MBNA - AKTIV KAPITAL Chasing

[strawberrybabe]

Re: MBNA - AKTIV KAPITAL Chasing

Do you know what address I sent the SAR letter to? Who do I address it to?

[strawberrybabe]

Re: MBNA - AKTIV KAPITAL Chasing

I found the address, I think. Is it

MBNA Credit Card
Chester Business Park
Chester
CH4 9FB

Who do I address it to? Legal team?

[strawberrybabe]

Re: MBNA - AKTIV KAPITAL Chasing

I found a letter from MBNA dated 16th November 2009 with offer of 1) reduced payment plan or 20 partial settlement. There is no termination letter anywhere.

I think the copy of an agreement is NOT an agreement, at least the copy is not a properly executed agreement.

Aktiv Kapital sent in their Wittness Statement exhibits, a letter from MBNA to Varde. However, there is no date on it. There is no letter of where it went from Varde. Then, there is another letter from Aktiv Kapital dated 20/04/12 saying that they purchased the account from Varde Investments but further down it says to continue to pay to Experto Credite?

I think I need to go to my local internet cafe to have the documents scanned.

Before I posted this thread I have mulled over dozens of posts you have, hence I decided to ask you about my husband case, as it sounded very hopeful in many cases I read. However, they did give any updates as to what had happened after they had been to a hearing (most of them did not).

I mulled over so many threads but just to give an example here, I mulled over:

http://www.legalbeagles.info/forums/...-letter-needed

http://www.legalbeagles.info/forums/...y-of-Agreement

etc.

[Amethyst]

Re: MBNA - AKTIV KAPITAL Chasing

If you have a google image search on MBNA CCA you'll see lots of examples of the agreements - they tend to be 1/4 of A4 size with a signedy bit then Financial and related terms and conditions on the back, with a reconstructed leaflet of terms with it.

eg

Will come back and go through the rest of your post in a bit.

[strawberrybabe]

Re: MBNA - AKTIV KAPITAL Chasing

I wrote the letter. Can I send my cheque, so they do not see my husband's signature, as I read on one your threads that he should avoid signing documents to avoid them from misuse? Am I correct about that?

So, can I send it with my cheque for 10 quid, and send it without his signature?

Shall I send it to:

The Data Protection Officer

at

MBNA Credit Card
Chester Business Park
Chester
CH4 9FB?

Thank you so much for your help!

straberrybabe (very much in distress)

[MIKE770]

Re: MBNA - AKTIV KAPITAL Chasing

deleted

[Amethyst]

Re: MBNA - AKTIV KAPITAL Chasing

I found the address, I think. Is it

MBNA Credit Card
Chester Business Park
Chester
CH4 9FB

Who do I address it to? Legal team?

Data Protection Compliance Officer
MBNA Limited
PO Box 1004
Chester Business Park
Wrexham Road
Chester
CH4 9WW

[Amethyst]

Re: MBNA - AKTIV KAPITAL Chasing

[QUOTE=strawberrybabe;487736]

With regards the claim against you, you already know you could have applied to set aside the Judgment but we are sadly past that stage.

Can we still ask for a hearing though, and ask the judge to overturn the judgement? My husband never admitted to the claim (unless, asking for Variation Order is an admittance in itself)? The papers we were sent do not look entirely professional. On some of them there are no dates (e.g. acquisition of the debt from Varde). I can scan them for you. Also, his signature on what looks like an application rather than an agreement looks very neat whilst the rest of the document is hardly readable. Strangely, they sent him another copy of the same ''application'' with no signature on it. That one, actually looks very neat, I mean the background and everything. Separately, they sent T&Cs which they had never sent with the original in 2003 ( I also had an MBNA, and have all the paperwork, but there are none with T&Cs, again the paper I have looks like an application, not an agreement with signature and T&Cs on it).

I am curious at how long time should have passed between serving the Last Before Action Letter and the actual filing of the claim with the Bulk Court in Northampton. The letter we have from them quotes 29th November but it did not arrive until well after the beginning of December. Now, I remember, thinking to myself when it arrived, that I had had to deal with it (but we had lost a baby and I had a last minute emergency operation). I remember that possibly 10 consecutive days passed or something like, but not much longer than 14 consecutive days, after we received the Last Before Action Letter. And I think they filed the claim to Bulk Court on 21st or 22nd December. Should there have been a 14 working days period before they had filed it to the Bulk Court (I will double check the dates)?

