Mbna Making Husband Ill

[LEYLA]

Have already got a pretty long thread on MBNA to do with this case.

 

Originally account with BOS, then MBNA took over. Even though account in dispute over charges, MBNA involved four debt collectors.

Hubby was paid his charges 2yrs ago, but we challenged default and continued to send DC "do not acknowledge debt" letters. Again, in 2008.

 

All has been quiet, and to be honest, due to ill health etc, we basically forgot about this lot!

Anyway we recently received a claim via Northampton (CCBC). Unfortunately, we had been away, so we only had a couple of days to acknowledge service, which we did online. However, I must admit, that this has totally thrown us, and we've barely been able to think of anything else since!

 

Thankfully, a forum friend on MBNA came to our aid, and suggested we send a short two paragraph "embarrassment plea" for the defence, in the interim. This was sent on Thursday (Wednesday 26th is last day).

Meantime, I've also posted off to Global, a CPR 31.14 request - went yesterday, & SAR to MBNA.

However, I'm concerned!! The deadline will have expired before I'm likey to hear anything from the claimant. Should I be contacting the court?

Hope someone with some expertise can advise, as I'm a total novice in this area.

 

LEYLA

[harrassed senior]

Not my area, but this will bump you up.

 

Did you explain to the Court that you had been away and just got the claim, it may be that you could ask for more time to submit a defence?

[LEYLA]

I'm going to contact court tomorrow, just incase there's anything official that has to be done.

I really don't want to give up any of this without a fight, as these companies have made our lives unbearable at times. However, my health isn't great, and even though I've been reading and learning what I can; I'm not confident with what I've already sent out, and how to prodeed further. I REALLY don't want to mess this up!!!

 

Any enlightenment would be reassuring to me. Anyone????

Leyla

[MARTIN3030]

Thread moved here.

[LEYLA]

HELP!!

 

Have tried all morning to contact court, but continually busy. Every time I phone back, I'm put to the bottom of the que - 26 - last time!! I'm disabled and can't stay hanging on the phone forever, let alone the cost.

 

Thought I might be able to contact them online, using hubbies claim number and password, as I did when we made initial Acknowledgement, but doesn't work. What am I doing wrong?

Can anyone advise on next move, I'm feeling physically sick with the worry.

By the way, my thread on MBNA was "MBNA Making Husband Ill". Sorry, don't know how to link it to this thread. It has all the agreements, letters and story from 2007 to present date.

Many thanks

LEYLA

[maroondevo52]

HELP!!

 

 

By the way, my thread on MBNA was "MBNA Making Husband Ill". Sorry, don't know how to link it to this thread. It has all the agreements, letters and story from 2007 to present date.

Many thanks

LEYLA

 

LEYLA,

 

I've merged the thread you mention with this one.

 

Regards.

 

Scott.

[LEYLA]

Many thanks for linking the two threads together.

LEYLA

[LEYLA]

A quick update:-

 

Eventually got through to court (15th attempt)!

Arrow Global had put through request for judgement 6 days before initial defence arrived. However, it was received before the deadline, and I don't have to worry about sending anything further until they make their next move.

I suppose I should feel relieved, but why can't I stop shaking:confused: and being a complete wimp???

LEYLA

[bazaar]

Hi Leyla,

Try not to worry too much, you'll get help, many have been through what youre going through, Most if not all have come out the other side ( Fully enlightened ).

If you can, try to get organised, put all letters in order in a folder, so you can reference it all.

As youve said its now up to them to make the next move.

 

However, now that youve sent them a CPR 31 request, stick to your timeline, NOT theirs.

If they fail to provide you with docs, then ask the court to order them to, via application.

Lets see what they send

[LEYLA]

Many thanks Bazaar,

 

I really appreciate the support. Just all seems a bit overwhelming!

When I read other member's threads, most seem very confident and assured about what they are doing. I read the sticky's and keep hoping everything will start making sense to me, but at the minute, feel more confused than ever. :???:

 

Really hope I get to "grips" with it all asap, or hubby and I could find ourselves "sunk without a paddle"!!

 

LEYLA

[bazaar]

We've all been there, dont worry it'll all come good in the end.

First theres the fear, then the anger, once you get past these, you can take things step by step.

 

Remember, ask questions, no matter how silly you feel they are, no one here will think bad of you.

You may well ask a question that someone else is thinking to ask, so in turn you sort of help out.

 

No situation is the same.

[LEYLA]

Been away looking after Grandchildren. Arrived back yesterday to find following letters waiting for us.

 

Thankfully, embarrassment plea already in and accepted by court.

Do I let Arrow have longer to get info together, or should I continue to next stage?

 

LEYLA

[LEYLA]

Hi Folks,

Arrow Global have now made their move, and requested for stay to be lifted.

Over last couple of months, we've received various documents that we requested from MBNA, and last month Global sent the following:-

 

Court documentation as follows:-

 

Please can someone look at this for me?

LEYLA

[bazaar]

OK, you need to start debunking their statements.

They admit causing the delay, did you suffer ( Yes is the answer), You need to list the correspondance you sent and they ignored during the CPR process, also ignoring the court.

They have issued a recon of the agreement, so get your head around arguing against this, request via CPR the original agreement if this was governed by CCA 1974.

The later versions of CCA allow a recon, previous do not..

