Mbna / Restons

[summersun6]

Help ! I have discovered your site and require some help and advice relating to an MBNA credit card, which Restons are taking me to court over.:tinysmile_cry_t:

[TUTTSI]

Re: Mbna / Restons

Hi Summersun

Welcome to Leagle Beagles.

Have you charges on this MBNA account that you could claim back?

Have they actually issued proceedings yet or just informed you of their intentions?

Are you having problems paying the monthly minimum?

If you have any more information that would help us to advise you.

Tuttsi

[summersun6]

Re: Mbna / Restons

I am sure I have plenty of charges to claim back. I have a county court claim form (issue date 16/06/2010). With regards payments, I was self employed and struggled with all my credit card payments, but have now got a job and have offered to pay all three c/c a payment of £75/month. MBNA initially agreed over the phone but never confirmed in writing. I missed one payment and the court papers followed.
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I applied for the c/c in Sept 2005.
I have sent MBNA a CCA request on 15/06/10 but have received no reply as yet.
I received a default notice on 09/04/10.
I also spoke to Restons solicitors, as MBNA refused to speak to me, to try and find out what kind of settlement figure they would accept if I were able to borrow the money. I owe £6k, they asked for £4.5K, I said I could borrow £2k max, they refused.

[TUTTSI]

Re: Mbna / Restons

Ok, do you have all your credit card statements?

You can go back 6 years. have a look at thsi link http://www.legalbeagles.info/forums/...ad.php?t=16460

If you use one of the spreadsheet calcultaors you will will be able to find out how much you are due back and this can be deducted from any future settlement.Legal Beagles Consumer Forum

Tuttsi

[summersun6]

Re: Mbna / Restons

I think I have the vast majority of them, I will dig those out this evening and look at those places you have highlighted.

When do I have to reply to the court summons ?


ps. I am soooo grateful for your help !!!!

[summersun6]

Re: Mbna / Restons

Thanks, have looked at the link, should I now be sending a subject access request or not yet ?

[TUTTSI]

Re: Mbna / Restons

I would send the Subject Access request off immediately to the data controller at MBNA as they can take upto 40 days to arrive.

In the mean time you could let Restons know by writing to them that you are disputing the amount that they are requesting and that you have sent a subject access request and a cca request directly to their client and until you have received the information requested you are fully disputing the amount that they are claiming.

If you say you have received a court claim you will need to let the court be aware that the sum they are claiming is in dispute, have you sent back the court documents yet and advised if you are defending or if the sums they are claiming is correct?

Tuttsi

[summersun6]

Re: Mbna / Restons

Ok will get them off first thing tomorrow.

As for the court, no I have not made any contact yet.

Summersun

[MIKE770]

Re: Mbna / Restons

Ok will get them off first thing tomorrow.

As for the court, no I have not made any contact yet.

Summersun

Send recorded delivery then track/trace Post Office site, send any letters etc to MBNA/OTHERS, Recorded Delivery from now on I would suggest.

[MIKE770]

Re: Mbna / Restons

I would send the Subject Access request off immediately to the data controller at MBNA as they can take upto 40 days to arrive.

In the mean time you could let Restons know by writing to them that you are disputing the amount that they are requesting and that you have sent a subject access request and a cca request directly to their client and until you have received the information requested you are fully disputing the amount that they are claiming.

If you say you have received a court claim you will need to let the court be aware that the sum they are claiming is in dispute, have you sent back the court documents yet and advised if you are defending or if the sums they are claiming is correct?

Tuttsi

Any signature make sure you put a Cross or distingushing mark for safety, not I am sure they would even try to lift your signature?
or use for signature crossed see below: -

[WendyB]

Re: Mbna / Restons

If you have a summons you need to send the acknowledgement within 14 days of service date which is usually 2 days after the date it was raised, so it would need to be sent within the next couple of days.

[MIKE770]

Re: Mbna / Restons

SAR - would the details not come under CPR rules (no fee)??? if summons has been issued, or make a request under those rules?????

[summersun6]

Re: Mbna / Restons

Can you just confirm that on the court acknowledgement papers I should tick the box which says "I intend to defend all of this claim" ?

Thanks Summersun
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......sorry, also it says I can respond to the claim online. Is that advisable or shall I do it by post ?

[TUTTSI]

Re: Mbna / Restons

what is the choice of questions?

You can do it by post or online, it does not matter. The online will send to your local court in any event.

[summersun6]

Re: Mbna / Restons

1. admit all the amount claimed and you want time to pay
2. admit part of the amount claimed
3. dispute the whole claim or wish to make a claim (a counterclaim) against the claimant
4. you need 28 days (rather than 14) from the date of service to prepare your defence, or wish to contest the courts jurisdiction
5. you do nothing, judgement may be entered against you