MBNA suing me for 3k

[FlamingParrot]

Re: hello all

You need to respond to this summons or the Claimant will get a summary judgment against you :scared: You have to return the AOC 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.

...or you could try contacting these guys and see what they have to say, a couple of people from the firm are on this site, and have been responsible for a number of consumer victories: :first: http://www.watsonssolicitors.co.uk/contact.html

[yugioh99]

Re: hello all

Thank you all so much,got to go visiting a sick mum in law tonight,so will post the poc tomorrow evening.just to say I did get default notices from nbma due to not making minimum payments via dmp,but cccs told me that would happen with all our creditors (it did)

[PlanB]

Re: hello all

Thank you all so much,got to go visiting a sick mum in law tonight,so will post the poc tomorrow evening.just to say I did get default notices from nbma due to not making minimum payments via dmp,but cccs told me that would happen with all our creditors (it did)

Post up the POC and any DN which you say you received from MBNA (it could be defective ) and we'll take it from there.

[yugioh99]

Re: hello all

evening all my camaras on the blink so ill post what I consider the main bits from front page.The documents are to be sent back to Earlswood and co solicitors, Earlswood court highlands rd Shirley Solihull w.mids.Particulars of claim state1) a credit card agreement made between MBMA Europe bank ltd and the cardholder (D)...2) D accured balance 3125.32....3) D defaulted on payments.......4) C issued formal demand requesting payment dated 12/03/2013.....5)amount now due from D 3125.32.....It is signed Earlswood and co and to the right of the form at the bottom the court fee of £100 and solicitors cost of £80 is added to the balance...If you need anymore please, please advise Im getting worried and cant sleep

[Celestine]

Re: hello all

Yugioh

We need to see scans of the Default Notice and any other relevant paperwork x

[CleverClogs]

Re: hello all

The documents are to be sent back to Earlswood and co solicitors, Earlswood court highlands rd Shirley Solihull w.mids.

I do hope you did not send the acknowledgement of claim to their lawyers rather than to the court!

[yugioh99]

Re: hello all

ive haven't acknowledged anything,ive got until Wednesday,do I do it online to Northampton?.the post I did on the 9th of april tells you all ive got.i have no facility to either scan or upload a picture.please help x

[FlamingParrot]

Re: hello all

You can acknowledge online, but try not to leave it till the last minute in case there is a technical glitch, you never know when a server can go down, etc. and you don't want to get default judgment against you! :scared:

You don't need a scanner, you can take a picture of the documents with a digital camera or mobile phone. Once you do that, download the photo to your computer or, if using a phone, you can just email it to yourself. You can attach images to your posts going to Advanced, then clicking Manage attachments.

[PlanB]

Re: hello all

please help x

:bump2: :bump: :bump2:


Since this is an old MBNA account there's a good chance the claimant won't have the documents needed to progress this court claim. Send a PM to Celestine with a link to this thread :attention:

[CleverClogs]

Re: hello all

The first we knew the debt had been transferred? was when arden started calling up to 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

Yet the claimant has stated that they sent you a formal demand for payment on 12 March 2013 - item 4 in the Particulars of Claim - when the debt was presumably still owned by Arden.

Did you ever receive that formal demand, or any notification of assignment to the latest lot of money grubbers?

[FlamingParrot]

Re: hello all

Being an old debt that has been on a DMP for a while, they are not likely to be able to obtain the necessary documents such as a credit agreement. MBNA never found mine! That means you have a good chance of defending this one. Once you acknowledge service, you'll have 14 days to file a defence.

Your best bet is to PM Cel or PT2537 as suggested above, with a link to this thread. Have you got any other documents such as the Notice if Assignment, the Final Demand, Default Notice, etc.? If so, could you do as you did with the PoC and post them up here so they can take a look at them.

[FlamingParrot]

Re: hello all

ive haven't acknowledged anything,ive got until Wednesday,do I do it online to Northampton?.the post I did on the 9th of april tells you all ive got.i have no facility to either scan or upload a picture.please help x

It's WEDNESDAY! If you don't acknowledge, you run the risk of default judgment entered against you! :scared: :scared: :scared:

Once service is acknowledged, you get an extra 14 days to prepare your defence.

Someone may correct me if I'm wrong, but looking at the claim, it was dated April 2nd. Claims are deemed served 5 days after that date, making it the 7th, which means you should have till the weekend to acknowledge, but it's always best no to leave things to the last minute. :nono:

Did you manage to get in touch with Cel or PT2537 as suggested by Plan B and myself last night?

[Sapphire]

Re: hello all

I've deleted the attachment, can you please post it up again and blank out the personal details, account numbers etc.

[PlanB]

Re: hello all

please help x

I saw those POC before they were removed and they refer to the documents the Claimant will be relying on in court such as the original MBNA credit agreement, the Default Notice and a Notice of Assignment. You have every right to see these documents before you file your Defence because how can you do that without them. You'd be boxing in the dark


I expect you'll be advised to make a CPR 31.14 request for all those documents and you can also ask for an extension of time to file your Defence until you receive them which could be a maximum of 28 days added to the original 28 days. Knowing the way MBNA functioned it's unlikely all these documents will be available to the debt purchaser who is now making this claim

I'm not a lawyer but here's a link to a post which should help you with the next step:

http://www.legalbeagles.info/forums/...351#post332351

[yugioh99]

Re: hello all

thank you all for everything so far,just to clarify,how do I defend etc this claim online?