Hello all hope you can help!

[mollymay31]

Hello all

Well along story but in a nutshell about MBNA credit card. Not paid since Dec '09, usual letters, hubby asked for T&C's etc got a photocopied 1. Then Optima sent a few letters, got a letter/form from Northampton Court Centre and didn't fill in the incomings/outgoings. They sent a demand for full payment a couple of days ago and now I have a transfer of proceedings to my local county court. Can you help please?

[Angry Cat]

Re: Hello all hope you can help!

What is the date of the original application for credit for the MBNA credit card?

And, we need a little more information about the form that you received from Northampton County Court Bulk Centre, please.

[di30]

Re: Hello all hope you can help!

Hi and welcome

As Angry Cat says, if you have further info/details, this makes it a little easier to know what is what up to date etc.

So payments have been missed since Dec 2009?
I take it this is possibly due to hardship difficulties as such?

A payment plan at an affordable a month could be arranged and to avoid receiving such letters, but best to start from scratch, your expenditure, see what you could manage. (Of course this is if this in relation of financial difficulties etc).

[mollymay31]

Re: Hello all hope you can help!

Original date for application is 11th Sept 1999. Form received from Northampton Court Bulk Centre issue date 01 Nov 2010 is a Claim Form (N1CPC) from claimant MBNA and address for sending documents and payments to is Optima Legal in Bradford signed by Optima (typed) Inc were N9CPC Response Pack N9A CPC Form of admission and N9B CPC Defence and Counterclaim. Inc amount claimed plus £85 court fees and £80 solicitor costs. Follwed by Judgement for Claimant (in default) saying to pay full amount plus £187 for costs dated 25th Nov 2010. Quickly followed 4 days later (by the time I got the Judgement) by Notice of Transfer of Proceedings dated 6th December 2010 from Northampton stating 1st claimant as MBNA (no mention of Optima) against myself stating transfer to my local County Court.

I rung MBNA the other night and was told (after passing security blah blah) that the account has been sold on to R&RO Legal???? really rude couldn't answer my questions. Rung back last night to be told that had been advised that the account had not been sold on but to speak to Optima who were now dealing with it. Account in default on 31st Aug, passed to Optima on the 1st and then transferred to R&RO Legal by the 19th and that they will be contacting me?

Thanks for your help.

ps - it is through financial hardship.

[di30]

Re: Hello all hope you can help!

Hi there

Thanks for the details, and I'm sure someone who has experience of dealing with these issues will post up with some info for you.

May I ask if you tried to come to any sort of arrangement with them in writing?

[mollymay31]

Re: Hello all hope you can help!

Hello di30, no I haven't, I presume you mean MBNA?

[di30]

Re: Hello all hope you can help!

Hello di30, no I haven't, I presume you mean MBNA?

Hiya

Yes, if in hardship with the MBNA, it may be worth writing to them to explain your circumstances, and maybe contact a free debt organisation, such as the National debtline, Payplan, or maybe the CCCS, who will help on your behalf, a suitable plan would be made up and it will keep the courts off your back too.

[mollymay31]

Re: Hello all hope you can help!

I tried that over the telephone initally they offered me a loan with them! Not ideal really

[di30]

Re: Hello all hope you can help!

Hi

I didn't actually mean a debt consolidation company, so no worries there, what I meant was a free debt organisation that helps sorts out your finances all free.
Check them out, you do not pay a penny, they also have template letters to send to your creditors too.
http://www.nationaldebtline.co.uk/

If you google in payplan and CCCS these are the same as the above link and they do not offer loans.
Hope this helps.:santa2:

[Angry Cat]

Re: Hello all hope you can help!

As far as I am aware, Optima Legal are part of BoA/MBNA.
But never heard of R&RO Legal?

If the agreement is an MBNA 1999 issue, I very much doubt that it contained ALL the prescribed terms.

One presumes that you made a section 78 CCA and that you were only provided with current T&C's?

Clearly, desperate days for MBNA...

Incidentally, did you take out the PPI that MBNA strongly recommended?

And, have you SAR'd MBNA?

[mollymay31]

Re: Hello all hope you can help!

Hi Angry Cat

It was a Section 78 and you're right in what you say, only up to date T&C's not original ones. Didn't take out PPI and haven't SAR'd MBNA. When I google Optima it comes up as a Solicitors that seem independent? Any other advice on what to do next?

[di30]

Re: Hello all hope you can help!

Hiya
I'm sure AngryCat will be here at some point soon but meanwhile here's the link to request a SAR.......
http://www.legalbeagles.info/forums/...ad.php?t=21788

And further details here:
http://www.legalbeagles.info/forums/...play.php?f=269

I also apologise for not explaining on my above post properly yesterday in regards of the debt organisations.
But hope my last post above rectified what I actually meant, in confirming a free debt organisation of debts and not those of the ones you pay out for - or taking out loans.:candycane4:

[Caspar]

Re: Hello all hope you can help!

I would follow Angry Cat on this one rather than me as he is FAR more experienced and knowledgeable. However, I've just spent 30 minutes trying to find R and RO Legal and the closest I've come up with is a dissolved debt company that was based in Gateshead called R & R Legal.

They don't appear to be registered at Companies House.

Given that I can't find them and Angry Cat has never heard of them, I'd be inclined to send a Prove It letter to them to make sure they are entitled to collect this debt.

[mollymay31]

Re: Hello all hope you can help!

Hi Caspar

It was a name quoted to me by MBNA, no correspondence from them apart from Optima. When I spoke to MBNA they quoted R&RO legal and that the account was no longer with them but had been sold on/charged off. Rung a cpl of nights later and told that they couldn't speak to me as the 'account had not been sold on' but had been passed to Optima.

[Caspar]

Re: Hello all hope you can help!

Optima are part of MBNA so if you send a letter to them, it's probably sitting on the desk next to someone who works for MBNA. Your debt hasn't gone anywhere. As AC says the original agreement probably didn't contain the prescribed terms, but they have the great advantage of having a CCJ against you. Sadly I can't advise you what you can do about that - whether you can get the judgment set aside or not, but I'm sure someone on here will know.