Morgans/MBNa help needed

[backintown2008]

Have had a huge battle with morgans, they are taking me to court for an MBNA account (May 2000) and Virgin account(Jan 2003) They have sent me a signed agreement which is totally illegible on both accounts. The finacial condition section cannot be read whatsoever, I have filed this as part of my defence:

Where a claim is based on a written agreement the original document should be made available and will be necessary in court. Regulation 2(1) of The Consumer credit (Cancellation notices and copies of documents) Regulations 1983

We should point out strongly the requirement of the Civil Procedure Rules (CPR). Paragraph 7.3 of Practice Direction 16 says

7.3 Where a claim is based upon a written agreement:

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing.

Any advice with MBNA and virgin cards would be appreciated

[backintown2008]

I was also on a joint mortgage until August last year, and am no longer a home owner, what are their options or can they no longer go after a charging order?

[heathrow]

Judging by the way Morgans prepare their cases, there surely must be some way of bringing this to the niotice of the authorities, maybe the Law Society? I am having similar problems with them because of a scant POC and a refusal to comply with CPR requests. Numerous members of CAG seem to be having the same or similar problems.They are taking me to court for 2 credit card accounts luumped together on a single claim.

 

Re your question about a charging order. I have no experience here but if your name is no longer on the deeds I cannot see how this could be enforced, Surely they can only charge something that is in your name? I am sure other cagers will be able to assist more with this one.

[citizenB]

Have moved your thread to Legal Issues forum where you receive more help.

[citizenB]

If you are no longer a home owner, then a charging order is off their list then !!

 

I would think their options are now pretty limited. Are you employed ?

[backintown2008]

no am not employed, would there options include a bankruptcy petition against me?

[citizenB]

no am not employed, would there options include a bankruptcy petition against me?

 

That is what I was thinking.. if they cant request an attachment of earnings (via your salary) then bankruptcy would be their only option. That to me would be an own goal.. because then they would probably receive nothing if you have no assets !

 

What is the value of the debt they are taking you to court for ?

 

Do you have other significant unsecured debts ?

[backintown2008]

no not really , they have rolled 2 accounts in to one a mbna and virgin account roughly £10,000 for the 2 accounts.

[dx100uk]

thats very very naughty

 

dx

[backintown2008]

Are they not allowed to roll 2 debts in to 1?

[dx100uk]

i dont think so , abuse of process/courts i think

 

they are trying to hide something here

 

dx

[asokn]

I don't see any problem with issuing a single cla for 2 debts as long as it's clear that's what they've done. If they issued separate claims it would just duplicate the issue fee and they'd ultimately in all likelihood be consolidated at an early stage anyway. It certainly isn't an 'abuse of process', an expression that gets thrown around far too frequently!

 

As for enforcement, bankruptcy or bailiffs would be about the extent of it.

[dx100uk]

ta asokn...not my game legal sadly.

justthough i'd seen something on it

 

dx

[asokn]

No problem

[debbbbsy]

Hi,

 

Can you post up the POC.

[heathrow]

The thing is, if they are to bankrupt you, they still haver to pay fees which off the top of my head, so don't quote me on this is £500, why bother to pay this and take you through the process if you have no assets?

[asokn]

Spite?

[heathrow]

Yes, there is that to it but I wonder whether they would go through all the due process just to be vindictive?

[asokn]

Well, its Hobson's choice really. What else can they do?

 

(Looking at this from the creditor's perspective, obviously)

[heathrow]

I have just realised they have rolled two of your accounts into one as they have done with me. It seems they can do this but i think it makes it more difficult to defend. This puts your case into the Fast Track court does it not which as I am led to believe is more csortly if you lose. Can anyone verify this please?

[asokn]

Yes, fast track cases are not constrained by small claims costs rules and are therefore far riskier.