Virgin/MBNA passed to Optima - claim forms received - help! ***ICO dismissed****

[gem77]

Thanks for the advice dotty will do just that.

 

Thanks Andy. I will have a good look through it and see what I can come up with over the next few days.

 

Chipmeister, made that mistake on my defence

 

Chhers all

Gem

[Chipmeister]

Dam how many time have you corrected that Chippy must amend my original file:wink:

 

Many thanks

 

Andy

 

[leopard lady]

subbing

[gem77]

Hi. Just wondered if someone was available to help me with this witness statement. Have to post it on monday and have been trying to write it for the last week but Im afraid its just not happening. Computer has been down most of the week so been trying to stumble through it on my own but to be honest its got me beaten. Although a few parts of dizzy diva's are useful I dont think it is my arguement.

[gem77]

This is what I have compiled so far. Can anyone tell me if it is any good please.

 

 

Witness Statement

 

 

1 This statement is made in opposition to the Claimant’s application for summary judgment and by which the Claimant contends I have no real prospect of successfully defending the claim against me.

 

2 I do not deny that a contract once existed between me and the claimant. I deny the contract endures since on a day prior to the commencement of this case against me, the Claimant terminated the contract.

 

3 I wrote to the Claimant on the 1st May 2010 with a copy of my income and expenditure report and stating I was currently experiencing financial difficulties due to a change in circumstances and asking to suspend all interest and charges and set up a payment plan of £18 a month. The Claimant replied on 21st June 2010 accepting my reduced payments of £1 would be accepted and all charges suspended and placing me under a severe hardship plan.

 

4 I replied to their response thanking them for their understanding but I am in fact paying £18 not the stated £1. I received no reply to this from the claimant.

 

5 I then received a notice of intention to file a default dated the 29th June 2010. As my circumstances had not changed and in the acceptance letter from the Claimant it does state they will continue to send me legal notices that they are required to send I continued to pay the £18 I had agreed and could afford to pay.

 

6 I then received on the 9th August 2010 a Default Notice. As the previous letter My circumstances still had not changed and I could still only afford to pay the £18 as agreed.

 

7 I then receive a letter from the claimants solicitor dated 1st September 2010 demanding the full outstanding balance however the claimant is willing to consider any proposals I may have but if they do not hear from me they will commence legal action to recover the outstanding sum due. Also that if my proposals are accepted by the Claimant then no legal action will be taken. I replied to the solicitors on 6th September 2010 stating that I have already written to the claimant and agreed to pay £18 which they accepted.

8 I received Claim forms through the post with the issue date of 21st September 2010.

9 The claimants solicitors wrote to me on 30th September 2010 confirming that I should commence making the £18 per month instalments although I had never stopped since the agreement was set up. This letter also stated that a claim form has already been issued through the court for a charging order against my home.

 

10 At trial I will contend that I complied to the letter sent on the 1st September 2010 by replying within the 14 days specified with the proposals to the claimant. The Claimant never declined these proposals before submitting the claim forms and the claim is spurious and is purely an exercise to turn an unsecured loan into a secured loan.

 

11 I contend that I have kept up all my obligations under the new agreement arranged on 21st June 2010 and am not in breach of this agreement therefore there is no legal entitlement to early repayment.

[leopard lady]

Hi, just wondered if it would be beneficial to put something in about the recommendation that charging orders shouldn't be made for debts under £25000??

[gem77]

Hi Leopard Lady. That might be an idea. Will look around for more info on that.

Thank you

[gem77]

Just found this on the OFT website:

 

A charging order is one of a number of enforcement methods available to creditors to ensure that judgment debts are satisfied. A charging order can only be applied for where a court judgment has already determined that a debtor owes money to the creditor, and payment under that judgment is not forthcoming.

 

for one a court judgment has not already been determined that I owe the money and also although not under a judgement it is forthcoming as I pay the agreed amount each month. Surely this gives me some grounds and should I put it in my witness statement?

[gem77]

also found this. should I also include this in my WS?

 

http://www.moneyadvicetrust.org/images/MAT%20coordinated%20response%20to%20Ministry%20of%20Justice%20orders%20for%20sale%20consultation%20paper.pdf

[gem77]

Can anyone help me on this please. panicing now.

[bilious]

So am i gem!! am at the interim co stage where i've been paying by installments they've gone for redetermination, been granted a forthwith and am now being helped on here, but the more i read the more i panic as it seems to always favour the banks!!!

[gem77]

Hi Bilious, know what you mean the more I read the more I think I dont have a hope in hell. I am really not great with this sort of stuff and the more I read the more confused I get. feel like I am banging my head against a brick wall!

[bilious]

Oh you can borrow my t-shirt! have had some great advice from people on here, but the biggest problem i've found with mbna is, what they shouldn't be able to do, they do and get away with it, can only hope we both get things sorted out cos my heads broken the wall with em..

