MBNA, CCA received 5 mths after request! Requests for payment and threats aswell

[Fullyskinted]

Indeed it is! The AQ was due in on the 10th Aug apparently (oops) so the extension is until 4pm today.

 

Yes, I do need a copy of the POC.

 

Apprently the FOS (as I called them today) ruled it was all OK for MBNA to rip me a new A hole in June 08. But I dont recall any correspondence to reflect that... they just told me today. THey said they would open the archive and find out what went on. Apprently they didnt hear form me with any dispute over the outcome, so case closed.

[Rhia]

Actually an allocation questionnaire is pretty straightforward you could just complete it and where it asks for further info you could state to follow on.

 

It's a bit a A about F but you could get this in and get the POCs and work on them for your defence.

[steven4064]

Just get it in - we can deal with other issues later - see http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-

 

Don't bother with directions, you probably haven't time

[Fullyskinted]

Thanks all. Ive finally found the AQ, which is a start!

[steven4064]

The court closes at 4

[Fullyskinted]

Well, I got it in by 4. Thats the main thing. Probably fcuked it up, but What the hell. I can follow it up like you say...

[steven4064]

Well done, had us worried there

[MondeoST24]

How did you get an AQ without putting a defence in?

 

Can you post your POC, i'm very interested in this thread as i'm in exactly the same boat as you. Scary stuff

[Rhia]

Good effort. I am reading between the lines a bit here but you mention FOS so did you put this into their hands for investigation? I know it takes a long time.

 

The thing is, even if they find against you, you are still at liberty to take court action.

[Fullyskinted]

I basically have totally lost track of this, moved rooms about and now cant find anything! Incl all my paperwork on the case!

I had to put the AQ in, asked for a stay again (for time!)

THe FOS paperwork went in in Jun 07. And apparently they had 'dealt' with it by Jun 08. Ive asked them for copies of the correspondence as I dont recall any of it reflecting the 'case closed'

 

Youre right in the bit about even with the FOS decision, I can still take them to court, but a) it wouldnt look so good and b) the court can still make the debt payable - even if it isnt enforceable.

[Indebt1]

any updates, watching worried!!

[Fullyskinted]

OK, Now Im REALLY worried. Got a letter last week form the Judge. The defence has been struck out" because it discloses no grounds of defence of the claim".

 

I now need to file and serve a fully detailed defence in proper form and which complies with CPR Parts 14 and 22 by 4pm Wed 2/12

If I dont submit this in compliance, I get debarred drom defending and the claimant will be at liberty to enter ofr judgement for claim and costs etc.

 

I have just missed the timescales to have this order stayed or set aside aswell (only just noticed that bit!)

 

I think I need some serious legal advice. Ive had my PC repaired, so can get at all my old files etc now (once i hook it back up) but the main thing is that this isnt making me feel too good about christmas etc, esp as I also have a redundancy looming

 

So, WTF are CPR (I looked and it looked terribly complicated).

 

I have just spoken to a 'financial resolution' type place to see what they say. They cant help me, but they are in agreement that once the acct goes into dispute, no action can be taken , no monies requested and no credit file repercussions are allowed either. THE FSA STILL havent rung me back form months ago and Im REALLY REALLY annoyed about the whole thing now tbh.

[buzby]

You'll need to bite the bullet and get professional representation to fight this, as the prospect of losing are now quite high without full knowledge of the situation.

[Fullyskinted]

You'll need to bite the bullet and get professional representation to fight this, as the prospect of losing are now quite high without full knowledge of the situation.

 

That my thinking too. But who?

[supasnooper]

I've just gone back over your thread and it lacks some detail.

 

What were the Particulars of Claim ?

 

What did you submit for your defence ?

 

Can you remember the details you filled in on the Allocation Questionnaire ?

 

Can you please post up the judges exact order regarding CPR 14 and CPR 22.

 

And it may be wise to seek proper legal representation.

Edited November 18, 2009 by supasnooper
amended CPR number

[pompeyfaith]

subbing and will be back this evening with advice but can u in the meantime give a rundown of what happened in court PF

[Fullyskinted]

Got to go to work now, so Ill try and do it there later on.

