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Panic Stations...CCJ Mortlake on behalf of MBNA


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Hi All

 

I have received a claim form from Northampton ( CCBC ) 04 Apr 13

 

in respect of a credit card agreement between myself and the Claimant Britannica Recoveries S.A.R..L

- Mortlake acting for MBNA with an accrued balance of £5509. although now £5819 including court and solicitor fees.

 

I admit i have over the last few years run into financial difficulties because of divorce

and been left with a lot of debt and a mortgage to cover.

 

Depression followed this and my head went into the sand.

 

During this time i read about not paying debt for a while so try and establish a full and final settlement.

 

I wrote a letter explaining my situation and made a fair offer which they refused

so i thought ok i will ignore them for a little longer,

but now i am in this situation of court proceedings..

 

I am seriously worried as i do not want this CCJ against my name

yet if i agree to paying so much a month from what i've read in the last few days this will happen.

I have no recent statements regarding this debt, but have thought of applying for some although I'm concerned about time.

 

I have read loads on this site yet i am so at a loss as what to do to prevent this CCJ,

is requesting a CPR31.14 a viable route or should i just accept my fate?

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Have you made a s78 CCA request? If not, do so.

 

Have you checked for unpaid PPI? It is worth sending a SAR to MBNA.

 

Can you type up the exact Particulars of Claim, excluding personal details and account numbers?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thank you for for reply Steampowered...

 

Particulars of Claim

 

1) A credit card agreement made between MBNA Europe bank Limited and the cardholder (D)

2) D accrued balance *5509.00

3) D defaulted on payments

4) C issued Format Demand requesting payment dated 14/03/2013

5) Amount now due from D *5509.00

 

That is all the POC says...

 

Have sent of an AOS to the court this morning admiting nothing so i get some extra time to prepare a defence, although what that

 

defence is i'm not sure. Not sure what a SAR is to be honest. And i don't think i had PPI unfortunately.

 

I will do a CCA request this morning pronto. Who do i send the request to Mortlake, MBNA or Earlswood

 

and Co Solicitors?

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Quick update...

 

CCA request sent to Britanicca Recoveries S.A.R.L recorded delivery.

 

Should i also send a S.A.R? or do i wait until i have a response?

 

Can you tell anything from the POC?

 

It seems the deeper you look in to this the more confusing it gets...

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  • 3 weeks later...

Really need help with the next step.

 

I have not recieved any response to the CCA request sent on the 16th April and i have to let the courts know what is happening as i can't build a defense. Its now been 16 days. Is there a letter template to help in this situation. Can someone please help?

 

Edited by headstrong
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Hello there.

 

As it's a bank holiday weekend, people may be away. Please bear with us, they often turn up at the end of the weekend. I'm guessing you can't do anything before Tuesday if everywhere is closed?

 

I'll let the site team know you're looking for help, in case anyone knows the answer.

 

My best, HB

Illegitimi non carborundum

 

 

 

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not really legal minded

 

but

 

as for the failure of the CCA

 

you need to fire this off: 1st class RD

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

you should have gotten an sar off to MBNA too

 

you need the statements

 

what does your CRA file say aboutthis debt?

 

see below

 

MBNA sold it for a reason

 

your defence will most prob be that reason

the sar should reveal it

 

prob 90% PENALTY charges and/or PPI

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Thank you DX100UK...Sorry for delay replying, my life is crazy atm....

 

Anyway i have sent the SAR to MBNA...Concerned this takes 40 days when i have the court hearing sooner even after extending to organise my defense...

 

I have no idea ie, CRA file.

 

Still haven't received anything regarding the CCA..

.there wasn't any PPI.

 

The interesting thing is a lot of the letters i have received have mentioned a loan which i never had.

 

Almost wish i just agreed to a payment plan and been done with the whole thing..

.and to boot just been told i am being made redundant after 17yrs in July,

 

such is life....Not sure how that effects anything...

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just a quickie addition...Really am a fish out of water here...anyway

 

 

when i sent the CCA request i sent it to Britanicca Recoveries S.A.R.L recorded delivery....was this correct?

 

or should it have been MBNA?

 

obviously MBNA have sold it onwards..

 

.but whose more likely to have the CCA or is that not my issue..

 

.Does not recieving the CCA make it unenforceable?

 

:oops:

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you should of sent the CCA to the CLAIMANT

 

did you do that?

 

what does you cra file say?

 

see below

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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it will certainly give you the overview of the debt yes.

 

if BR or their cohorts don't OWN the debt they shouldn't be issuing court claims...

 

noddle is free see below

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Ok today i have received a copy of the original loan agreement as requested from Moorgate loan servicing limited for and on behalf of Britannica Mortlake... Although this is actually over a credit card as i haven't had a loan from MBNA. Front cover is offering me to call and discuss.

 

The 2nd sheet is a naff photo copy of me applying for a credit card and has my signature. The other 10 A4 sheets are credit agreement conditions.

 

I have just signed up to Noddle and awaiting a pin.

 

Still waiting on the SAR, just not sure of my next step.

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Ok looking at my Noddle account now which i wish i'd heard of years ago, very clever.

 

Anyway Moorgsate ( Bri Rec ) shows Default but no judgements.....as well as two accounts with Lloyds showing default.

 

:oops:

Edited by headstrong
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