Cabot/Weightmans Claimform - old MBNA card Debt

[steve15640]

Hi, Im after a bit of advice, I have a very large debt owed to a Credit Card company, the card was taken out in 1996 and a the PPI thing was added on automatically and was paid throughout the time of having the card.

 

I have made no payments for at least the last 4 years as i got in financial difficulties, been chased by several DCA's but have just basically ignored them as ive got nothing to lose, no property etc etc.

 

Recently (Sept 2010 ) I recieved a letter from Weightmans solicitors saying they were taking me to court, I decided to send them an CCA request, got the usual reply saying account was on hold till they could get it etc etc.

 

Approx 3 weeks later they sent through the following with a covering letter saying, Please find attached a copy of the original legal agreement, Please contact us within 10 days to arrange payment, before we enforce legal action against you :-

 

A one page copy of my 'Credit Card Apllication' from 1996 with only one signature (mine) at the bottom against the words ' This is a credit agreement covered by the CCA 1974, Please sign if you want to be legally bound by its terms' which i did.

 

A one page copy of Terms and Conditions of use in small writing.

 

My questions are:-

 

Is a copy of my application form the actual agreement ???

Does it sound enforceable ????

What are my next steps ????

Is it worth trying to claim any PPI back, or is this admitting the debt ???

 

Any views would be appreciated

[rebel11]

Hi Steve

 

The guys really need to see the agreement, best thing is to scan, post removing all personal details as well as any reference numbers.

Recent cases has made it difficult to invalidate an agreement, but post it so the guys can advise. Sounds like there won't be any prescribed

terms.

[steve15640]

Hi All,

 

I am after some advice on dealing with the following:-

 

In 1996 I took out a Credit card with MBNA, Over the years the credit limit grew quite large and I mistakinley used it to its full potental as I had a good job and could cope easily with the repayments.

 

At the beginning of 2006, My circumstances changed unexpectidly and i was unable to cover the minimum payments for a debt of almost £12.500 , I struggled paying what I could for about 6 months and then had to stop paying altogether due to priority debts being more important.

 

I got chased for money for about 3 months and didnt hear nothing from them after this.

 

At the beginning of last year (2010), i started getting letters from a company called Equidebt saying that I owed £15.800 for an old MBNA debt, I did not reply to the letters as I had no disposable income to offer any repayments.

 

In about September of last year, letters started coming from Weightmans Solicitors on behalf of Equidebt, I decided to send them a CCA request to see if they had a copy of my original agreement.

 

They responded to the CCA request (3 Months later) in December 2010 saying they enclosed a copy of the legally documents, but all they had sent me was a copy of my original Credit Card Application form from MBNA which i completed in 1996, they had also enclosed a seperate page of terms and conditions which is hardly readable and does not include my details in the customers name / address section.

 

They have now written again to me today saying that if i dont contact them with an offer of repayment within 7 days, then they will start court action.

 

My questions are:-

 

Is the Application form they have sent for my CCA request likely to be enforcable ??

 

Am i able to challenge the amount they are claiming is wrong, as it is £3000 more and must be made up of interest and charges on the old account ??

 

At this late stage, am I able to look at getting the PPI reclaimed back on this account, It was added when i took the card out Automatically and i was never asked if i wanted it (not even detailed on application form) ??

 

I am not trying to avoid paying this account, just looking for advice on how to deal with it and possibly reduce the amount owed (by claiming back charges / PPI).

 

Any advice would be appreciated as Im really worrying over this.

 

Steve

[steve15640]

Hi All,

 

I am after some advice on dealing with the following:-

 

In 1996 I took out a Credit card with MBNA, Over the years the credit limit grew quite large and I mistakinley used it to its full potental as I had a good job and could cope easily with the repayments.

 

At the beginning of 2006, My circumstances changed unexpectidly and i was unable to cover the minimum payments for a debt of almost £12.500 , I struggled paying what I could for about 6 months and then had to stop paying altogether due to priority debts being more important.

 

I got chased for money for about 3 months and didnt hear nothing from them after this.

 

At the beginning of last year (2010), i started getting letters from a company called Equidebt saying that I owed £15.800 for an old MBNA debt, I did not reply to the letters as I had no disposable income to offer any repayments.

 

In about September of last year, letters started coming from Weightmans Solicitors on behalf of Equidebt, I decided to send them a CCA request to see if they had a copy of my original agreement.

