MBNA taking me to County Court - Urgent help needed

[GoldenEagle]

I had an MBNA CC, lost my job and within months could not pay them anything. I spoke to CCCS and they suggested I offer and regardless of MBNA's response pay them £1 per month. I made a CCA request that MBNA ignored and after a reminder I placed Account in Dispute. I had a letter of intention of sending me default notice which never came. Letter invited me to phone them to seek help but on the phone they insisted on either payment of arrears or full settlement. I could do neither. Then started harassing calls. Anyway, earlier this year Varde's solicitors sent me court notice which I defended and then months later case was transferred to County Court. At the preliminary hearing they produced my Applications Form (insisting this was CCA), Default notice and letter of assignment. They claimed that as I had been making regular payments I must acknowledge the debt. They claimed they had sent these documents to me twice but none were received. Judge checked my address and took their word, ordered me to produce particularised defence. This I did questioning CCA, Varde's license to operate and MBNA selling the debt when the debt was in dispute. Now the case has been referred to FastTrack (attached letter). To kick off, I need to produce Disclosure Documents and Disclosure statement. And I don't have a clue.

[nemesis45]

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

Quick update. PRA discontinued

Good result!!

nem

[capricorn1601]

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

Quick update. PRA discontinued

[FlamingParrot]

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

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.

[capricorn1601]

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?

[capricorn1601]

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

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

[basa48]

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

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 !!!

[basa48]

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.

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).

[wellsummer]

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.

[basa48]

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

...........................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 !!

[wellsummer]

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.

[pt2537]

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

what was pleaded in your defence?

Thats the starting point in this,

[GoldenEagle]

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

[Ihaterbs]

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

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

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.

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."