Tweet
my husband took out a card with MBNA in May 2003. At first his credit limit was 3500. At some point MBNA increased the credit limit without asking. I cannot remember how much they increased it by. In 2003 his first 6 months were at 0% interest, then the interest on any unpaid amount went up to 15% APR. Between 2003 and 2008 he paid the amount fully off at least couple of times. As we ran into financial trouble because of serious health problems and could not maintain the regular required monthly payments, MBNA lowered his credit limit and put the interest charges up (to 36%, if I remember well). Because of all that, his account amounted into a massive amount of charges; I do not know how many charges, as we do not have any MBNA statements from that time.
- Can I request from MBNA his statements for 2003 till 2009?
- How long do they keep the statements for?
- How much should I pay for the statements, if they still have them?
My husband made his last payment to MBNA in December 2009. So, we are nearly there ( I mean, Statute Barr, if I understand it well), but not quite yet, as we would need to sit tight another year till December 2015.
Now, in April 2012 we were notified by Active Kapital that they acquired the account from Experto Credite Limited. Then, for nearly a year and a half we did not hear from them. After that, Active Kapital sent us the Last Letter Before Legal Proceedings dated 29th November, 2013. The balance outstanding was for 8,862.90!
By 20th December 2013 they filed to the County Court Bulk Centre in Northampton. My husband electronically defended the whole claim with reason that he ''çould not recall signing an agreement with MBNA'', which was true, as he could not remember if he ever sign anything with them, and we could not find any signed agreement with MBNA.
After he filed defence, Active Kapital took the case off till May 2014 when they said that they have got sufficient information to proceed.
Between May and August 2014 we had never received a form from the local County Court asking my husband when he would NOT be available to attend, as we knew his second operation to remove a tumour was due during the summer. So, in summer after his operation (second one out of possibly four), he went to stay with parents to rest. Now, when we were away, the Court finally sent the confirmation with the date for the upcoming hearing. On our return we found a judgement against him being entered by the Court. So, the Court ordered my husband to pay 12,193.70 + 335 for costs!
Since then, we have NOT paid a penny to Active Kapital. My husband asked the judge for Variation order, which was entered in October. Since then, he asked the judge for reducing the monthly payments even further. So, now, finally he has got an upcoming 10 minute hearing on 27th November.
Can he still do anything at this point (pity, I have not come across your site earlier)?
I mean, can we write to MBNA and ask them for statements, so as to dispute the amount that was eventually passed to MBNA (nearly 9 grant! - from where they took that figure?). Unfortunately, my husband signed the Court papers with the same signature that they produced on the agreement. Though, I am not entirely sure, if this agreement is totally valid, as the credit agreement is on a separate page, and his signature with date, credit limit (3500) and agreement number is on a different page.
His account with MBNA was opened on 27th May 2003 and the default date is 31st December 2009.
If we still can write to MBNA for that or something else, can my husband say to the judge that he is still dealing with the original creditor or something else? So, that he can gain time? He just needs another 14 months to pass to be let off this debt (please, don't take me wrong, we were paying all our debts whether minimum payments or in full for over 14 years until we got into serious health problems).
Could someone help us with that, please?
- Can I request from MBNA his statements for 2003 till 2009?
- How long do they keep the statements for?
- How much should I pay for the statements, if they still have them?
My husband made his last payment to MBNA in December 2009. So, we are nearly there ( I mean, Statute Barr, if I understand it well), but not quite yet, as we would need to sit tight another year till December 2015.
Now, in April 2012 we were notified by Active Kapital that they acquired the account from Experto Credite Limited. Then, for nearly a year and a half we did not hear from them. After that, Active Kapital sent us the Last Letter Before Legal Proceedings dated 29th November, 2013. The balance outstanding was for 8,862.90!
By 20th December 2013 they filed to the County Court Bulk Centre in Northampton. My husband electronically defended the whole claim with reason that he ''çould not recall signing an agreement with MBNA'', which was true, as he could not remember if he ever sign anything with them, and we could not find any signed agreement with MBNA.
After he filed defence, Active Kapital took the case off till May 2014 when they said that they have got sufficient information to proceed.
Between May and August 2014 we had never received a form from the local County Court asking my husband when he would NOT be available to attend, as we knew his second operation to remove a tumour was due during the summer. So, in summer after his operation (second one out of possibly four), he went to stay with parents to rest. Now, when we were away, the Court finally sent the confirmation with the date for the upcoming hearing. On our return we found a judgement against him being entered by the Court. So, the Court ordered my husband to pay 12,193.70 + 335 for costs!
Since then, we have NOT paid a penny to Active Kapital. My husband asked the judge for Variation order, which was entered in October. Since then, he asked the judge for reducing the monthly payments even further. So, now, finally he has got an upcoming 10 minute hearing on 27th November.
Can he still do anything at this point (pity, I have not come across your site earlier)?
I mean, can we write to MBNA and ask them for statements, so as to dispute the amount that was eventually passed to MBNA (nearly 9 grant! - from where they took that figure?). Unfortunately, my husband signed the Court papers with the same signature that they produced on the agreement. Though, I am not entirely sure, if this agreement is totally valid, as the credit agreement is on a separate page, and his signature with date, credit limit (3500) and agreement number is on a different page.
His account with MBNA was opened on 27th May 2003 and the default date is 31st December 2009.
If we still can write to MBNA for that or something else, can my husband say to the judge that he is still dealing with the original creditor or something else? So, that he can gain time? He just needs another 14 months to pass to be let off this debt (please, don't take me wrong, we were paying all our debts whether minimum payments or in full for over 14 years until we got into serious health problems).
Could someone help us with that, please?
Sadly it no longer applies once judgment has been obtained. In fact, the clock would have been reset when they issued court papers in December 2013, when there had been just 4 years without any payments. 
hoto: This thread may be of some help: 
Comment