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MBNA taking me to County Court - Urgent help needed

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  • #76
    Re: MBNA taking me to County Court - Urgent help needed

    I wrote to them saying I want to inspect originals. Thye ignored the request and now I have to produce a Witness Statement

    Comment


    • #77
      Re: MBNA taking me to County Court - Urgent help needed

      Originally posted by GoldenEagle View Post
      I wrote to them saying I want to inspect originals. Thye ignored the request and now I have to produce a Witness Statement
      One presumes that you made the request under CPR Part 31.15?

      Comment


      • #78
        Re: MBNA taking me to County Court - Urgent help needed

        Yes I did. Now we have done the N265 disclosures. I asked to see the originals they listed therein and they have not sent anything. And I don't have a clue on how to do a witness statement.

        Comment


        • #79
          Re: MBNA taking me to County Court - Urgent help needed

          Originally posted by GoldenEagle View Post
          Yes I did. Now we have done the N265 disclosures. I asked to see the originals they listed therein and they have not sent anything. And I don't have a clue on how to do a witness statement.
          A good guide to witness statements is given by the PDF document here ---> link.

          Another readable guide is here and an example is here. That refers to Part 32 of the CPR on the Department of Injustice website, which is here, with the supplemental Practice Direction here.

          (Puts black cap on head and starts to peel a small onion.) "And may God have mercy on your soul."

          Comment


          • #80
            Re: MBNA taking me to County Court - Urgent help needed

            The prescribed terms were contained on the reverse of mbna agreements.

            Comment


            • #81
              Re: MBNA taking me to County Court - Urgent help needed

              Not sure what I can use for Witness statement. Some points I am thinking on are:
              • MBNA are still investigating my complaint
              • MBNA did not send the CCA, DN, Assignment letter
              • they did not send statements for the last 7 of so months
              • Assignment letter is undated
              • Varde did not have a license at the time they went to N'ton Bulk Centre


              Any other ideas thoughts would be much appreciated

              Comment


              • #82
                Re: MBNA taking me to County Court - Urgent help needed

                what was pleaded in your defence?

                Thats the starting point in this,
                I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                If you need to contact me please email me on Pt@roachpittis.co.uk .

                I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                You can also follow my blog on consumer credit here.

                Comment


                • #83
                  Re: MBNA taking me to County Court - Urgent help needed

                  GE. You REALLY need to find the original default notice that was sent in 2009 because I can gaurantee it would have asked for the full amount outstanding and not just the arrears, thus making it fatally invalid. I have three from around that time all asking for full amount. When this was queried with one DCA they (mnba) managed to send out one just asking for arrears.

                  Comment


                  • #84
                    Re: MBNA taking me to County Court - Urgent help needed

                    Originally posted by wellsummer View Post
                    ...........................When this was queried with one DCA they (mnba) managed to send out one just asking for arrears.
                    Did this new DN have the same dates of issue and remedy as the original DN ? Mine did, so I reckon that is a misleading action if not something worse !!
                    They were out to get me!! But now it's too late!!

                    Comment


                    • #85
                      Re: MBNA taking me to County Court - Urgent help needed

                      Yes, all they had changed were the full amount to arrears owing at the time. There were so many issused around July to September 2009 all asking for the full amount.

                      Comment


                      • #86
                        Re: MBNA taking me to County Court - Urgent help needed

                        Originally posted by wellsummer View Post
                        Yes, all they had changed were the full amount to arrears owing at the time. There were so many issused around July to September 2009 all asking for the full amount.
                        Hmm.

                        Mine was sent to me as a 'copy' of the original after I told a DCA the original was faulty (very faulty). They didn't believe me so asked MBNA for copy which they then sent to me. This being 15 months after the account was terminated and sold.

                        Imagine their surprise when I sent them a true copy of the original !!

                        In my opinion, trying to pass off the second DN (which might have been valid if sent at the time) as copy of the original one sent to me smacks slightly of deception and would certainly be misleading (as defined in CPUTR).
                        They were out to get me!! But now it's too late!!

                        Comment


                        • #87
                          Re: MBNA taking me to County Court - Urgent help needed

                          Originally posted by Ihaterbs View Post
                          The prescribed terms were contained on the reverse of mbna agreements.
                          Not mine I reckon :tinysmile_hmm_t2:

                          It's pretty clear MBNA have mashed-up an application with PTs and return address on the back.

                          The whole thing was unreadable so they sent a 'copy' of the PTs. They even increased the size from A3 (as it would have been if it were actually on the reverse side) up to A4.

                          I assumed this must be because at A3 they are always unreadable and they increased the size to help me!!!! Aren't they nice !!!
                          They were out to get me!! But now it's too late!!

                          Comment


                          • #88
                            Re: MBNA taking me to County Court - Urgent help needed

                            ANy update on this case? Did it ever go any further?

                            Comment


                            • #89
                              Re: MBNA taking me to County Court - Urgent help needed

                              HI All

                              I could really do with some advice on my case. I have received a very heavy letter from PRA today saying they are starting court action and have issued a new Default Notice.

                              Can anyone advise me?

                              Comment


                              • #90
                                Re: MBNA taking me to County Court - Urgent help needed

                                Originally posted by capricorn1601 View Post
                                I could really do with some advice on my case. I have received a very heavy letter from PRA today saying they are starting court action and have issued a new Default Notice.

                                Can anyone advise me?
                                PRA or any debt purchaser for that matter, are not allowed to issue default notices, they can only be issued by the original creditor, normally a few months after you break your agreement with them by failing to make contractual payments.

                                It would be good if you could post up the documents you have received (taking care to remove all personal details). :typing:

                                As this is a very old thread dating back to 2012, it would be easier if you started a new thread with your documents.

                                Comment

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