There should but once the claim is in it matters very little I'm afraid.

The papers that he received, just before the hearing, which we only saw on our return from my parents, shows a signature but could have been photoshoped (seriously, my husband does not remember if he had signed anything in 2003). It looks more like a signature on an application form (can we ask for a true ORIGINAL copy of the signature?). He never corresponded with MBNA.

Before I go further, can I post the documents here after scanning? Yes please - redact your personal information off first though

You mention you had a variation in October to installments - but you haven't paid anything as yet ? The variation order ordered for the first instalment to be paid on 7th November. So, my husband asked the judge to reduce the installments as we cannot afford them (I lost my job, as it took me nearly a year to recover after my last-minute emergency operation). So, we have not pay anything, and are awaiting 27th November. Can we, actually, file an N244 and challenge the signature, as we have not seen the true ORIGINAL copy (and whilst we are awaiting the hearing, perhaps, we can still see, if e could challenge them on any other point)? They don't actually need to produce the signature unless you are denying the card / account is yours at all. ie. Signature doesn;t come under the techinical CCA copy document argument but would come under evidence if the debt is compeltely denied and there's no other evidence showing it is yours.

The hearing on the 27th is to determine how much the installment amounts should be. Have you got all your income and expenditure/assets & debts etc sorted for the hearing? He applied for a variation order, as we did not know what to do, and he was still recovering after his operation on a tumour that had attached to his elbow (this is already second operation on his elbow along the same line; to get better he will possibly need another operation, if it goes well, or couple - the surgeon says). So, he was confused as what to do after the judgement was passed in September.

Do you own your own home? No, we are renting. We nearly have no assets. On the application for variation of an order we put in the part 6. Income our incoming /outgoing. That's good news there is very little they can do to you other than accept instalments if the instalments offered are reasonable. If you do miss instalments after this they could apply for attachment of earnings or bailiffs etc which is why it is important to get the court to order AFFORDABLE long term instalment payments. You are doing the right things so don't worry.

Also, sadly, you won't be going Statute Barred. Once a court claim has been entered it resets the clock completely. I did not mean to have absconded from that debt from the beginning. Only my husband had had a lyme disease of which we had known nothing at the time. He had been seen many doctors and specialists who could not find anything wrong with him. Yet, he had not been feeling well at all, in fact he was deteriorating. Nearly on his last legs, finally, thanks to God, he was diagnosed by my aunt who ask him to find her information on Lyme Disease, as she recently had several patients with Lyme Disease. So, it was all off chance. Till then, during several years he had lost couple of jobs, and did not get promoted in the last one, as he could not concentrate – of the effects of Lyme Disease.

In 2009 I sought advice from CCCS. I prepared the budget and the list of creditors. Unfortunately, I do not know how that happened, but I erased my husband’s MBNA from it, as I thought that I had made a mistake, and he did not have an MBNA. CCCS did not ask for the credit card numbers, only to list the cards and the amounts owed. We still have all the MBNA papers for my account, strangely I cannot find the early information for his account, but I will have another look round. So, this how it happened that he did not pay for nearly 4 years, until the Aktiv Kapital filed the claim against him with the Bulk court in December 2013.
I will send the SAR letter. He did not have any PPI. What is of my concern is that those papers do not look professional, and I wonder if there are some flaws in them?

Thank you so MUCH, Amethyst, for looking into this and for all your help!

strawberrybabe

We do need to see the agreement and other documents you have received from the Claimants, but to be honest it is likely they are complaint .

[strawberrybabe]

Re: MBNA - AKTIV KAPITAL Chasing

We do need to see the agreement and other documents you have received from the Claimants, but to be honest it is likely they are complaint .

Deat Amethyst,

I have posted the documents below. I hope you can see them.

[Amethyst]

Re: MBNA - AKTIV KAPITAL Chasing

Yep got them thankyou. And yes they are standard MBNA fayre.

Did you get the full terms and conditions with them or just those copies of the 1/4 page bits.

[strawberrybabe]

Re: MBNA - AKTIV KAPITAL Chasing

I don''t know if you had a good look at them, as the other pair of documents is not the same. Not only that, my husband's signature looks photoshope-like,and looks like one he uses now, and not the one he used to use.

[strawberrybabe]

Re: MBNA - AKTIV KAPITAL Chasing

Yes, there were many pages of terms and conditions, but those ones were never sent in 2004.