Also check if they can operate a claim from Guernsey,

[LEYLA]

Thanks for helping Bazaar, really appreciate it.

 

The original agreement is shown on posting 103. The requests made this year in defence, have arrived in "dribs & drabs." We did get another copy, which is filed, but I don't think it was of any better quality than the previous one.

What I didn't scan with docs in last posting, is the following:-

 

The application to lift the stay must be heard on notice to the defendant. Transfer the action to the defendant's home court.

This order has been made without a hearing under the Courts case management powers contained in the Civil Procedure rules Part 3.

You may within 7 days of the service of this order, apply to set aside or vary the order under Part 23 Rule 10

You must file with the court, and serve on the other parties an application that sets out your reasons for the objection.

A fee is payable upon the filing of the application.

Last page:

To all parties.

As a result of an order made on 6 December 2010, this claim has been transferred to the (our local County Court). As per the district Judges orders.

sorry, but here comes the silly questions!!

Firstly, the date was the 6th and we didn't receive this until Saturday11th. Has the time line expired?

If this has now been moved to our local county court, does anything we submit have to be sent there, or would we file an application online as in earler stage?

Do we mention how many times we requested proper docs etc from 2007, until MBNA caved in and paid charges?

I'm thinking they may be fine in making claim, as all docs concerning the claim have to be sent to ARROW GLOBAL, in Manchester.

I'm trying to keep calm, but a bit flustered as I'm never sure how to word things, especially if it's anything official. Would be so grateful for ongoing help/assistance.

LEYLA

[bazaar]

youre original defence will most likely be the same, IE illegible docs,

You should hear from your local court as to time frames now, so lets get the ball rolling with what you need to do.

Did you receive all the info from your CPR requests? If not, lets get them listed here.

[steven4064]

They have issued a recon of the agreement, so get your head around arguing against this, request via CPR the original agreement if this was governed by CCA 1974.

The later versions of CCA allow a recon, previous do not..

What Bazaar has said is basically true. Unfortunately, courts are allowing reconstituted agreements and recent evidence is that they will not order an original under CPR either. There was a case in the last couple of months where a consumer was told (I think by the court of appeal, although it may just have been the high court) that they were not entitled to an original coopy having been sent a reconstituted one. THe grounds were that a reconstrituted agreement is all that is required under s 78(1) of the CCA 1974.

[LEYLA]

Hi Bazaar,

I sent an SAR to MBNA. Their cover letter is dated 30th June.

 

Enclosed:-

1) Computer print showing

1a) " 17 06/10 - SAR Recd in CAO no data held. Note added by C1M for Admin Team.

29/6/10 - HBOS statements ordered for S7 Cust RQST."

1b) Customer's security details.

1c) "22/6/10 - Customer Goodbye letter actioned

23/6/10 - S77-78 T& C Requested by Vendor

24/6/10 - CO &F MR (hubby) Terms and Conditions letter

24/6/10 - CO &F Requested for customer."

 

2) Credit Card Agreement Regulated By The Consumer Credit Act 1974. Hubby's name and address computer printed on.

3) Communications log.

* Have noticed that MBNA definately sold debt to Arrow whilst account was in dispute. December 2007!!

 

2nd July>

MBNA send out copy of original Bank of Scotland application form.

 

6 July>

Further printed Memos, plus copies of letters sent between May & June 2007.

 

8 July>

Statements from May 2004- March 2005 when account was sold by BOS to MBNA.

 

I can't see any copy of the default, which was asked for. Also, it seems strange that the letter of assignment to Arrow Global should be dated in June?

LEYLA

[LEYLA]

Hi Steven,

I was wondering about that, especially with this account having been originally with Bank Of Scotland, before MBNA taking it on.

At the end of the day, if we have to eventually make some sort of payment plan, then we will.

Just don't want to make it easy for these "gold diggers!"

LEYLA

[bazaar]

Look into S61, this may force an admission that they dont have the original

[steven4064]

In the present 'climate', not having the original may not matter too much. Courts are more interested in whether you had the money or not. If you did, they don't seem to care about any of the paperwork

[LEYLA]

A fifteen minute hearing at local court taking place in just over a week. What do we need to prepare ourselves with?

[pt2537]

The judgment being handed down on monday may help you here, as it seems that MBNA have overstepped the line as they did in the case we took before the High Court.

 

There may be an argument to have the court refuse the enforcement order.

 

My hands are tied until the judgment is handed down

[LEYLA]

I have no idea what to expect on Monday. I'm also afraid that I've gone wrong with the process somewhere along the line. Most specifically, the defence put forward upon receiving the claim was an "embarrassed plea". We have never sent anything further to the court. From reading other threads, it would appear that this should have happened. Have I made a mess of things for hubby, before even setting foot into court??

I'm absolutely terrified, although trying not to show it. In poor health anyway, but have been very ill, requiring hospital attention over the past fortnight. Suspect partly due to the stress of this hanging over us!

 

I would really appreciate any advice or specific thread lead somewhere, which will give me some clarity and focus.

Hope someone can come to my aid.

Leyla

[frettful38]

Hope this cheers you up and the judgment that PT was referring too

 

http://www.bbc.co.uk/news/business-12622318

 

http://www.bbc.co.uk/news/business-11991536

 

http://www.bbc.co.uk/news/business-11819036