old [8yrs] MBNA CC debt - claim form received - help please novice here

[DonkeyB]

If you have put the account into dispute, they have a problem with litigation. Don’t panic.

[Gavalar]

Hi Guys,

 

Thanks for the response,

 

DX im not sure if you saw my post a couple of weeks ago but ive always used experian and nothing has ever been on there for either MBNA nor Hillsden

 

however i joined equifax a fortnight ago and there is a red marker up on there and shows a debt to Hillsden as defaulted.

 

However I also have a secured loan which ive been paying for a few years

only one missed payment 14 months ago and on Experian it shows all the payments are up to date

and no problem bar 1 missed payment yet on Equifax it shows the account as defaulted all in red!

 

Obviously the main thing im concerned about is that Hillsden is showing up on Equifax - but no trace of MBNA ever being on there?

 

Strange!

[Gavalar]

Hi DX,

 

Did you see my post above regarding the debt showing on Equifax? Very concerned now having only ever used Experian?

 

Why would this be? experian seem very much more up to date with all my current payments etc?

 

Gav

[dx100uk]

I wouldn't be unduly worried about it.

 

what is the listed default date?

 

dx

[Gavalar]

Hi DX,

 

It Shows the defaulted date as 30.06.10

 

Gav

[dx100uk]

well that doesn't aligns with the mbna statement of last payment 17/6/10

 

you'd have to miss 3 payments before they can register a default via a dn.

 

in the MBNA SAR

 

is there a remark about them defaulting the account in the comms log

or a copy of the DN?

 

nothing is really adding up here.

 

dx

[Gavalar]

Hi DX,

 

It shows from the SAR from MBNA 17.06.2010 - "Faster Payment - Thank You" - £20.00

30.06.10 - Charge off Adjustment -£10,082.18

30.06.10 - Charge off Adjustment £10,082.18

16.07.10 - Zero Curbl on Sold Account -£10,082.18

19.07.10 - Faster Payment - thank You - £20.00

12.08.10 - Payment Adjustment £20.00

 

In The dialog from MBNA 16.07.10 - SOLD TO DIRECT LEGAL - REFER TO 08707446482

 

Ive had a good read through the notes and cant see that they have said that they were going to default me - I had missed more than 3 payment prior to my token gesture of £20 in June 2010 though.

 

So much paper work, im swimming in a deep sea here and feel my arm bands are floating away.

 

Gav :-/

[Gavalar]

Hi All,

 

Came home Sat from Work and My Fiancee was glowing with excitment with the news she has booked a two week get away for us to spain in a fortnight and organised time off work for me! A feeling of excitement for all of 5 mins until I opened up my mail....And there it was the dreaded letter - From feeling happy to stressed and scared!

 

What do I do from here - and more so if I go on Holidays and they reply I will not be able to respond....Help Help Help!!! Gav:-x:|

[Gavalar]

Hi All,

 

Can anyone please help me here, Im not sure what to do next?

 

Thank you, Gav

[dx100uk]

sri its turned out this way

the legal bods should pic this up soon

 

dx

[Gavalar]

sri its turned out this way

the legal bods should pic this up soon

 

dx

 

Hi Dx,

 

How can I get the Legal bods to see my thread, I'm absolutely claiming the walls here Gav

[Gavalar]

Is there anyway of delaying the court process and me trying to find the money to pay them??

 

Please I could really do with some advice guys?

 

Gav

[dx100uk]

i'll get someone to pop in

[citizenB]

Looking.. BRB

[citizenB]

Dates you need to be keep on your calendar.

 

 

Claim Issued - 14th August + 5 days for service = 19th August + 14 days to acknowledge = 2nd September + 14 days to submit defence (if you are going to defend) = 16th September.

 

 

 

The 2nd Letter from DLC - I am pretty certain they cannot class their litigation costs as "Default" sums - they will be reclaiming any legal costs via their Particulars of Claim.

[citizenB]

 

The Claimant’s claim is in respect of a credit facility (account number) provided by MBNA at the Defendant’s request on 10/06/2006. Failure to meet requests for payments resulted in the account being defaulted. On 27/07/2010 all legal and beneficial interest for the monies was assigned to Hillsden Securities Ltd. The defendant was duly notified in writing of the assignment and that a balance of 10,082.18 was due. The balance of 10,061.18 remains owing from the Defendant.

