MBNA/MFS Portfolio - Help with Court Appeal Process Please

[shalom12]

Hi all,

I need advise on a long-running dispute I have with MBNA but which is now passed on to MFS protfolio.

 

Several years back - 2007,

I disputed the credit card balance with the company as I did not recognise some of the entries.

 

They were intransigent and, by 2008, I employed the services of a company who combined this fight with PPI reclaim at the time.

 

MBNA failed to respond positively and instead managed to get a ccj and a charging order against my property in my absence due to lengthy work related stay overseas.

 

Fast forward 2013,

MBNA finally conceeded that they had misold the account in the first place and offered me a PPI refund.

I declined this offer on the ground that it was such a small token and did not reflect insurance contributions made since 2001.

 

Two months later I received a court order granting MFS protfolio the substitute claimant (instead of MBNA).

 

I immediately lodged an appleal.

 

A couple of weeks later while my appeal was still going through the system at the local court,

I received a warrant of execution, effectively authorising bailiff visit to enforce the right granterd MFS Portfolio.

The bailiff was made aware of the appeal and he went away.

New hearing date has now been set.

 

I need advice on how to handle the appeal especially given that

 

1) MBNA has conceeded the miselling of the account 6 years later,

2) they are yet to supply my requests i.e copy of the greement, full copy of the statement and copy of deed of assignement of the account to MFS Portfolio.

 

Look forward to your kind response.

Edited February 12, 2014 by shalom12

[ims21]

Hi

 

I have moved your post to the Legal forum and started a new thread for you.

 

The guys will be along to help as soon as they are available.

[BRIGADIER2JCS]

Hi,

You are not entitled to see the 'deed of assignment' this is the confidential and commercially sensitive contract

between debt seller (creditor) and the debt purchaser, a court may order production if it is relevant.

 

You would have received a 'notice of assignment' (NOA) from the creditor and/or the DCA,

all that happens is that it is noted on the account file that such a notice was sent on a specific date.

 

Did you make a 'formal' request for the agreement (CCA Request under sections 77/78 of the Consumer Credit Act 1974 as amended) with a statutory fee of £1.00 as required?

 

If not your request will go unanswered.

[shalom12]

Many thanks brigadier2cjs. The requests (four in total) were made between 2007 & 2010 but without quoting under which rule it was made. However, I also lodged a complaint with FSA years ago, and more recently (Jan 2013) with FOS.

[BRIGADIER2JCS]

MFS executive director Martin Dunphy go to the top with complaints.

[ims21]

Two threads merged and tidied.

 

Shalom, please don't start new threads for the same issue.

 

The legal guys will be along as soon as they are available.

[dx100uk]

are you saying MBNA have placed in WRITING that the WHOLE AGREEMENT [not just the PPI]

was MISOLD?

[shalom12]

Sorry my mistake. Just the PPI element which they denied for almost six years just in time for MFS to do the substitution. They still refused to adress the disputed figures which were discovered in a couple of the statements, nor the excessive charges.