MBNA v skipper332

[skipper332]

Hi everyone - I hope this post get into the right place and that there maybe someone here that is able to help / guide me. I have spent today in varying states of panic and depression.

This morning I received a Claim Form from Northampton CCBC County Court, dated 08 July. The claimant is MBNA and their solicitors are Restons. They are claiming a £7,124.50 plus fees and costs - total - £7,414.50, for a MBNA Credit Card debt. I am expecting another one for a similar amount, again from MBNA for another card debt.

Background - I have a number of creditors and have really made a mess of my finances. Basically, I over stretched myself and I am not able to repay what I owe. As it happens, my problems started when MBNA decided to almost double the interest rate they charged me to 34%. Until that time, I was able to keep up with the repayments. This happened about a year ago. Finally in October, I contacted all my creditors, explained the situation and made proposals for repayment. Some accepted and set up short term agreements but MBNA were quite unwilling. They wanted more than what I thought I could afford. Finally I went to Payplan. On 01 June, I started making payments to Payplan of £1,335 per month for a Debt Management Plan. They have sent offers of pro-rata repayments to all of my creditors. So far a couple have agreed. Barclays bank have rejected the proposal in respect of an overdraft. I understand that Payplan did contact Restons. 2 Payments (June and July) of £143 have been made on this account to them (£286 total), but today it would appear that they have rejected the offer and taken me to court. There are several other creditors - but I am not aware of their acceptance (or otherwise) of the Debt Managment Plan.

Can anyone offer me some advice / guidance please. I am really at my wits end. It is the only thing that occupied my mind all day - I don't think I'll be able to sleep tonight - I've read so many bad things about the way MBNA / Restons behave.

Thanks

:tinysmile_cry_t:

[Curlyben]

Re: MBNA v skipper332

Would you please post up the POC (Particulars of Claim) and we'll go from there..

[enaid]

Re: MBNA v skipper332

Hello skipper and welcome to Beagles.
I think firstly it may be a good idea to fill in the Income & Expenditure form Legal Beagles this will give a clearer picture of your debts. You no need to put this on your thread if you wish the details to be private you can pm it to any team member.
Are you in arrears with any priority debts ie rent/mortgage, council tax and utilities?
Then you need to find out which creditors are being paid out of your £1335 per month being paid to Payplan assuming you are still paying them.

Curlyben has replied to you re MBNA he will help you further with this when you have given him the info he has asked for.

Please don't worry it can all be sorted, Enaid x

[skipper332]

Re: MBNA v skipper332

Thank you both very much for replying so quickly.

I will scan and post the Particulars of Claim later today.

I completed an Income and Expenditure statement with Payplan. The £1,355 is the surplus income calculated by Payplan and paid to them for re-distribution to creditors. Payplan deduct £5 & £81 for life and payment protection insurance respectively leaving £1,269 for Creditors.

So far I have made two payments to Payplan - June and July. I understand that they have written to all my creditors offering repayment amounts, they have also made two payments to each of them. At the moment, I think only two have accepted and two rejected (Barclays and MBNA) - I don't know the status of the 6 others yet.

I am assuming I will get another Claim for a second MBNA Account perhaps today(?).

I will scan / post the initial claim later today.

Do you still want me to complete the Income and Expenditre form you refer to or should I have the Payplan one available?

All my priority debts are up to date - no arrears.

Thank you both once again.

[enaid]

Re: MBNA v skipper332

It's up to you skipper about the I&E form, if you are happy with the figures Payplan have come up with that's fine.
Here is some info on claiming back charges from Credit Cards Legal Beagles if you wish to go ahead you will get all the help you need on here to do it.

[skipper332]

Re: MBNA v skipper332

Hi

Attached is the first page from the first claim form received. I received a second claim form yesterday for the second account. Do you want me to post that one as well? The details are similar - but the amounts differ.

I spoke with Payplan on Friday and they assumed I was admitting the claim, but were vague about possible outcomes. It seemed they just wanted me to fill in the form and send it to them.

Any suggestions? I want to pay what I owe - but in amounts I can afford.

Thanks

[Curlyben]

Re: MBNA v skipper332

Now that this is legal action the game changes.
If you could post BOTH POC's up that would be great..

[skipper332]

Re: MBNA v skipper332

Here are links to both claim forms. I don't think the first one was attached properly to my last post.

POC - Claim 1

http://i832.photobucket.com/albums/z...2/Claim-01.jpg


POC - Claim 2

http://i832.photobucket.com/albums/z...2/Claim-02.jpg


Thanks

[Curlyben]

Re: MBNA v skipper332

OK you need information.
So fire off a couple of CPR 31.14's to Restons for these accounts.

Details are here: DCA: Using CPR 31.14 to Your Advantage - Consumer Wiki