Restons mbna court action help me also please

[DizzieDiva2010]

Hi guys,

I received my SAR request from MBNA today

a copy of my agreement that I had signed in 2004 and also terms and conditions.

I just dont know which route to take now.

Im just wondering whether I have a leg to stand on?

 

Have they sent you all the statements from the accounts inception? You could go through them calculating all the charges and see if the balance is correct.

[ASR]

Have they sent you all the statements from the accounts inception? You could go through them calculating all the charges and see if the balance is correct.

 

Basically I have received the following:

A Copy of my executed agreement

an upt date terms and conditions

a copy of my most recent statement with £165 legal costs and charges

I also requested a Default notice that was sent originally (which I didnt receive) but there is no mention of that.

I really think I havent got a chance to fight this. I really want to get the best solution for myself.

Please guys what would you do if you were in my position?

 

I dont have long. I can either file my defence or if I wanted to admit the debt could I file an admission form and send it to Restons or is it too late?

[ASR]

Have they sent you all the statements from the accounts inception? You could go through them calculating all the charges and see if the balance is correct.

 

Basically I have received the following:

A Copy of my executed agreement

an upt date terms and conditions

a copy of my most recent statement with £165 legal costs and charges

I also requested a Default notice that was sent originally (which I didnt receive) but there is no mention of that.

I really think I havent got a chance to fight this. I really want to get the best solution for myself.

Please guys what would you do if you were in my position?

 

I dont have long. I can either file my defence or if I wanted to admit the debt could I file an admission form and send it to Restons or is it too late?

[Mydogsawestie]

Is the CCA with all its prescribed terms on them there? I am baffled as to why there is no Default Notice info, you should have this sent to you as part of the SAR . In my post no.5 on here only you can make the decision if you want to carry on disputing this debt and I had included a link to how much further you would need to prepare up on should you do

 

Can you post up a copy of the CCA & we can have a look if its got the prescribed terms on there. You may also want to have a look at this link. Does the CCA meet all the legal requirements?Consumer Credit Agreements - a guide to enforceability

[Mydogsawestie]

Sorry link is here...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?162851-Consumer-Credit-Agreements-a-guide-to-enforceability&p=1747470&viewfull=1#post1747470

[Mydogsawestie]

Meant to say post 19 not 5 as well (what happened to edit on this new cag layout !!)

[DizzieDiva2010]

Basically I have received the following:

A Copy of my executed agreement

an upt date terms and conditions

a copy of my most recent statement with £165 legal costs and charges

I also requested a Default notice that was sent originally (which I didnt receive) but there is no mention of that.

I really think I havent got a chance to fight this. I really want to get the best solution for myself.

Please guys what would you do if you were in my position?

 

I dont have long. I can either file my defence or if I wanted to admit the debt could I file an admission form and send it to Restons or is it too late?

 

Can this post be moved to ASR thread?

ASR you must keep to your own thread with regards to your case and only post here if it is with regards to my case. Thank you.

[DizzieDiva2010]

If you defend in full you can change your plea at a later date but you have to acknowlege it by the date due. They have not fully complied with your SAR because they have not sent you every bit of information they hold on you and that account so I would suggest that you submit an embarrased defence for now the one I suggested above post 24 by the 24 September 2010. The court are strict on times so hurry up.

Edited September 22, 2010 by DizzieDiva2010

[maroondevo52]

Can this post be moved to ASR thread?

ASR you must keep to your own thread with regards to your case and only post here if it is with regards to my case. Thank you.

 

Two posts moved, ASR please continue to post on this thread regarding your case.

 

Thanks.

 

Scott.

[DizzieDiva2010]

Hey ASR havnt heard from you in a while just asking how you are getting along and where are you at now?

[ASR]

Hi Divie,

 

I filled all the forms in and dropped them to my local court

I then received a judgement for claimant form the court stating the claimant does not accept my payment and that I should pay

£4800 including £205 charges

 

What can I do to appeal with income and expenditure as I cannot afford to pay this amount?

[Mydogsawestie]

Hi ASR

Apply for a Redetermination application to vary the payment. Have a look at this thread it should give you some information http://www.consumeractiongroup.co.uk/forum/showthread.php?272860-Judgement-awarded-against-me-can-t-pay!&p=3083052&viewfull=1#post3083052

 

Dont know how long you had had the ccj for but you need to get in quick as once a ccj has been got they are likely to go for the next steps (C Order etc)

[ASR]

Hi ASR

Apply for a Redetermination application to vary the payment. Have a look at this thread it should give you some information http://www.consumeractiongroup.co.uk/forum/showthread.php?272860-Judgement-awarded-against-me-can-t-pay!&p=3083052&viewfull=1#post3083052

 

Dont know how long you had had the ccj for but you need to get in quick as once a ccj has been got they are likely to go for the next steps (C Order etc)

 

Hi,

I received a letter that the redetermination was dismissed as I could not attend due to being ill. Even though I sent in a letter before the hearing and all my evidence that I could not afford to pay this at once.

I have received C Order letter on my name and my partners name.

As the amount is less than £5k can I turn up on my doorstep and demand full payment? as I cannot afford this?

What shall I do now as I have not heard from Restons? shall I call them and offer a payment proposal?