MBNA C/Card so far with 10 to go?

[icepop55]

Hi all on the MBNA thread.

 

My story so far;

Ongoing-Court stage with CitiCards,First Direct C/C and next: MBNA?

 

* Sept 06 As with all other 10 creditors made through the CCCA an arrangement to pay on my ability (to pay) DMP to help pay all my creditors a pro-rata payment. In MBNA case (£9700.00) £9.36.

 

* Feb 07 MBNA made me an offer to settle the debt. Pay £2000.00 in a lump sum and the rest would be written off. If not aDefault would be registered and the account will be SOLD to a DCA.

 

* April 07 Debt Clear Recoveries & Investigations Ltd had now the debt.

 

* 10th April 07 Sent DCA a (CCA) request.

 

* 19th April 07 MBNA sent me a copy (the original credit card application form) under separate dated postings the 'terms & Conditions'.

 

* 4th April 07 whilst waiting for a (CCA) responce, I sent MBNA a LBA regarding late payments fees (£111.00).

 

* 11th May 07 Sent letter back to MBNA thanking them and would they instead sending a copy of the precontractual application, the actual regulated subsequent agreement?

 

* 8th May 07 MBNA offered me £40.00, a goodwill payment settlement.

 

* 14th May 07 Sent letter back rejecting the offer, but kept the uncashed cheque as a downpayment. I also wrote to say in my original letter informing them I would start legal proceedings within 14 days, and as a gesture of good will an extra 7 days to refund £111.00 by return of cheque.There have until the end of the month?

 

* I will post the 'Agreement' on here. I would like your opinion if this is a true copy or not?

 

* I have not heard anything from the DCA since I requested the CCA?

[icepop55]

mnbacontract001.jpg - Image - Photobucket - Video and Image Hosting

[FANTASY CHARGES]

any update on this ?

[steven4064]

icepop

 

I've not seen your thread before - thanks to FC for bringing it back to the top. The 'agreement' you posted back in May is definitely just an application form and unenforceable by virtue of s59 of the CCA 1974.

[icepop55]

Hi steven4064

My appreciation on your comments about the account. Sorry that I have not got back to you sooner but, I have been waiting until now for further developments so I could string together a fuller picture to be revealed.

 

* 14th June07 Mbna offer £71.00 plus already £40.00 (£111.00) for default charges to settle?

 

* 16th July07 No settlement money sent but, find whilst awaiting response I am penalise by a letter from there DCA dated 12/08/07 an increase of £111.58. It seems MBNA to disguise the none payment has applied it to through the DCA. Sent letter back to dispute this discrepancy and state that the account is now in dispute.

 

*13th Aug07 Recived notice of proceedings from DCA 'debt clear recoveries&investigations ltd'.

 

* 16th Aug07 Sent both (MBNA & DCA) an SAR for addition charges.

 

* 27th Sept07 MBNA sent so called settlement cheque for £111.58?

 

*13th March08 Letter from 'Restons Solicitors' instructed by MBNA for a judgement to be registered against me unless I pay them full amount of £9584.82.

 

I am still paying them under the CCCA Plan.

What can I do when there fail to comply to all that has been done.

 

Please advise.......

[steven4064]

Hi icepop

 

The image of your agreement doesn't seem to be thee any more. However, I commented back in January that it was just an application form and not enforceable. What this means is that, should they take you to court for the debt, the court would not be able to order enforcement or give you a CCJ. You could write and tell them that you are not going to pay anything else because they have not produced a copy of an enforceable agreement. The debt will still exist, but they wil not be able to collect it. Any default they place on your credit file would be unlawful under the Data Protection Act 1998 because they cannot demonstrate that they have your permission to share your data.

[icepop55]

Thanks for reply Steven.

 

I took the MBNA image of the agreement down on advise about security. However, what you have told me, I wonder what the letter to be written to 'Restons' should contain?

Do I state as precisely as you have quoted to prempt there precarious attempt to scarce me and offer as agreed by the CCCA-MDP the money will be set as agreed until......