 

Did you make a payment between them taking over and issuing the claim ?

Edited August 21, 2013 by citizenB

[dx100uk]

hi cb thanks you beat me

 

no payments made

 

the statement of account[dlc/aplins] they have sent is total garbage

 

they are upto something here for sure

 

dx

[citizenB]

Can you let us know if you ever received a default notice from MBNA, or is there mention that one was sent on the communication log you were sent in the SAR ?

 

Did you receive the Notice of Assignment from Hillsden ?

 

Did you actually apply for this account online ? (I note they sent a generic/template agreement in response to the CCA request and there is no IP address on it)

 

 

I see Aplins sent you 3 letters at the rate of one a month that pretty much implied that if the debt was not repaid within 14 days, they had instructions to issue a Claim against you. They then go on to say that unless payment is made within 14 days of the claim being issued they would apply for a Judgment. I think DB has already advised they were exploiting your LiP status in that they do not say "you have the right to defend our claim"

 

In the Subject Access Request did you receive copies of statements or a proper accounting ?

 

When was the last payment made (prior to the £20.00 token payment in 2010)

[Gavalar]

Hi Citizen B,

 

Thank you so much for taking the time to reply to me (And thanks DX) I have never received a default notice from MBNA and through reading their notes cannot see anywhere that they have documented sending one. I have also never had a notice of assignment. I will have to go back through and see when the last payment prior to £20 was made to MBNA this however will be probably up to 5 years ago.

I did originally apply for the account on line, When the SAR was sent back to me there were no actual copies of statements from MBNA only a print out from their PC of the account with the running balance.

 

Where should I go from here?

 

Gav

Edited August 21, 2013 by Gavalar

[Gavalar]

Hi Guys,

 

Anyone able to help me here please?

[Gavalar]

If I was able to find the money would I be able to just pay them off instead of going to court?

 

I would struggle raising the money but the thought of going to court just scares me and paying, allbeit not right seems the easiest option.

 

Please help time is not on my hands here

 

 

Gavalar

[AndyOrch]

" If I was able to find the money would I be able to just pay them off instead of going to court?

 

I would struggle raising the money but the thought of going to court just scares me and paying, allbeit not right seems the easiest option."

 

Just make payment using the N1...or if you need time submit a defence which will then allow a further 14 days then approach the sol to settle and request they withdraw their claim.

Alternatively if you let them get judgment providing you pay by the time stated the CCJ is extinguished.

 

Regards

 

Andy

[Gavalar]

DX, can you help please, I have finally raised the money to pay this off - but I am so near the date of 14 days. It shows the issue date is 14th Aug - If I send this recorded delivery in the morning is this going to be ok??

 

Please help after all my hard work and stress of raising this money I fear that they will take the money and ccj me ---- please advise asap!!!

 

Help Gav

[dx100uk]

obv I cant agree with you doing this and I hope the money is not costing you interest.

 

however each to their own.

 

best idea might be to phone aplins then.

 

however you do realise that you could defend the claim

 

and if you fail then as long as you pay the sum with [i think] 28 days ] of the issue of the CCJ

it does you no harm and will not show against you on your CRA file.

 

you say there is no record of a default being issued on the sar

the poc says diff.

 

i'm not sure if they will need to produce this in court?

 

dx

[Gavalar]

obv I cant agree with you doing this and I hope the money is not costing you interest.

 

however each to their own.

 

best idea might be to phone aplins then.

 

however you do realise that you could defend the claim

 

and if you fail then as long as you pay the sum with [i think] 28 days ] of the issue of the CCJ

it does you no harm and will not show against you on your CRA file.

 

you say there is no record of a default being issued on the sar

the poc says diff.

 

i'm not sure if they will need to produce this in court?

 

dx

 

I'm just so worn down with all of this, I have had to take a loan to pay it off so yes it's costing me a lot more over the next 3years

I really can't go to court and defend myself it would hang over me, could I apply afterwards for them to prove the default was applied and have it removed from the 1 credit file it sits on?