 

Particulars of CLaim I got a copy of last week, Im not sure if I have a copy of the defence submitted, but it was done as a last min thing...

[pompeyfaith]

Where is the default notice I've searched the thread but cant see it ?

 

PF

[Fullyskinted]

Who would that come from? MBNA or Optima?

[supasnooper]

The Default Notice served under s87 of the Consumer Credit Act would come from MBNA.

[Fullyskinted]

Hey guys. Just had some interesting conversations with National Debtline. They also have some interesting letters on their site too.

 

OK, I got a copy of the POC sent to me by the court. It reads:

 

The claimants claim is in respect of a credit agreement regulated by the CCA 1974 whereby the Claimant provided the Defendant with a CC and in return the Defendant agreed to pay at least the minimum payment given in the statement. A default notice was served on the Defendant on 21-1-08. The defendant has failed to cpmply with this. The claimants claim of £XXXX.XX is the sum owed plus accrued interest as at 21-1-08. Demand for payment has been made, however the sum due remains outstanding.

 

The guys ar national debtline said I could ideally do with the Data Protection Search thingy (I forget now) - it takes up to 40 days and the creditor have to issue you with everything they have against your account/name. UNfortunatley, I havent done this, so Ill have to base my defence on the basis of unenforcement. He said its a pretty black and white case. So Im feeling slightly upbeat about it.

 

Do you guys think I should put in the Data Protection request thingy with MBNA? I havent corresponded with them for ages!

Also, what does a defense look like? I need to get it in by mid week next week! Gonna speak to CAB aswell today. Hopefully they have some local guys that I can go see about it and setting up a defence team.

 

Thoughts?

[Fullyskinted]

Well, just did an all nighter and got a defence together. Think Ill post up later on as Im about to drop it off at the court and then come home and go to bed!

 

Bit surprised I didnt have any comments between this post and the last one tbh, but there you go. I havent been posting as much as some of the similarly started threads, so I guess thats why. I ended up using a couple of defences off of here and making them fit. Lets hope it works out OK.

 

Also wrote a letter to go on my file outlining some of the history about how this came about and why I started with the CCA request in the first place.

[amber]

Fullyskinted, it may be a bit late but I would definately send them a SAR in order to see all the information they have on you. I have received mine today and it contains lots of useful info, comms log, transactions, cca (unenforceable), its still incomplete though (and this is the second time requesting the info) they still only send me info back to 2003 when I want all info back from 2001 when I opened the account. Sorry, I cannot help with your defence as I am not at that stage yet, but regardless, get a SAR in the post to them with a postal order for £10. Advice is not to send a cheque, so they don't 'lift' your signature. Don't sign your name on the letter also, just print it in block letters. Also, send a request for your CCA if you have not already done so. Good luck with your defence, I have my fingers crossed for you. x

[Fullyskinted]

Hi Amber, if you look at the initial post on this thread, this was the first thing I did way back in Jan 2007. They didnt send me anything other than past statements though, so Ill send another one I think.

 

GOnna piece together a CPR request too, once I work out which is the most relevant

 

ALso found the paperwork I was missing today. But thinking about requesting a copy of all correspondence from 2006 when this all started. Making sure I have a copy of everything for my case file/reference. Amongst some of the paperwork are claims to owning the debt by at least one, maybe TWO DCAs! BUt nothing was ever send to me about this assignment! Good job I put on the defence about the possibility of submitting an ammended defence!

[amber]

Sorry about that, serves me right for jumping straight to the end of your thread for the latest updates! Good news though that you found your missing paperwork. Entirely your call about requesting a copy of all correspondence from 2006, but why not, you have nothing to lose, so go for it, anything that will help your defence. I'm quite a way behind you in my case with MBNA but I'm sure I'll soon be in a similar position. I've had my CCA back, its a load of crap and looks to be unenforceable, the PPI box is ticked on it, I never ticked it and I was paying it out for a few years then it suddenly stopped. I opened the account 9yrs ago, sent SAR twice now, had SAR response twice only sending 6yrs docs and not much else. So its going back to them again. In the meantime, I've reported them to the ICO. When you get your SAR back you should be able to see who 'owns' the debt and also if there are any copies of any letters purporting to inform you of said debt assignment. Let them prove it.