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    • I believe it is helpful to seek guidance from a range of places and decide on the validity of the sources and frequency of responses which are most helpful. A single voice can be a dangerous thing. As, of course, can groupthink. Scott, it feels like £4k on a solicitor for a £1.5k bill is overkill. Were we back in time I'd suggest small claims court as your claim sounds like it may be straightforward? By all means add that phrase on. I also suggest you contact the court and go and sit in on a couple of similar cases to get a better understanding before you shell out.
    • a card should be 16 digits...urm... note your dates above please. do not miss them no matter what happens  ......................... pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northamton, civil national business centre Name of the Claimant ? PRA Group Uk Portfolios ltd. How many defendant's  joint or self ? self Date of issue –  21 May 24 date of AOS - 07-06-2024 date for filing defence by - 21-06-2024 Particulars of Claim 1. The claimant claims the sum of £5600 for an outstanding debt owed. 2. On Mar 2000 the Defendant entered into an agreement with Barclays Bank Uk PLC for a credit card under reference ( 11 digit ref ). 3. on Mar 21 the defendant defaulted on the agreement  with an outstanding balance of £5600. 4. On Aug 21 the debt £5600 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on Dec 23. 5. Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925. 6. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND THE CLAIMANT CLAIMS 1. The sum of £5600 What is the total value of the claim? £6100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - just emails threatening action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? no Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card   When did you enter into the original agreement before or after April 2007 ? before - in 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't recall - I suspect post / online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? am awaiting access - but I suspect it is    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. assigned - debt purchaser has issued the claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Pretty certain - Yes   Did you receive a Default Notice from the original creditor? pretty certain - Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? there's been gaps - they went very quiet  Why did you cease payments? Covid lockdowns  What was the date of your last payment? i thought it was 2020 - they say 2021 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 management plan? no
    • Sorry, I'm slightly confused. The moneyclaims dashboard is the only thing (I think) I have access to.  
    • no go to OCMC and download the transfer order and post it here.   be quick we dont have a lot of time
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AndymanUk v MBNA ***SETTLED***in full


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:D Hi

I didn't start a thread originally 'cos this was only for £599.95 (I have a Barclays case about to go to court for £4900, which is much more juicy)

 

Started letters back & forth with MBNA back in Feb. They sent me a cheque for £210 as an offer, I didn't expect this cheque, it cane out of the blue, however, I wrote back a snotty letter and said I wanted the full amount or nothing else, I explained I would keep the cheque, and they could just send another cheque for the balance.

Had to wait a few weeks, but got a letter back today from Rachel Claridge, assistant vice president, stating that they will be sending me a cheque for the balance £389.95 in the next few days, and consider the matter closed.

To be honest MBNA have been the easiest to deal with out of my 3 case (Barclays, RBOS, & MBNA).

Anyway , good news !!

Keep on...

 

:) :) :) :)

-------------------------------------------------------------------

:cool:

In the words of QUINCY JONES:

" It's not about your acheivements in life, it's all about the journey getting there...."

.

I got my Peices of Eight !;)

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Good stuff AndymanUK! :D I've just sent off CCA/S.A.R to MBNA on behalf of my hubby. No idea how much the charges will be but would be ecstatic if it went through as simply as yours. If i get stuck i'll add to this thread, so keep your eyes open!!:o

 

Good luck with the other cases :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Well done andy!! If only everyones claim was so simple (sigh).

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Simple ? well maybe, thats subjective, it did take 4 snotty letters, a few phone calls, and about 4 months, but yes, relative to my other cases, it was indeed, easy to get my money back from MBNA. I'm having abit of a nightmare with RBOS who are just blankly refusing to budge from the £37 !! they are offering me , ha ! but even though it will cost me, I will take it to court, because I know will get it back..;)

 

In my humble opinion, one cannot underestimate the power of having all of your bank statements (i.e. not having to ask for them), without sounding smug, I've always kept all mine, so when I presented the evidence to them, they were not able to use the stalling tactics, thet they seem to with most people, (i.e. claim to have lost letters, correspondence etc,etc..)

I think they are told to start off by assuming most people are idiots who are just trying there luck, with no balls to finish it.

When they see that you are prepared to fight for your money, they put your case on to another pile, marked 'will settle eventually' , and then the outcome is inevitable, it's just hard being patient and waiting for it all to filter through...

:) :) :) :)

-------------------------------------------------------------------

:cool:

In the words of QUINCY JONES:

" It's not about your acheivements in life, it's all about the journey getting there...."

.

I got my Peices of Eight !;)

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BTW thanks for the support..

 

when i get my 3 cases wrapped up, I will be making a donation to this site, for all the help and encouragement..

 

Go CAG !!!:D

-------------------------------------------------------------------

:cool:

In the words of QUINCY JONES:

" It's not about your acheivements in life, it's all about the journey getting there...."

.

I got my Peices of Eight !;)

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Share on other sites

BTW again

 

I forgot to say that the claim include a fair amount of compound interest which I worked out using the calculator on Martins website (moneysavingexpert)

so it wasn't just the standard 8% interest, it was a lot more !

i think MBNA just couldn't be bothered working it out !

