Abbey bank charges

[Amethyst]

Re: Abbey bank charges

Have you actually had a summons from MBNA/Restons now?

[judith]

Re: Abbey bank charges

thanks, yes got it today
xx

[Amethyst]

Re: Abbey bank charges

Okay thanks Judith - can you post up the text from the Particulars of Claim on the summons please. (leave off account number etc)

Ta xx

[judith]

Re: Abbey bank charges

thanks xx
do i have to scan it then ??

[Amethyst]

Re: Abbey bank charges

Thanks for that.

I have had a message off Amy explaining everything and i will go through your spreadsheets and everything else this evening.

You have 14 days to acknowledge the claim from MBNA so don't panic will probably be tmw as I want to talk to Amy and Budgie too.

We have your phone number so if your internet goes off we will stay in touch okay

[Amethyst]

Re: Abbey bank charges

Have modded your posts with attachements as there were a couple details on, me, amy and bud can still see them and i will sort them out later on xx

[judith]

Re: Abbey bank charges

Thanks for that.

I have had a message off Amy explaining everything and i will go through your spreadsheets and everything else this evening.

You have 14 days to acknowledge the claim from MBNA so don't panic will probably be tmw as I want to talk to Amy and Budgie too.

We have your phone number so if your internet goes off we will stay in touch okay

ok thanks alot look forward to hearing from if you need anything elsr from me just ask
:santa3:

[righty]

Re: Abbey bank charges

Even if litigation is contemplated or more importantly in progress the solicitor MUST still comply with a SAR

[Amethyst]

Re: Abbey bank charges

Okay judith, Abbey are taking only 6 years worth of charges into account, so back to November 2002 which is approx £3300, then offering you 65% of that so the offer of approx £2200 is about right for an interim hardship offer so I would accept it.

the rest of the claim will stand and you can go argue the limitations act when the test case is over with

[Amethyst]

Re: Abbey bank charges

Regarding the MBNA claim...we will defend that partially.

The collection charge we will definately defend fully. I had a similar claim against me, which resulted in a charging order, and the judge wiped off the £1k collection charge and ordered installments at a rate i could afford with a charging order. Guess what - that was Restons too and was £6k odd.

I have to go to shops but will go through everything later.

What charges are there on this account?

We also need to sort the SAR and write back re the CCA.

Also when you have done the IE can you email me a scan of it pls. ta.

[Amethyst]

Read my thread here Judith - similar claim off Restons - http://www.legalbeagles.info/forums/...ead.php?t=2025

They claimed

DATE.........ITEM........ ..........VALUE
10/08/06 Default Balance .........£6058.41
10/08/06. Collection Charge........£1009.93
Post Refrl Cr ...........NIL

TOTAL: - £7068.34

which led to....

Upon sitting at Northmapton county court on reading papers filed

it is ordered that:-

1 the judgement entered against the defendant on 27th october for payment of 6058.41 and 410 costs payable forthwith

2 The claimant may apply for a charging order at once

3 Apart from a charging order all other execution is stayed so long as the defendant pays 66.30 month

4 Any party affected by this order may apply within 7 days after service of it to vary amend or set aside

So I pay £66.30 a month

[judith]

Re: Abbey bank charges

Regarding the MBNA claim...we will defend that partially.

The collection charge we will definately defend fully. I had a similar claim against me, which resulted in a charging order, and the judge wiped off the £1k collection charge and ordered installments at a rate i could afford with a charging order. Guess what - that was Restons too and was £6k odd.

I have to go to shops but will go through everything later.

What charges are there on this account?

We also need to sort the SAR and write back re the CCA.

Also when you have done the IE can you email me a scan of it pls. ta.

many thanks xx getting very confused what is the IE ?? it maybe a good idea to speak on the phone later today so i can give you the full story
thanks
judy
xx:grinningelf:

[Amy]

Re: Abbey bank charges

Ame means your Income and Expenditure form.

[Amethyst]

Re: Abbey bank charges

For my referece re MBNA

OFT 664 unfair practises

2.10 Examples of unfair practices are as follows:

c. not giving an indication in credit agreements of the amount of any
charges payable on default
d. applying unreasonable charges, for example, charges not based on actual
and necessary costs
e. applying charges which are disproportionate to the main debt.

[judith]

Re: Abbey bank charges

For my referece re MBNA

OFT 664 unfair practises

2.10 Examples of unfair practices are as follows:

c. not giving an indication in credit agreements of the amount of any
charges payable on default
d. applying unreasonable charges, for example, charges not based on actual
and necessary costs
e. applying charges which are disproportionate to the main debt.

still dont understand where we are going with this ?? i got the summons 15/12/08 i sent mbna a letter with £10.00 fee on the 5/12/08 are they allowed to summons me ??? when i still have ot had a reply back from them ??
thanks
judy
xx:27:
------------------------------- merged -------------------------------

For my referece re MBNA

OFT 664 unfair practises

2.10 Examples of unfair practices are as follows:

c. not giving an indication in credit agreements of the amount of any
charges payable on default
d. applying unreasonable charges, for example, charges not based on actual
and necessary costs
e. applying charges which are disproportionate to the main debt.

also did you get my attachments that i uploaded ?? and what do you think
thanks
judy
xx
:cancan: