Jump to content


HILLESDEN T/A DLC/Restons Claim Form - MBNA card 'debt' - Help needed please!


Big Shoooz
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3080 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

I'm hoping you can offer some advice for a friend of mine please.

 

He has just received a Court Claim Form for an old MBNA credit card debt (possibly Virgin Credit Card) and doesn't know how to proceed.

 

Long story short,

he became ill towards the end of 2010 and began claiming incapacity benefit from January 2011.

His illness is ongoing and currently no forseeable end.

 

 

he could no longer afford to pay his debts after a short while and he thinks he informed some if not all of his creditors about his situation

but none of them were helpful and so he ceased payments.

Now he has received a court claim from Restons and is unsure of what to do.

 

Since this debt dates back to 2008 there could possibly be some unlawful charges attached to it therefore meaning that all the money Restons are claiming will be false.

 

Should he send the acknowledgment of service and a defence stating that he disputes the full amount

and then contact Restons to ask them to prove the debt?

 

Looking forward to any advice and help you can give please, he has to respond by 21st December.

 

Thanks

Link to post
Share on other sites

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... 

Link to post
Share on other sites

leave the claimform alone.........

 

 

go and ack [AOS] the claim on the MCOL website

defend all

leave juris unticked

 

 

send Cabot a CCA request

 

 

send restons the CRP 31:14 from the legal section of the library

 

 

don't sign anything

leave the £1PO blank.

 

 

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... 

Link to post
Share on other sites

Name of the Claimant ? HILLESDEN T/A DLC

Date of issue – 02/12/15

Date to submit defence = 04/01/16 (33 days in total) - 4pm 4th JAN

What is the claim for –

 

The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and MBNAlink3.gif dated on or about Feb 2008 and assigned to the claimant.

 

PARTICULARS a/c No ****************

DATE 10/11/2015

ITEM Default Balance

VALUE £7000

POST REFRL CR NIL

TOTAL £7000

What is the value of the claim £7000

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT CARD

When did you enter into the original agreement before or after 2007? AFTER (I THINK!)

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. THE DEBT PURCHASER

Were you aware the account had been assigned – did you receive a Notice of Assignment?

SEEMS TO HAVE BEEN A HOT POTATO SO UNSURE WHEN IT WAS ASSIGNED TO HILLESDEN OR IF A NOA WAS RECEIVED

 

Did you receive a Default Notice from the original creditor? UNSURE

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? UNSURE

Why did you cease payments? BECAME ILL, CEASED WORK AND ON BENEFITS SO NOT ENOUGH INCOME

What was the date of your last payment? UNSURE BUT SOMETIME IN 2011

 

Was there a dispute with the original creditor that remains unresolved? NO

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? YES POSSIBLY

 

Sorry about the "unsure" answers.

My friend has stacks of paperwork and may be able to eventually find the answers!

Link to post
Share on other sites

can w have the full particulars of claim please

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... 

Link to post
Share on other sites

The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and MBNA dated on or about Feb 2008 and assigned to the claimant.

 

PARTICULARS a/c No ****************

DATE 10/11/2015

ITEM Default Balance

VALUE £7000

POST REFRL CR NIL

TOTAL £7000

Link to post
Share on other sites

blimey is that it?

 

 

I know restons are getting rather scant with their POC's

but its unlike then to not mention anything other about assignment and notice of default? inc dates

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... 

Link to post
Share on other sites

blimey is that it?

 

 

I know restons are getting rather scant with their POC's

but its unlike then to not mention anything other about assignment and notice of default? inc dates

 

Ha, yes that's all that's mentioned in the POC. Is that a good thing or a bad thing?

Link to post
Share on other sites

very bad for them

 

 

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... 

Link to post
Share on other sites

ok anyway

get all of post 3 running.

 

 

as said leave the claimform alone

do it online

 

 

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... 

Link to post
Share on other sites

time to go read a few legal claim threads here me thinks.

 

 

erm..sorry m'laud

we don't know if the debtor ever defaulted...

 

 

ermm..sorry m'laud we know we think we brought the debt but don't know when.

erm..can we be allowed to bring a claim if we cant prove we own the debt....

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... 

Link to post
Share on other sites

I wouldn't be complicating things.

 

 

get that MCOL done online

that's the important bit

 

 

always defend all

even if you /he thinks he owes a debt

else its a CCJ by default.

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... 

Link to post
Share on other sites

Hi, I'm sorry but I'm back again so soon!

I'm a bit confused about who the CCA request should be sent to now after reading more paperwork.

The letter received from Restons (pre court claim) mentions "our client Cabot" but the last letter received from Hillesden T/A DLC says they have placed the account with Cabot BUT the claimant on the court form is Hillesden.

Should we send the CCA request to Cabot or Hillesden? We don't have an address for Cabot.

Link to post
Share on other sites

Send it to Caboot...>CPR to Pestons.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Send it to Caboot...>CPR to Pestons.

 

Andy

 

Hi Andy,

Looking at other threads, the CCA request has been sent to the Claimant and the Claimant on the court form is Hillesden/DLC, it doesn't mention Cabot anywhere even though both DLC and Restons letters mention that Cabot are now servicing the account so do you think we would be wiser to send the CCA request to Hillesden/DLC?

Thanks

Link to post
Share on other sites

Then send it to named claimant.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...