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Thread: MBNA credit card (county claim form ) was abbey national

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    Default MBNA credit card (county claim form ) was abbey national

    hi newby here I wondered if anyone could advise me on how to respond to claim form from county court Northampton regauding mbna credit card for £7000 taken out 1996

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    Default Re: EXAMPLE Defence for Consumer Credit Court Claims

    Quote Originally Posted by sure ride View Post
    hi newby here I wondered if anyone could advise me on how to respond to claim form from county court Northampton regauding mbna credit card for £7000 taken out 1996
    Please start a new thread in the Court Claim forum you will get mor advice that way.
    nem @Kati can you help please.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





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    Default m b n a credit card debt .was abbey national passed me over to m b n a

    I have just received a county court claim form for £7000 I took the card out in 1996 with abbey national after a couple of years they changed it to mbna after a dispute they would not honour I stopped payments and 3 years later they have took me to court .via (link) any advise out there please /

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    Default Re: EXAMPLE Defence for Consumer Credit Court Claims

    should I fill in online acknowledgment of service intending to defend all of this claim ? and the request a cca from the claimant or address for sending documents ? it s different

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    Default MBNA credit card (county claim form ) was abbey national

    hi just received a claim form for £7000 credit card had a dispute on the account with a third party business which mbna would not honour so I stopped making my payments .and after a couple of years of link now am here . I asked for true copy of cca from link but never came through and a copy of there complaints procedure but also never obliged . is there anything I can do regarding card originally with abbey national and the card with abbey national on the front ?

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    Default Re: EXAMPLE Defence for Consumer Credit Court Claims

    Quote Originally Posted by sure ride View Post
    hi newby here I wondered if anyone could advise me on how to respond to claim form from county court Northampton regauding mbna credit card for £7000 taken out 1996
    Quote Originally Posted by nemesis45 View Post
    Please start a new thread in the Court Claim forum you will get mor advice that way.
    nem @Kati can you help please.

    nem
    Hi @sure ride ... I've merged your threads for ease of reading (best to try and keep everything in one place if poss ) xx

    - - - Updated - - -

    Quote Originally Posted by sure ride View Post
    should I fill in online acknowledgment of service intending to defend all of this claim ? and the request a cca from the claimant or address for sending documents ? it s different
    Yes to acknowledging ... @nemesis45 will be able to tell you about the cca/cpr requests :nod:
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

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    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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    Default Re: MBNA credit card (county claim form ) was abbey national

    Quote Originally Posted by sure ride View Post
    hi just received a claim form for £7000 credit card had a dispute on the account with a third party business which mbna would not honour so I stopped making my payments .and after a couple of years of link now am here . I asked for true copy of cca from link but never came through and a copy of there complaints procedure but also never obliged . is there anything I can do regarding card originally with abbey national and the card with abbey national on the front ?
    OK, if possible can you post a redacted copy of the claim form N1 so we know what is being claimed.
    Now :
    Who is the claimant?
    Is there as solicitor involved?
    When did payments actually stop.

    Let's be clear a County Court Claim has nothing to do
    with any disputes with the original creditor once the
    debt has been sold.
    Let's see the claim form or type it up verbatim here.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





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    Default Re: EXAMPLE Defence for Consumer Credit Court Claims

    Quote Originally Posted by Kati View Post
    Hi @sure ride ... I've merged your threads for ease of reading (best to try and keep everything in one place if poss ) xx

    - - - Updated - - -

    Yes to acknowledging ... @nemesis45 will be able to tell you about the cca/cpr requests :nod:
    Thanks @Kati ( without the E:santahat

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





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    Default Re: MBNA credit card (county claim form ) was abbey national

    claimant idr finance uk limited London
    address for sending documents and payments kearns solicitors Caerphilly
    last payment made 31/07/2012
    a default was recorded on 26/09/2012
    is there anyway I can scan it or upload it to here ?

    - - - Updated - - -


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    Default Re: EXAMPLE Defence for Consumer Credit Court Claims

    Ok,
    Jobs to do now:

    A CCA request to the claimant, for a copy of the agreement relevant to the claim.
    There is a £1 statutory fee to pay. ( use a Postal Order for this and endorse it " For Statutory Fee Only" the claimant has 12 + 2 working days to comply.

