Abbey bank charges

[Amethyst]

Re: Abbey bank charges

The particulars of claim and letter from restons, yes we have those.

The SAR is to find out what they have charged you. Yes they are allowed to claim against you as the debt isnt currently disputed.

What you need to do is enter whats called a Part 18 request for information (which I'll put on here later) to Restons and acknowledge the claim - you can do that online or by post - don't worry it doesn't need doing just yet. The SAR they have 40 days to respond to - the Part 18 they will have 14 days so should get you the information quicker.

You will admit the debt and make an offer to pay based on your income and expenditure sheet. You will defend the charges (details of which you have asked for in the SAR and will ask again for in the Part 18 request for information) and the collection charge.

You will likely be ordered to pay by installments and possibly have a charge put on the house.


Does that sound okay ?



Regarding the reposession of your house by the mortgage company - where is that at ? Will the £2200 from Abbey cover the arrears ?

[Amethyst]

Re: Abbey bank charges

To send to RESTONS in your MBNA case. Check and amend the red bits.

Ta Curly x

Judy
Address


DATE


Restons
ADDRESS



Reference:
In the NORTHAMPTON (CCBC) County Court
MBNA -v- Judy
Claim Number: xxxx


REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES
Dear RESTONS,

I have received the Court claim filed by RESTONS on behalf of MBNA. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished within ten days of receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with MBNA.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the Collection Charge in respect of this account and a detailed breakdown of said charge and what this charge relates to and on what date said charge was levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.


I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully,

Judy.

[judith]

Re: Abbey bank charges

The particulars of claim and letter from restons, yes we have those.

The SAR is to find out what they have charged you. Yes they are allowed to claim against you as the debt isnt currently disputed.

What you need to do is enter whats called a Part 18 request for information (which I'll put on here later) to Restons and acknowledge the claim - you can do that online or by post - don't worry it doesn't need doing just yet. The SAR they have 40 days to respond to - the Part 18 they will have 14 days so should get you the information quicker.

You will admit the debt and make an offer to pay based on your income and expenditure sheet. You will defend the charges (details of which you have asked for in the SAR and will ask again for in the Part 18 request for information) and the collection charge.


You will likely be ordered to pay by installments and possibly have a charge put on the house.


Does that sound okay ?



Regarding the reposession of your house by the mortgage company - where is that at ? Will the £2200 from Abbey cover the arrears ?

many thanks xx
can they still put a charge on my house if what i owe is now more than the value of the house ?/
judy
xx

[Amethyst]

Re: Abbey bank charges

they can.


Does the £2200 offer from Abbey stop the reposession ?

[Amy]

Re: Abbey bank charges

Judy has accepted an offer of £2,500.

Well done to you both xxxx

[Curlyben]

Re: Abbey bank charges

Gee that's nice of MBNA, seems they are busy at the mo.

[Xena]

Re: Abbey bank charges

Excellent news Judy, well done

[TUTTSI]

Re: Abbey bank charges

Fantastic news - well done.

xx

[WendyB]

Re: Abbey bank charges

Great news Judy

[Amethyst]

Re: Abbey bank charges

Well done Judy xxx

[judith]

Re: Abbey bank charges

To send to RESTONS in your MBNA case. Check and amend the red bits.

Ta Curly x

hi
what do i have to do first with this summons still not sure and still,have had no response regarding my questions with the dates on mbna ??
thanks
judy
xx

:hohoho:

[Amethyst]

Re: Abbey bank charges

You need to acknowlege the claim by the 26th December - so you can go and do this now while you are online.

To do this

1: Visit Welcome - HMCS Money Claim Online

2: Click I am a Defendant

3: On the right hand side you need to LOG IN using your Claim Number off the N1 form, and the password which is also shown on the N1 form.

4: Click on ACKNOWLEDGEMENT OF SERVICE

5: Select Acknowledge with intent to defend in full

and save/enter. (I don't remember)

Then we have till the 10th January to get the defence/admission/counterclaim sorted and submitted




Then you need to send off the PART 18 request to Restons, copy to MBNA and copy to the Court for their files. Enclose a brief covering letter with your claim number name and address and account number on. This needs sending ASAP really. It should get you the information you asked for in the original SAR.

[Amethyst]

Re: Abbey bank charges

Hi Judith, did you get the acknowledgement in? we need to make a start on the defence shortly. Hope you had a lovely christmas

Ame
xx

[judith]

Re: Abbey bank charges

hi ame
happy new year to you, i am very behind with this due to the fact that i was taken into hospital over xmas and have only been back home 2 days so i need to get started doing ..
or am i to late ???
thanks
judy
xx

[Amethyst]

ahhh good to see you xxx was a bit worried

will just nip back through see where we are at date wise. You entered the acknowledgement for the MBNA claim online didnt you ? so we need to get the defence in now. Hopefully cause of christmas etc they will be lenient on days and it wont have gone to default judgement yet. So worth a shot I think.

If we can get the defence and admission entered online tomorrow or today even then we may be okay.

Would you be able to log in to your moneyclaim account and check you can still do it online, otherwise we'll do it manually.

also I assume you heard nothing back about the part 18 request you sent to MBNA ?


re the acknowledgement read this post Legal Beagles - View Single Post - Abbey bank charges