something here?

 

M

 

Well, that's what I was thinking - am I missing something????!!! The fact that you have raised one of the very points that struck me relieves me greatly!

[MandM]

Well, that's what I was thinking - am I missing something????!!! The fact that you have raised one of the very points that struck me relieves me greatly!

 

Their reference to Brandon makes it even funnier! lol.

 

M

[gh2008]

Instructions for pursuing Chipmeister:

 

Step 1. Place foot firmly on floor

Step 2. Read Brandon and whoop for joy

Step 3. Load gun ready to fire off @ debtor in Court

Step 4. Write a reply to debtor

Step 5. relax arm with gun with smug grin on face

Step 6. realise quite what you have just written

Step 7. release trigger ......

 

Cost of litigation up to that point £2000

Cost of the reply £25

To be a fly on the wall when the "You wrote WHAT!!!" question is asked ......

...... PRICELESS!!!

 

[Scrapper]

Evening all

 

I'm so glad I found this thread. I have mine own for a mate of mine but I just need clarification on something if anyone could help me out.

 

My mate had a payment agreement with MBNA for a short settlement of £4k down from £16500.

 

He agreed to make payments until the 26th October 2010 then on that date he would pay the outstanding amount of £3500 as a full and final.

 

He called up on the 26th October 2009 to make the payment and was advised that it wasn't possible as the account had been defaulted and charged off.

 

He did an SAR and they actually charged it off on the 30th October 4 days after the payment date.

 

Then he recieved in the post dated the 9th November 2009 received 11th October 2009 a DN advising him the had until the 26th November 2009 to pay the arrears and no further action would be taken.

 

This is the icing on the cake though as they actually defaulted his account on the 30th Spetember 09. A full month prior to his final payment date.

 

Still making sense?

 

He had a few letters from the in house monkeys Debt Clear asking him to do a deal and remortgage his house etc etc but he ignored them due to the fact that the DN caused him not to get his remortgage and move to a smaller house a clear all his debts.

 

The a about a week ago he got a call and when he picked up it was a recorded message asking him to call an 0141 number quoting a ref which he ignored.

 

He's been getting calls from a mobile and when he picks up it goes dead but today it was an outfit called Allied International Credit demanding he pay. After he explained the situation they asked him to sent all the relevent documents but I've told him not to.

 

Is it me but how can he retify a default when it's already been issued and account charged off?

 

Help anyone

 

Thanks

Scrapper Coco & Mate 8-)

Edited October 20, 2010 by Scrapper

[foolishgirl]

PRICELESS!!!

 

Exactly gh!!

[emandcole]

Pm sent Chipmeister.

[emandcole]

Your mail box needs clearing, have response for you

[Chipmeister]

Mail box cleared! Thanks!

[jefstudent]

Mail box cleared! Thanks!

 

HI Chipmeister,

 

 

I was reading your thread date back in 2010 against MBNA. what happened at the end. Did you win?

 

I am in same situation and thinking to file N244 to get CPR disclosure. Any advice please will really really appreciated.

 

thanks