MBNA suing me for 3k

[yugioh99]

hi everyone.just thought id say hello,been looking into this site for months and and found it excellent for help and advice,unfortunately that's exactly what I need now,hopefully some one can help.kind regards

[ostell]

Re: hello all

And the problem is?.........

[yugioh99]

Re: hello all

me and my partner got into financial difficulty 6 years ago,had a dmp and everything was going ok,but eventually with the cost of living,hubby on reduced time at work,fam credits stopping etc we stopped paying in November.We had a large loan with abbey (15,000) which went to court via DLC and judge set it at 80 per month(charged on property) which we pay every month without fail.however I have an outstanding £3,000 cc with mbna which got passed onto arden without our knowledge,and today we have received Northampton court papers from Britannica recoveries sarl-mortlake given me 14 days to reply.Please help us x

[Inca]

Re: hello all

Hi and to LegalBeagles,,one of the good folk on here will be along to help you

[FlamingParrot]

Re: hello all

me and my partner got into financial difficulty 6 years ago,had a dmp and everything was going ok,but eventually with the cost of living,hubby on reduced time at work,fam credits stopping etc we stopped paying in November.We had a large loan with abbey (15,000) which went to court via DLC and judge set it at 80 per month(charged on property) which we pay every month without fail.however I have an outstanding £3,000 cc with mbna which got passed onto arden without our knowledge,and today we have received Northampton court papers from Britannica recoveries sarl-mortlake given me 14 days to reply.Please help us

First of all, don't panic. Before moving forward, there are a few points that we'd need to take into account:

• Did you ever receive a letter before action (a.k.a. LBA or Letter of Claim)? Before commencing litigation, a claimant is expected to send such a letter before issuing a claim
• Did you get a default notice from MBNA? If so, could you remove your personal details and post up? Many MBNA DNs are defective
• You say it was passed to Arden without your knowledge, did you ever get a notice of assignment (NoA)?
• Have you ever requested a copy of your agreement or sent a CCA request for this account? If so, what did you receive?
• Was this an original MBNA account or one they bought from another lender?
• Could you post up the particulars of claim (PoC), removing anything that could identify you?

The Claim is deemed served on you by taking the date in the top right corner and adding 5 days to it for service. You have 14 days from that date to acknowledge service. Once you acknowledge, you get 14 more days to file your defence, so you get 28 days from the date of service.

[yugioh99]

Re: hello all

thanks for the reply.It was an MBNA card from the start,we haven't received anything from them as my dmp (cccs)were paying them no problems.we expected something from them once payments stopped but didn't have nothing.The first we knew the debt had been transferred? was when arden started calling upto 15 times a day over a period of 4 weeks and leaving automated voicemails asked us to contact them.these stopped 17th march and the next thing we know is the letter received today.hope that covers everything.kind regards

[PlanB]

Re: hello all

It was an MBNA card from the start

Can you remember exactly when did you start this credit card account - was it before April 2007? How did you apply for it (online after May 2005, or a written application form, or over the phone etc)? This information really matters if you're hoping to defend these court proceedings. I look forward to your reply because MBNA has a history of destroying old paperwork which would be essential to them if they want to win this case

[yugioh99]

Re: hello all

Hi It was pre 2007 and all I can say truthfully is that it wouldn't have been online(we didn't have a pc then).I think it was a form sent to me through the post,which I filled in and sent back.Thank you for taking the time to help me.

[CleverClogs]

Re: hello all

thanks for the reply.It was an MBNA card from the start,we haven't received anything from them as my dmp (cccs)were paying them no problems.we expected something from them once payments stopped but didn't have nothing.The first we knew the debt had been transferred? was when arden started calling upto 15 times a day over a period of 4 weeks and leaving automated voicemails asked us to contact them.these stopped 17th march and the next thing we know is the letter received today.hope that covers everything.kind regards

So you received neither any notification that Arden had assigned the debt to "Britannica recoveries sarl-mortlake", nor any Letter Before Action in which you were invited to stump up the lot or call their performing threat monkeys?

[yugioh99]

Re: hello all

no.All I have had is upteen calls and voicemails from Arden asking me to call as a matter of urgency

[FlamingParrot]

Re: hello all

Did you ever request a copy of your agreement? If as you say it was pre-2007 and not applied online there would have to be a properly executed agreement with all the prescribed terms on it to enforce in court. Would be good if you could post up the PoC minus personal details and tell us about the default notice, a lot of MBNA DNs are bad.

[yugioh99]

Re: hello all

I have never requested a copy of my agreement with MBNA.Iam sorry but what is PoC? and remember defaulting with NBMA years ago,this was when I was paying them via the DMP,but they never moved/sold the debt.Thank you so much

[CleverClogs]

Re: hello all

PoC = Particulars of Claim, where the debt collector reveals the lies they intend to rely on in court.

[FlamingParrot]

Re: hello all

I have never requested a copy of my agreement with MBNA.Iam sorry but what is PoC? and remember defaulting with NBMA years ago,this was when I was paying them via the DMP,but they never moved/sold the debt.Thank you so much

Under section 87 of the Consumer Credit Act a default notice must be served before any termination or demand for earlier payment. Section 88 of the Act provides that a default notice must be in the prescribed form. MBNA should have sent you a default notice (DN) when you defaulted on your minimum payments.

[PlanB]

Re: hello all

£3,000 cc with mbna which got passed onto arden without our knowledge,and today we have received Northampton court papers from Britannica recoveries sarl-mortlake given me 14 days to reply.

You need to respond to this summons or the Claimant will get a summary judgment against you :scared: You have to return the AOS (Acknowledgment of Service) form and tick the box saying you intend to defend the proceedings and that will give you a total of 28 days to file your defence. I'm not sure when the deadline would be because there has been an Easter Bank Holiday since you were served on 5th April but someone else will calculate it for you :nerd:

People on here will help you with your defence if you post answers to the questions raised. The first thing is to post the front page of the summons (POC) removing your personal details so we can see exactly what the Claimant is claiming and how they intend to progress this claim.