    Next a CPR 31.4 request ( no fee) to the solicitor for the claimant: This is for all the documents mentioned in the particulars of the claim.
    i.e. The agreement, the default notice and the Notices of Assignment mentioned (2) in the POC.

    There are templates for the requests in the forum library for both requests, send by signed for post and check the delivery date.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





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    Default Re: MBNA credit card (county claim form ) was abbey national

    thank very much will get on it

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    Default Re: MBNA credit card (county claim form ) was abbey national

    Quote Originally Posted by sure ride View Post
    thank very much will get on it
    Please keep us informed on developments.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





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    Default Re: MBNA credit card (county claim form ) was abbey national

    I will thx

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    Default Re: MBNA credit card (county claim form ) was abbey national

    hi all sorry for delay but not heard anything back until today . I received a letter from link .
    re my application for account documents ie credit agreements . mbna have responded to link saying they are not able to provide a copy of the agreement. they have sent a check for £1 which I sent via postal order . they take this oppertunaty to advise me that although the agreement is unemforceable the account balance remains collectable . (we look forward to hearing from you )

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    Default Re: MBNA credit card (county claim form ) was abbey national

    Quote Originally Posted by sure ride View Post
    hi all sorry for delay but not heard anything back until today . I received a letter from link .
    re my application for account documents ie credit agreements . mbna have responded to link saying they are not able to provide a copy of the agreement. they have sent a check for £1 which I sent via postal order . they take this oppertunaty to advise me that although the agreement is unemforceable the account balance remains collectable . (we look forward to hearing from you )
    The have to look for:tinysmile_twink_t2:ward for a very long time
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





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    Default Re: MBNA credit card (county claim form ) was abbey national

    It was virtually certain there would be no signed credit agreement from an account taken out in 1996 !! MBNA were very lax back then.

    I had an old MBNA account and they did produce a very dodgy microfiche copy of a signed agreement with me, but it was all but unreadable and appeared to be just the application form not an agreement.

    The upshot is the DCA can reconstruct an agreement to satisfy the CCA request, but cannot take this to court without at least a credible copy of the original signed agreement.
    They were out to get me!! But now it's too late!!

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    Default Re: MBNA credit card (county claim form ) was abbey national

    Quote Originally Posted by basa48 View Post
    It was virtually certain there would be no signed credit agreement from an account taken out in 1996 !! MBNA were very lax back then.

    I had an old MBNA account and they did produce a very dodgy microfiche copy of a signed agreement with me, but it was all but unreadable and appeared to be just the application form not an agreement.

    The upshot is the DCA can reconstruct an agreement to satisfy the CCA request, but cannot take this to court without at least a credible copy of the original signed agreement.
    Creditor only have to keep records for 6 years after an account has been closed.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





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    Default Re: MBNA credit card (county claim form ) was abbey national

    Quote Originally Posted by nemesis45 View Post
    Creditor only have to keep records for 6 years after an account has been closed.

    nem
    When do you consider an account is closed - obviously when satisfied, but also presumably when sold absolute to a DCA ?
    They were out to get me!! But now it's too late!!

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    Default Re: MBNA credit card (county claim form ) was abbey national

    Quote Originally Posted by basa48 View Post
    When do you consider an account is closed - obviously when satisfied, but also presumably when sold absolute to a DCA ?
    No sale makes no difference, records have to be kept by the creditor for 6 years whatever has happened with the account, that's why SAR's are so useful.

    em
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





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    Default Re: MBNA credit card (county claim form ) was abbey national

    thank you for your response . what should I do next ? can I complain that it took 3months to not supply me with the agreement ? have they got a certain amount of time to supply me with the agreement ?

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    Default Re: MBNA credit card (county claim form ) was abbey national

    Quote Originally Posted by sure ride View Post
    thank you for your response . what should I do next ? can I complain that it took 3months to not supply me with the agreement ? have they got a certain amount of time to supply me with the agreement ?
    Do nothing about chasing the CCA request without the agreement the debt cannot be enforced.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





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