Submitted defence, requested CCA, now what

climbingoutoftheabyss

Returning to our ongoing court case.

We received court forms for Northampton from MBNA, thanks to the advice on here we requested the CCA from them (this is now at 5 days) and have entered a defence online with the court service stating that we're awaiting a response to this request.

What happens now? Do we get a court date?

Longing_to_be_debt_free

Hi,

I have also received court froms from MBNA the other day.. I have just come on here to post for advice and seen you post.

I requested a CCA from them and they duly sent it in approx 10 days.

The solicitors acting on behelf of MBNA has said they want to secure the money owed by way of a charge on my property.

:eek: :eek:

climbingoutoftheabyss

Is that solicitors by any chance Restons?

Longing_to_be_debt_free

Um yes that would be right

Is it the same for you?

climbingoutoftheabyss

Yes, ours is Reston's as well

Don't want to disturb you but I dealt with a family members debts as well and had dealings with these 'people'. A nastier bunch of jackals I have never had the misfortune to deal with. At the time I was astounded at how callous the guy I dealt with there was - I don't know how these people sleep at night.

How long is it since you took out your MBNA card? I ask as in our case its been a long number of years since my wife signed for hers.

You will still be able to fight this on the basis that the default notice may be incorrect - have yoy scanned it and posted it for 10past6 or RAS to view?

Longing_to_be_debt_free

Hi,

Mine was 2005.. They sent me thie CCA but the writting is so small its practically inteligable.

I have enclosed the link for you to have a look at
http://forums.moneysavingexpert.com/showthread.html?p=18326323#post18326323

As you will see FERMI had a look but the writting is so small no one can read it properly..

Im not sure of your situation but mine is I only have 3 years 6 months left on my mortgage and the charge for me might be better than the alternative as they could make me bankrupt as I have alot of equity in my property..

They also said that they would not do a force of sale and that I could offer a lower amount in the future as a full and final if I was ever able to get hold of some moeny in the future...

Not sure what to think..

Ive only been on my DMP for 9 months..

climbingoutoftheabyss

Its frustrating isn't it?

We've been on our DMP for 2 years, never missed a payment and have increased the monthly payment twice. In fact, I was made redundant and didn't work for 2 months and still paid the DMP in full - thats why I'm fighting this court case, I'm working my socks off to repay this debt, yet Reston's say that they need to 'secure' the debt.

Good luck with yours, have you got a new date for the case?

10past6

The CCA request is uesless once legal action has commenced.

Have you acknowledged the court claim?

climbingoutoftheabyss

Yes, I've put in a dispute

10past6

What have you entered as the dispute?

Did you request your CCA AFTER you received the court papers?

climbingoutoftheabyss

I asked for the CCA after I received the court papers, its one you will have seen before, you have seen the default notice and said that they are not correct. The CCA request is now 5 working days.

I put in a dispute based on the fact that I need the CCA to check the terms

This was what you told me last week - have I done it wrong?