[gem77]

So have I. It is a great site. MBNA are the only ones that have done this to me yet it is one of the smaller debts. They gave me false hope that they would help me at this difficult time and allow me to pay only what I could afford but then they hit me right where it hurts. Pick you up just to knock you down again!

[bilious]

Sounds very very familiar, and it seems to be the way they operate am up and down like a honeymooners duvet at the moment, thought i would've been protected by the court system (durrrr.) then got completely you know what by them. A few people have said its been a major balls up but my concern now is once they've done it they are more and more unlikely to rectify it.. my biggest worry is if they get a co on my home they will force a sale of it and my wife and two young children are going to be without a home...

[gem77]

Your worry's are the same as mine. I also have 2 young children one is 6 the other 18 months and a big shock just before xmas I'm expecting our 3rd in August. So scared we will all be homeless as we are struggling so badly at the moment financially. And although yes we run up the debts we could afford them until a major change in circumstances which was beyond our control but these blood suckers dont seem to care.

I spend most nights crying myself to sleep over it all. I find it very hard to cope with my eldest son at the moment as he has behaviour problems and I dont have the patience with him due to the stress.

I do find slight relief in that I am not alone and there are lots more in the same situation as me.

We just got to stick together and try to fight these B******

[bilious]

Similar age to mine!!! i know people on here keep saying they can't force a sale etc etc, but the banks seem and do get away with what they want i know that sounds bad but in my experience that seems to be whats happened, have definitely got a few more grey hairs now..

[gem77]

Yep. they are big companies with lots of money and can afford to hire solicitors and people that can find all the loop holes. Optima keep advising me to get a solicitor but I couldnt afford a solicitor if I could I could afford to pay them but then they know that!

[bilious]

lol they've not advised me to get a solicitor! couldn't afford one anyway nearly all the money that comes in goes out on bills mortgage etc etc... they know i can't afford one and can't get legal aid so roll on the big business!!!

[gem77]

Same here. Infact I havent even had enough to pay the bills this last month but I still made sure I paid optima what I said I would.

[bilious]

Again like Shylock cares!!! Pound of flesh isn't enough for these maggots! they really do not care about personal circumstances!! just money!!! hope things get better for us!!!

[gem77]

Lets hope so. x

[AndyOrch]

HI Gem

 

Is that your final draft for you WS or have you made any further additions?

 

Regards

 

Andy

[gem77]

Hi Andy, Thats all i've got so far. really stuck and head buzzing

[AndyOrch]

This is what I have compiled so far. Can anyone tell me if it is any good please.

 

 

Witness Statement

 

 

1 This statement is made in opposition to the Claimant’s application for summary judgment and by which the Claimant contends I have no real prospect of successfully defending the claim against me.

 

2 I do not deny that a contract once existed between me and the claimant. I deny the contract endures since on a day prior to the commencement of this case against me, the Claimant terminated the contract.

 

3 I wrote to the Claimant on the 1st May 2010 with a copy of my income and expenditure report and stating I was currently experiencing financial difficulties due to a change in circumstances and asking to suspend all interest and charges and set up a payment plan of £18 a month. The Claimant replied on 21st June 2010 accepting my reduced payments of £1 would be accepted and all charges suspended and placing me under a severe hardship plan.

 

4 I replied to their response thanking them for their understanding but I am in fact paying £18 not the stated £1. I received no reply to this from the claimant.

 

5 I then received a notice of intention to file a default dated the 29th June 2010. As my circumstances had not changed and in the acceptance letter from the Claimant it does state they will continue to send me legal notices that they are required to send I continued to pay the £18 I had agreed and could afford to pay.

 

6 I then received on the 9th August 2010 a Default Notice. As the previous letter My circumstances still had not changed and I could still only afford to pay the £18 as agreed.

 

7 I then receive a letter from the claimants solicitor dated 1st September 2010 demanding the full outstanding balance however the claimant is willing to consider any proposals I may have but if they do not hear from me they will commence legal action to recover the outstanding sum due. Also that if my proposals are accepted by the Claimant then no legal action will be taken. I replied to the solicitors on 6th September 2010 stating that I have already written to the claimant and agreed to pay £18 which they accepted.

8 I received Claim forms through the post with the issue date of 21st September 2010.

9 The claimants solicitors wrote to me on 30th September 2010 confirming that I should commence making the £18 per month installments although I had never stopped since the agreement was set up. This letter also stated that a claim form has already been issued through the court for a charging order against my home.

 

10 At trial I will contend that I complied to the letter sent on the 1st September 2010 by replying within the 14 days specified with the proposals to the claimant. The Claimant never declined these proposals before submitting the claim forms and the claim is spurious and is purely an exercise to turn an unsecured loan into a secured loan.

 

11 I will contend that I have kept up all my obligations under the new agreement arranged on 21st June 2010 and am not in breach of the varied agreement therefore there is no legal entitlement to early repayment.

 

12. Under these circumstances the Court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the claimants claim

and the claimants application for Summary Judgment against me be dismissed.