MBNA debt - have received hand delivered Statutory Demand today

[debtangel]

Hi all

 

I had a credit card with MBNA but stopped making payments in September 2007 when I was made redundant. Not long after I had an accident and have been unable to work since.

 

I have today had a bailiff round handing me a Statutory Demand from BW Legal Solicitors on behalf of Lowell. The letter states that Lowell bought the debt from MBNA which I was unaware of. It states the Default date of 30 January 2010, I do not recall receiving this.

 

The debt on the Demand is £1XXX, however I seem to remember the original debt was around £1300.

 

I own my own home which has equity in it. I also owe other credit card companies, who I have not paid since 2007.

 

I am on benefits due to my ill health and currently have 56 pence in the bank.

 

Have no idea what to do. Please help.

Edited January 21, 2013 by 42man
amount changed

[42man]

You have 18 days from when you received the stat demand to set it aside.....was there any PPI on the alleged debt ? Have you sent off for a copy of your CCA request ? If you type in bwlegal or lowells in these forums then you will find plenty of other threads from people who have been in similar situations to yourself.....you will need forms 6.4 (set aside) and 6.5 (witness statement) which you can find here - http://www.bis.gov.uk/insolvency/about-us/forms/england-and-wales

 

A SAR to the original creditor might be a good idea too....

[42man]

Do have a look at some of the threads in here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

Just to let you know that it doesn't cost anything to apply to set aside a statutory demand...

[debtangel]

Hi and thanks, what is a CCA Request please?

 

Sorry don't have much experience in these matters.

[citizenB]

A CCA request is a request for a copy or reconstruct of the agreement.

 

It will cost you £1.00, they have 12 working days plus 2 to respond to your request.

 

You should receive,

 

a copy or a truthful reconstruct of the agreement

A statement of account

A copy of the terms and conditions from both inception and at default or current.

 

There is a draft letter in the CAG library, top left of the screen, highlighted in Green.

[debtangel]

I found some paperwork. I wrote to MBNA in 2009 and asked for a copy of my credit agreement and lodged my dispute with them, but they didn't reply. Although on my letter I didn't put the legal jargon and didn't enclose a fee for it.

 

I will write and ask for it again, thanks.