 

They responded to the CCA request (3 Months later) in December 2010 saying they enclosed a copy of the legally documents, but all they had sent me was a copy of my original Credit Card Application form from MBNA which i completed in 1996, they had also enclosed a seperate page of terms and conditions which is hardly readable and does not include my details in the customers name / address section.

 

Weightmans have now written again saying that if i dont contact their client (Equidebt) with an offer of repayment within 7 days (Which is today), then they will start court action immediately with no further contact, which i am dreading !!!!

 

My questions are:-

 

Is the Application form they have sent for my CCA request likely to be enforcable ??

 

Am i able to challenge the amount they are claiming is wrong, as it is £3000 more and must be made up of interest and charges on the old account ??

 

At this late stage, am I able to look at getting the PPI reclaimed back on this account, It was added when i took the card out Automatically and i was never asked if i wanted it (not even detailed on application form) ??

 

I am not trying to avoid paying this account, just looking for advice on how to deal with it and possibly reduce the amount owed (by claiming back charges / PPI).

 

Any advice would be appreciated as Im really worrying over this.

 

Steve

[dx100uk]

get a copy of your CRA file

 

lets see what that says.

 

yes you can reclaim all the charges & yes you can reclaim the PPI

 

as for their letter

 

i think you will find it says 'may' start court action not 'will'

 

std thread-o-gram.

 

i would certainly NOT go down the route of ever hoping the CCA is UN-EN

thats out the window now - and obv you've had the money too

 

dx

[steve15640]

Hi, Thanks Dx for your comments.

 

Yes got a copy of my credit report, it states that the money is owed to Equidebt for the same amount they are claiming, they have marked it as defaulted in March 2008.

 

Why would it be to late to look into if the CCA is enforceable or not ??? Is there a time limit on noticing this ??

 

What steps do i need to take for the PPI reclaim and charges reclaim etc ?? Do i write to original creditor (MBNA) or to Equidebt who have brought it.

 

Any help appreciated

[diddydicky]

if what they sent you is not "easily legible" then they have not complied with s78 and may not enforce (although they COULD start proceedings)

 

are there any prescribed terms on the application form

 

is there any reference to the terms and conditions on the signature page of the application form if so what does it say

[steve15640]

I guess I need to send an SAR off, but who does it go to, Original Creditor or Equidebt ??

[maroondevo52]

Hi,

 

Send the SAR to the Origional Creditor.

[sillygirl1]

When did you last make a payment on this account as it might be statute barred, which starts from the day after the missed payment.... they may waffle that as you have made contact the clock starts ticking again but they are very wrong in that assumption.

[themadcap]

Steve, you need to read up on the Waksman ruling as per your CCA issues, there are still possibilities but not the easy process it once was and I would not rely on it being unenforceable in court, you would be better looking at charges refunds plus interest at your highest APR.

It would be advisable to find out who owns the debt MBNA or Equidebt as equidebt may well struggle to reconstitute your credit agreement.

Hi, Thanks Dx for your comments.

 

Yes got a copy of my credit report, it states that the money is owed to Equidebt for the same amount they are claiming, they have marked it as defaulted in March 2008.

 

Why would it be to late to look into if the CCA is enforceable or not ??? Is there a time limit on noticing this ??

 

What steps do i need to take for the PPI reclaim and charges reclaim etc ?? Do i write to original creditor (MBNA) or to Equidebt who have brought it.

 

Any help appreciated

[steve15640]

Thanks Madcap,

 

As far as I know, it is now owned by Equidebt, thats what the CRF states and it was them i sent the CCA request to, they subsequently replied 3 months later with a copy of my application form.

 

Is it worth me sending them an SAR to begin with, or shall i send to MBNA??? I Can then work out the charges etc and how much ive paid in PPI which was just put on the account, I will then ask for advice on the next steps.

 

Steve

[dx100uk]

sar the oc

 

dx

[liquidauctions]

adding up the charges and PPI if you have it for a 12 year old account will put a serious dent into the balance you owe

[landy_alert]

Hi Steve,

 

Just to add to what the other guys have said - if it turns out that MBNA have sold the account to Equidebt, it may also be possible to reclaim both charges and PPI from MBNA in the form of a cheque - I speak from experience here on a similarly defaulted account - and then you can utilise this refund to negotiate a reduced Full and Final settlement with Equidebt............again I did this and they accepted 20%. Obviously this is much further down the line than where you are right now, and were you to take the F&F route the wording of your correspondence has to be water-tight of course, which the guys here can help you with.

 

Good Luck with this,

 

Landy x

[steve15640]

Thanks for your help guys and gals, SAR in the post to MBNA Monday !!! Will update when and if they send me all the info !!!

