1st Credit/mbna... Applying For Finalcharging Order. Advice Please

[stan5131]

Yes. Send out the SAR and CCA. This will put the debt in dispute. Then write to the courts asking for more time and giving the reasons. Hopefully, the charges will considerably reduce the debt or maybe even wipe it out.

[stan5131]

I live near you, so if it does go to court, would be happy to be your buddy.

[stan5131]

The point is that TH has been continuing to pay this debt, so there is little point in the creditor seeking a charging order. Also, the reclaimable unlawful charges may just about if not entirely wipe out the debt.

[stan5131]

Gravitas, not really sure how your post is helping TH! The issue here is that the debt will most certainly be made up mostly of unlawful charges. Once ascertained, I doubt there will be much of a balance left worth the effort in seeking a charging order.

 

TH is not trying to evade her responsibility of any debt that she owes, though at this point, the amount she owes is questionable. This site is not about helping people shirk their responsibilities but making them aware of their rights which have been abused for far too long by the debt/credit industry.

[stan5131]

Hope, dont think there is one. You just need to write to the courts saying

 

Dear sirs,

 

Case no:

Hope v xxxxx

 

Please note that in regard to the above case, this debt is now in dispute pending receipt of a Subject Access Request under the Data Protection Act 1988 from the original debtor. Part of my defence is that the majority of the debt is made up of unlawful penalty charges which are unenforceable under UK law. I am also awaiting a reply from the claimant as to my CCA Request under the Credit Consumer Act 1974 as they have not yet supplied me with a true copy of the original agreement together with the proper documentation ie deed of assignment/proof of their entitlement to claim this debt.

 

I am asking that the courts grant a postponement of 40 days in order that I may receive the above and allow me to make a proper defence.

 

I would be grateful if you would attach this letter to my case file for the attention of the Judge.

 

Yours

[stan5131]

Hope. It would be a good idea to pm joncris. He is a lawyer and will wider knowledge of the court system and your chances of getting a stay.

[stan5131]

Hope. He always takes a long time to get back, sometimes a couple of days. He is very busy looking after and helping lots of other on this site. Just wait, he will answer.

[stan5131]

Yes. No paperwork - not debt. Dont worry.

 

Did you send £10 cheque for each account with SAR? Its just that they might come back with that one, but not necessarily.

[stan5131]

Dont worry, if they dont, we'll ask for another postponement.

[stan5131]

First port of call is to make a complaint to the Information Commissioner for non compliance. You can download the complaint form from their website. Also write to MBNA and tell them you are complaining to Information Commissioner and will issue court action against them for non compliance.

[stan5131]

Thereshope. Sorry not been around, but have been away on holiday. Just catching up with your thread. So much has happened while I have been away.

 

Battleaxe has given good advice. You really need to use a solictor who is au fait with Consumer Credit Act and Data Protection Act.

 

I wish I could have been there with you.

[stan5131]

Thereshope... did you get fax ok?