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MBNA - Court Action

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  • MBNA - Court Action

    Hi All,

    I am after some advice on dealing with the following:-

    In 1996 I took out a Credit card with MBNA, Over the years the credit limit grew quite large and I mistakinley used it to its full potental as I had a good job and could cope easily with the repayments.

    At the beginning of 2006, My circumstances changed unexpectidly and i was unable to cover the minimum payments for a debt of almost £12.500 , I struggled paying what I could for about 6 months and then had to stop paying altogether due to priority debts being more important.

    I got chased for money for about 3 months and didnt hear nothing from them after this.

    At the beginning of last year (2010), i started getting letters from a company called Equidebt saying that I owed £15.800 for an old MBNA debt, I did not reply to the letters as I had no disposable income to offer any repayments.

    In about September of last year, letters started coming from their Solicitors on behalf of Equidebt, I decided to send them a CCA request to see if they had a copy of my original agreement.

    They responded to the CCA request (3 Months later) in December 2010 saying they enclosed a copy of the legally documents, but all they had sent me was a copy of my original Credit Card Application form from MBNA which i completed in 1996, they had also enclosed a seperate page of terms and conditions which is hardly readable and does not include my details in the customers name / address section.

    The Solicitors have now just written again saying that they have commenced county court proceedings and that i will get a claim form through very shortly, They have asked me to make an offer of repayment on it and to return it to them, failure to do so they will go for a CCJ, which i am dreading !!!!

    My questions are:-

    Is the Application form they have sent for my CCA request likely to be enforcable ??

    Am i able to challenge the amount they are claiming is wrong, as it is £3000 more and must be made up of interest and penalty charges on the old account ??

    At this late stage, am I able to look at getting the PPI reclaimed back on this account, It was added when i took the card out Automatically and i was never asked if i wanted it (not even detailed on application form) ?? Missold I Guess.

    I am not trying to avoid paying this account, just looking for advice on how to deal with it and possibly reduce the amount owed (by claiming back charges / PPI).

    Any URGENT advice would be appreciated as Im really worrying over this and the claim form will arrive any day now.
    Tags: None

  • #2
    Re: MBNA - Court Action

    Did you ever put the account in dispute regarding CCA, you could put up copy application form also letters minus your personal details for others to see & comment, suspect they are trying their hand over offer of payment which makes you wonder if they have enforceable CCA etc.??

    Comment


    • #3
      Re: MBNA - Court Action

      Hi,

      No dispute letter sent yet to CCA

      CCA Request info attached here (All I Received)

      and

      Your views please

      Thanks

      Comment


      • #4
        Re: MBNA - Court Action

        The terms certainly aren't legible so that's a breach of section 78 on its own. That doesn't make it unenforceable but does allow you to put it n dispute until such times as they can produce a legible copy.

        Comment


        • #5
          Re: MBNA - Court Action

          The terms and conditions look suspect to me;
          please check your 1996/1997 statements to see if the interest rate tallies.

          You should have also been provided with terms as varied, as clearly subsequent tokens (credit cards) were provided after the first.

          Have you made a subject access request to MBNA?
          If not, you will have to, in order gather information about the PPI premiums and charges levied.

          Strange, that the PPI taken out is not mentioned on the application form?

          My advice, put the account into dispute re: your section 78 request and;
          fire off a FULL SAR.

          Comment


          • #6
            Re: MBNA - Court Action

            SAR was sent to MBNA on Monday just gone, so just waiting for the reply ?

            What grounds shall i put account in dispute ?

            Steve

            Comment


            • #7
              Re: MBNA - Court Action

              They have not fully complied with your CCA request!

              And that you have requested full information under s7 of the DPA : SAR

              Until such time as your legal requests are fully complied with; the account is in "DISPUTE".

              Comment


              • #8
                Re: MBNA - Court Action
                **UPDATE **

                I have just received the County Court Claim form in the Post Today.

                (very suprised at this as they have not put my house number on the address and it was just addressed to my road name, lucky the postman knows what number i live at).

                Any how, not sure where to procede from here, I am Still awaiting info back from my SAR to MBNA Bank (Original Creditior) as want to claim back PPI and charges etc.

                Amount on Court Claim form is for the amount which was on Card (Balance inc PPI and Charges etc) and a court and solictiors fee, the Particulars of claim seem to cut off half way down the page mid sentence whilst explaining about a default notice ??

                Do I admit the whole amount or part of the amount while looking at getting these charges refunded ? Or do I defend ?

                Your advice please guys ....

                Comment


                • #9
                  Re: MBNA - Court Action

                  When was the last time you heard from the original creditor - if more than 6 years have passed before you were contacted again their right to pursue may be impaired due to time. Research on here for definitive - if I'm right then you may apply to the court (cost prob £75) to have their application turned over

                  You must acknowledge receipt but I'd hold off admitting liability on any of the debts. Due to the size of the debt or putting in a defence just yet - it'll probably be set for the fast track.

                  Did anything else come with the application e.g Copy of agreement incl T&Cs, default notice, statements etc

                  Have a look at my thread for more on MBNA/Wescot inability to get things right - Legal Beagles Consumer Forum

                  I'd also look seriously at locating some legal advice on 'a no win no fee basis' as with this level of debt it could get very expensive if you get it wrong as an LiP.
                  Light travels faster than sound. This is why some people appear bright until you hear them speak.

                  Nemo me impune lacessit - No one provokes me with impunity. (Motto of the Kings of Scotland)

                  Comment


                  • #10
                    Re: MBNA - Court Action

                    No, nothing else came with claim form, just the sheet to make an offer of repayment

                    Comment


                    • #11
                      Re: MBNA - Court Action

                      Did you say the court letter was not in full.

                      If not copy it send back to the court asking for a full letter and added time for this

                      Usually get a date with it for action.

                      If over 6 years let it go to court if not acknowledged or made payment in that 6 years

                      Court will throw it out no cost to you

                      I am not a legal person so take advice ask citizens advive

                      Comment


                      • #12
                        Re: MBNA - Court Action

                        Seek advice from your CAB or a lawyer
                        Light travels faster than sound. This is why some people appear bright until you hear them speak.

                        Nemo me impune lacessit - No one provokes me with impunity. (Motto of the Kings of Scotland)

                        Comment

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