 

Just hope i dont get a County Court claim in the meantime.

[steve15640]

Hi All, Update,

 

SAR sent today to original creditor MBNA.

 

Letter in Post today from Weightmans, they state that they have today issued County Court proceedings against me, I will shortly receive a claim form and response pack from the court, which i need to complete and return to THEM if i wish to make an offer of repayment.

 

They state that if no suitable offer of repayment is made, then they will enter a Judgement against me and proceed to enforce.

 

Help and Advice needed Guys !!!! ???

 

Has this put a halt to my charges and PPI claim route ??

[dx100uk]

load of cobbers!!

return the claimform to them!!

it goes to the court nothing to do with them

 

and NO even if this is going down the court route

there's nowt to stop the charges & ppi claim

 

i'd love to see that letter

 

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

 

prob a vailed attempt to intimidate you into paying..

 

please answer the question in post 6

 

 

dx

[pt2537]

Hi, Thanks Dx for your comments.

 

Yes got a copy of my credit report, it states that the money is owed to Equidebt for the same amount they are claiming, they have marked it as defaulted in March 2008.

 

Why would it be to late to look into if the CCA is enforceable or not ??? Is there a time limit on noticing this ??

 

What steps do i need to take for the PPI reclaim and charges reclaim etc ?? Do i write to original creditor (MBNA) or to Equidebt who have brought it.

 

Any help appreciated

Limitation is a difficult matter with improperly executed agreements, as unenforceability cannot be barred by limitation. What i mean is that you cannot be barred from raising that point.

 

If there was PPI then you need to properly consider the circumstances of the PPI selling as this can lead to unenforceability, you could review London North securities vs Meadows as this sets out the issues helpfully, also Wollerton vs Blackhorse and i took a case to trial also which is reported elsewhere along with the whole Judgment, the case was vs Link Financial Limited where the Court said that the agreement was irredeemably unenforceable.

 

I would suggest following both avenues personally, but also id suggest that you may want to weigh up the pros and cons, as you may recover a small amount of PPI but if the loan was a substansial amount, then you may wish to look at the other option of irredeemable unenforcability which could declare the loan unenforceable, on the other hand if they do sue you you would plead both points to cover both bases,.

[steve15640]

Hi All,

 

Cant rememeber when last payment was made, just checked my CRF and it shows last payment as June 2006, sounds roughly the right time.

 

I will be able to confirm once i get the SAR back from MBNA.

 

Scans of letters and agreements to be uploaded tomorrow for your views.

 

Thanks again for all you help.

[steve15640]

Copies of what was received after my CPR request,

 

One Application form and one set of terms and conditions on a seperate page.

 

Also copy of letter received last week.

Your views, advice and opinions are welcome please guys ........

 

Anyone .....

Steve 002.pdf

Steve 001.pdf

Steve.pdf

[themadcap]

Steve,

I would not start to panic, the letter from Weightmans has some very strange comments

" we will enter judgement and proceed to enforce",

 

 

I was always under the impression that a judge enters judgements not a solicitor,

I would also be of the impression that you would be allowed to defend any claim against you

but Weightmans think they are Judging in this claim.

 

I would wait to receive the claim form and print it on here for assistance.

 

 

Also their insinuation that they will decide what offer will be acceptable in nonsense the judge hearing the claim

would decide if your offer is acceptable.

 

It may be another scare tactic and there may not be any court claim in motion so give it a few days as usually takes about 5 days to receive notice of issue.

[dx100uk]

the steve.pdf is rather alarming

there are lots of things in there that they are not allowed to imply or for them to decide upon, they are not the judge!

 

i'm sure the ICO would love to see a copy of that!

 

dx

[steve15640]

**UPDATE **

 

I have just received the County Court Claim form in the Post Today.

 

(very suprised at this as they have not put my house number on the address and it was just addressed to my road name, lucky the postman knows what number i live at).

 

Any how, not sure where to procede from here, I am Still awaiting info back from my SAR to MBNA Bank (Original Creditior) as want to claim back PPI and charges etc.

 

Amount on Court Claim form is for the amount which was on Card (Balance inc PPI and Charges etc) and a court and solictiors fee, the Particulars of claim seem to cut off half way down the page mid sentence whilst explaining about a default notice ??

 

Do I admit the whole amount or part of the amount while looking at getting these charges refunded ? Or do I defend ?

 

Your advice please guys ....

[liquidauctions]

Did you tell them the amount was in dispute untill the PPI issue was resolved?