[steven4064]

Yes, expand what I put into a 'proper' letter.

[icepop55]

Hi Steven

Did to the letter as you suggested and wrote back to 'Restons solicitors'. On Saturday received from 'Northampton' a court sommons. Issue Date 28th March 2008.

Oblivious it seems to the letter I sent them was'nt received in time or totally ignored.

 

I do need help now on how do I go about replying to the sommons?

 

Particulars of Claim

 

The Claimant claims payments of the overdue balance due from the Defendant under a contract dated on or about 03/07/2002 in the sum of 9614.23 inclusive of interest to the date of this summons at 8% p.a. from 13/3/08 to 27/3/08

13/3/2008 Default Balance 9584.82

Post Refri Cr NIL

27/3/08 Interest 29.41

Total 9614.23

 

I await anxiously for reply.

 

Ian

[The Lantana]

As they have issued the clock is ticking. You should...

 

1) Acknowledge service pronto.

 

2) Send the solicitors an adapted version of Tomterm8's 'Request For Information letter' (RFI) by special delivery...

 

Basic Introduction to Consumer Credit litigation

 

3) Phone the court and establish what date your defence is due.

 

4) Get cracking on (i.e. research on this site) your defence. This may be a 'holding defence' if the other side doesn't respond to your RFI in time. Which they may not. Seek help on this site if needs be.

 

5) Ask a Moderator to transfer your thread to the legalities section in the debt action group.

 

Regards

 

 

Lantana

[icepop55]

Thanks Lantana for replying and getting me organized.

* Sent 'Acknowledgment of Service' with intend to defend all of this claim.

* Solicitors will receive by Sp/Del 'Tomterms8's (RFI) on Wednesday.

* Will phone to est.. defence date on Tueday.

 

And as advised could/would please a MODERATOR tranfer this thread to the legalities section in the debt action group if applicable.

 

Thanks again.

[cashins]

Sub. Good Luck

[icepop55]

Hi to all,

 

The defence date has been set for Wednesday 30th April 2008. At this moment waiting for reply (RFI) from 'Restons'.

Looking through threads and it all seems -figure out- stuff. Found I seem is the default notice. Could someone have a look and see if its accurate?

[icepop55]

href="icepop55 - Photobucket - Video and Image Hosting

[steven4064]

Link goes to photobucket home page

[icepop55]

Link goes to photobucket home page

 

If you scroll down the home page and click on the document,a full size should appear.

[steven4064]

Link works now. AS far as I can see it's OK - default notices are not my speciality though

[Safecracka]

Hi icepop

 

I believe the Default Notice is invalid as it should allow 14 days after serving, see the following by pt2537 18 to 20

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/124572-hfc-no-agreement-amended.html?nojs=1#links

 

 

Hope this helps

 

regards

sc

[icepop55]

Hi icepop

 

I believe the Default Notice is invalid as it should allow 14 days after serving, see the following by pt2537 18 to 20

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/124572-hfc-no-agreement-amended.html?nojs=1#links

 

 

Hope this helps

 

regards

sc

 

Hi to all

 

After looking at the above thread I wonder whether (RFI)P/link 10 has any input? Should I not bother with submitting "Holding Case"? as I think.

[icepop55]

Hi to all,

Update, no reply? whats new!!!

 

Its seems I will be sending a 'holding defence' in my application. The two main points are it seems;

 

1) Failure to supply a valid credit agreement.

2) Invalid default notice and penalty charges contained within the default.

 

Is there anything else?????

If thats the case, how do I write this out on the claim form.

[cashins]

Bump

[citizenB]

[icepop55]

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HELP SOMEONE, THIS MESSAGE KEEPS APPREARING ON MY THREAD WHEN TRYING TO ACCESS IT.

 

ICEPOP

[icepop55]

It seems to work itself out??????

[steven4064]

Don't worry IP, lots of people just got it. It will go away. Webby is on the case.