:p

-------------------------------------------------------------------

:cool:

In the words of QUINCY JONES:

" It's not about your acheivements in life, it's all about the journey getting there...."

.

I got my Peices of Eight !;)

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  • 3 weeks later...

:o You won't beleive this story:

 

I got full settle from MBNA, sent to me in two cheques about a month ago. Everything was fine...then....

I decided to deposit them in an ABBEY business account which I hadn't used for a few months to keep it separate from other stuff etc..

So, as Abbey don't allow you to deposit business cheques over the counter, I sent them in the post to Abbey in London.

Rang to check they were in there OK, and got told that the account had been closed since January, and the cheques have most likely been destroyed, as per their usual system for closed accounts. Asked why they had closed my account, they said because of inactivity on the account, and they had sent 3 letters and made one phone call to inform me, but without any reply, so they closed it.

Turns out they were using my old house address (moved 2 and a half years ago) and had been sending stuff there (crazy, as I have 4 other ABBEY accounts and a mortgage with Abbey, and they've always used my current address, so why would they do that), anyway, it seems that I have to re-apply for a new account, and they still don't know where my cheques are !!!!

I have been in touch with MBNA as I will probably have to stop the cheques, and get them re-issued. Luckily I have found MBNA really good to deal with and have been the best out of all the banks, so it shouldn't be too much of a problem, i hope...

 

Just thought I would tell the story, as I am probably the first in the history of CAG to spend months getting charges back from a bank only to have them lost by another BANK !!!!!!!!:eek: :eek:

 

I really do hate ABBEY they are the most dissorganised bank I have ever dealt with.

-------------------------------------------------------------------

:cool:

In the words of QUINCY JONES:

" It's not about your acheivements in life, it's all about the journey getting there...."

.

I got my Peices of Eight !;)

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Cheques are not normally destroyed.They are returned to the customer. Not having that one.

If they could not trace you (ahem , I assume they still had your phone number), and should have tried tracing you on their system (your accounts should also have been linked).

At this stage , they would have then returned checks to drawers branch, saying they are unable to trace payee.

Something very wrong there.Ask them to confirm their course of action in writing, including the destruction of the cheques, and their reasons for not making other attempts to trace you.

Then complain

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Andyman

 

Just be careful, my hubby also received full settlement from MBNA around same time as you. Cheque arrived 2 June, returned unpaid to our bank by MBNA. Our bank has informed us that MBNA flagged the cheque as potentially fraudulent, what does that mean? MBNA insist the cheque has been paid, have been trying to get answers all week, Colin Pugh was to ring hubby back today and guess what, no phone call? Don't know what is going on, up to date statement arrived yesterday which does show refund, guess court will have to sort it out.

 

glav

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thanks bally & glav

i have already gone through the complaints procedure at Abbey, and have a person assigned to me for my case, however the cheques still remain lost. They suggested that rather than destroying the cheques, sometimes misc. deposits are stored in a temporary ledger account, (i.e. if you don't claim it, they will keep it !) I asked that if they did this, surely they will have a log of the payments made into this account ( after all they are a BANK ?) but that seems to be too complicated and they are just random deposits, and we have to prove our case that it is our money before they give it back . I would understand all this if it was my fault, but this is purely down to the lack of organisation at Abbey, why should I have to prove anything ?

I am also a bit concerned now, considering Glav's problem with unpaid cheques,

these banks seem to be more like gangsters than high street organisations.......

 

we shall see......

 

I'll keep my money under my mattress in future, it's safer !!!!:lol:

-------------------------------------------------------------------

:cool:

In the words of QUINCY JONES:

" It's not about your acheivements in life, it's all about the journey getting there...."

.

I got my Peices of Eight !;)

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Share on other sites

glav

 

what happened with your cheque ?

 

is it sorted out ?

-------------------------------------------------------------------

:cool:

In the words of QUINCY JONES:

" It's not about your acheivements in life, it's all about the journey getting there...."

.

I got my Peices of Eight !;)

Link to post
Share on other sites

Thankfully Andyman, YES!! Natwest actually flagged it as potentially counterfeit and I have to say MBNA, particularly Colin Pugh worked very hard to get it sorted. What about your fiasco?

 

glav

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still a fiasco, still got various people from both sides floundering around, not really acheiving anything.

i'm gonna be patient with this one though, I don't want to risk not getting those cheques back at all!!

-------------------------------------------------------------------

:cool:

In the words of QUINCY JONES:

" It's not about your acheivements in life, it's all about the journey getting there...."

.

I got my Peices of Eight !;)

Link to post
Share on other sites

  • 4 weeks later...

just an update for anyone interested....

 

 

1 month and 3 days later, I still do not have a copy of the cheques from MBNA, and therfore still do not have the cheques returned to me from Abbey, or indeed the money !!!!

 

outrageous, how two banks have lost £600 of my money, and don't want to give it back to me.

 

i think my next step is 'watchdog'

-------------------------------------------------------------------

:cool:

In the words of QUINCY JONES:

" It's not about your acheivements in life, it's all about the journey getting there...."

.

I got my Peices of Eight !;)

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