MBNA and Optima legal - claim form received - help

[scouser2810]

I'm new to all of this so please bear with me.

 

Firstly a bit of background,

 

I am self employed and dont earn a great deal, unfortunately the recession has hit us hard as I’m sure it has many people,

my husband lost his job in August 2009,

 

we have several credit card between us and we managed to pay everything on time until September 2010.

 

We contacted MBNA to arrange a payment plan but unfortunately it came down to either the mortgage payments or the credit cards, we chose the mortgage.

 

He is in receipt of benefits but has only just started receiving help towards the mortgage as no one told him he was entitled to claim anything as we had a mortgage not a rent.

 

My husbands 2 debts have been passed to a collection agency who have agreed payment of £10 a month on each, mine has been passed to Optima Legal

 

After reading about it on another site I have started the process to reclaim the PPI on my account on October 16th but as yet they are still denying it,

firstly they sent me someone else’s agreement and all of their details and when eventually I received mine it wasn’t signed or the PPI box ticked.

They are saying it was done over the phone and I must have agreed to it, it was taken out in 2006 and I cant remember agreeing

 

I have received letters from Optima Legal and now a court claim form from them.

 

In a letter dated 6th Dec they advise me to pay the £10 a month I have said I can afford until the PPI claim is sorted,

then on the 19th a court claim form arrived for the full amount plus charges.

 

My question is,

can they take me to court whilst the PPI is in dispute and I am paying the direct debit?

The first payment has been set for 31st of December so isn’t missed as yet,

 

How do I reply to the court claim forms? Accept all of the debt, accept some of it ?

 

I have been to the CAB today and they didn’t want to advise me as it may affect the PPI claim and I may blame them!

 

Sorry for the long post and I’m sure I’ve probably missed some vital detail but I’m out of my mind with worry.

 

We have borrowed heavily from family but that cant go on,

Thank you for reading

[MAGAR50]

Hi glad you got to post on here hopefully someone will be along with some answers.

Have you had a look at MBNA link and solicitor link opt legal.

it will give you an insight on what they are up to with others .

[scouser2810]

Hi, Anybody got any ideas, this form has to be sent back today ?

Just read that if I admit the amount I should send the papers signed and back to Optima, does this mean its not a court paper ?

Sorry to sound stupid but Ive never seen one before

 

Thank you

Edited December 29, 2011 by scouser2810

[MAGAR50]

bump

[MAGAR50]

If you are disputing the claim and as it is in dispute ref PPI you send to the court your

defence and admission form.

Should you decide to send the admission form then that would be sent to the solicitor along with payment offer.

 

Now in your case you have agreed a payment and they are ignoring this for some reason .

 

It is for you to decide but I would deal only with the court if it was me.

They will see that you have made an effort and probably suspend any action.

 

If you could possibly identify that these people have sent you an authentic claim

the forms from the court are numbered and should come in a pack with details in how

to respond.

 

Should it just be a computer generated claim that the solicitor has sent which I doubt because of the time line.

it seems to be the required procedure.

 

I hope someone will help in this case as I like you have only had to deal with this once before but also other related issues followed .

[actionlobbyist]

To be honest Optima Legal are your true grit leaches - they make there money by getting you into Court they really don't seem to care about personal circumstances but they do like to put a charge on your property whenever possible and charge there costs. Ok now the PPI is a bit of a thing - I bet that MBNA say that you ticked the box on the website and so you agreed to it.? I suspect that the box is pre-ticked. The problem with MBNA is that they seem to deny anything that relates to a telephone agreement especially matters regarding freezing interest on the account for a period of time. I am in exactly the same position as you and I am waiting for a court date. I have made a claim with the FSO for the PPI My intention in court is to go after interest and charges relating to all of the letters sent and time wasted waiting for Global Vantage to knock the door as there card insinuated. Now if you make a complaint with the FSO about MBNA then it actually puts the claim against you in doubt. I have also made a complaint to the Law Society because It is my opinion that Optima are really acting purely for profit and a report that was publicized on the internet reinforces the fact.

[Autodrome]

I have also made a complaint to the Law Society because It is my opinion that Optima are really acting purely for profit and a report that was publicized on the internet reinforces the fact.

 

How did you do this, I would like to do similar and I may have some evidence of it.