Preparing for court advice

Andy_one_day

Hello to you all.

I think the name tag says it all really. Like a lot of people i managed to get into debt and after finally having to face up to it i registered with the CCCS last year. Something which i would recommend to all, i would add.

After setting up the plan with them, repayments began. The only company which did not agree to their slice of the cake was MBNA. They made it clear that they wanted more than they had been awarded on the plan to meet with their minimum requirment for the size of the debt owed to them. Following lots of phone calls from them, they continued to pursue the fact if i set up my own aggreement outside of the CCCS, they would accept the plan. After talking with the CCCS they advised me that i would be going against the contract i had with them. When i told MBNA this they went away for a few months. But they did continue to inform me each month that i was defaulting on the debt, as they did not accept the plan. But they did take the money.

Now the latest news and the reason for the posting was that i recieved a letter today from Optima Legal stating that they were acting on behalf of MBNA to recover the debt in full, they then go on to say that i can make a offer to MBNA but only via them now? after speaking with the CCCS and with them looking at the information from Optima it turns out they in fact now own the debt and not MBNA, so the letter is very misleading. But the upshot is, if they do not recieve a offer of settlement within 10days or i can agree to a repayment of almost 4 times what i was paying before they took over the debt, they will issue proceedings. They were quite firm about this. Having spoken again with the CCCS i was told there was nothing that can be done about it and it was a case of waiting for the papers to turn up.

So now comes the question? in the ten days of advance notice of the potential issuing of court papers is there anything i should be doing to make ready the case going to court. i have seen various bits and pieces about the requesting of information from the card issuer, the aggrement, and as i have had this card for around 15years or so, is it worth it, given the ruling back last year, which i read of here on the site. I understand that with timescales invovled, the extra 10 days notice i have may be handy for me. As they have to respond to me within 12 days of requesting the information or they cannot issue proccedings or if they do, it cannot be enforced. If i do nothing i understand they can win by default anyway. This may all be a waste of time, but i did not want to sit back and do nothing, i did that for too long and it is what got me to where i am now.

So with 10 days to go what would you do, or recommend to others?

Thanks for all advice.

One day debt free, never again.

RAS

Hi

Have you requested the CCa for this account? You need to do this before legal action starts.

Do you have the default and termination letters from MBNA? if these are faulty, no-one can take successful legal action if you defend the case.

Andy_one_day

Forgive me for sounding stupid, but what is a CCa

I have a pile of defaults from MBNA which they continued to send me whilst they were recieving payments, as they always made clear they did not accept the amount awarded in the repayment plan. Yes i did recieve a termination notice a short while back.

Thanks for your reply

dancingfairy

Hi as far as I know the CCA is the original credit agreement you would have signed - basically some of them are not worth the paper they are written on and are not set out correctly as they should have been in law (as far as I understand).
MBNA MAY be bluffing you - a lot of companies threaten legal action to get more money out of you - I am not saying that they won't take action - just that it may be being used as a threat.
Also you are being responsible here - you have recognised you have a problem, sought professional advice and payed what you can after seeking that advice - the fact MBNA don't like it - well - they can't have what you haven't got - people aren't exactly thrown into prison and the key thrown away anymore and surely a judge will see that you are doing your best?
How much do you owe still to MBNA?
df

Andy_one_day

I take it as a Credit Card agreement? looking at it after.

Is there a template letter available here? and may i ask, is there much point to this, given what i have read about them no longer needing to supply it? forgive me if i have it wrong and i will be printing one straight of if it helps.

Thanks for the advice

RAS

If there is no correct Consumer Credit Agreement, you can stop legal action

Read here: http://forums.moneysavingexpert.com/showthread.html?t=2060575

RAS

This thread explains default letters

http://forums.moneysavingexpert.com/showthread.html?t=1663341

You need to look for all the letters that MBNA sent you before they put the default on your account.

dancingfairy

I think that there's little else you can really do at this point until you actually receive court papers.
Also - they write agreements and go after people when they don't stick to them and use loopholes to get out of things and don't like it when people fight back - I don't think people should get out of paying (which I think some people think this is what challenging CCA etc is all about - but I am not classing you in this cateogry) but clearly it may prove to be a useful weapon and allow you to repay what you can comfortably afford rather than what they demand.
I think also that perhaps the reason you have read about them not being challengeable is maybe because lenders are tightening up and getting the paperwork correct now.
Anyway I don't think it would hurt to prove to them that you aren't going to be walked all over.
df
That's my personal opinion anyway.

RAS

Andy_one_day wrote: »

I take it as a Credit Card agreement? looking at it after.

Is there a template letter available here? and may i ask, is there much point to this, given what i have read about them no longer needing to supply it? forgive me if i have it wrong and i will be printing one straight of if it helps.

Thanks for the advice

They are required just the rules are tougher for accounts opened prior to April 2007.

Andy_one_day

Thanks for the support.

Total outstanding to them is around £15,500 a frightening
sum, and when you look back you think of what a fool you have been. After digging my head out of the sand the time had come to get it sorted out.
They were not the only company only owed and all of the others have accepted the plan. But there you go, i understand they are well know for it.
What through me with this was that it seemed apart from offering to settle, which i cannot afford, they want 4 times what MBNA wanted on the plan. And i am assured by the CCCS they MBNA no long are the owners of the debt. It seems from this that knowing all of the information they are keen to go to court for some reason.
It always seems that when you think you started to get back on top of things something else comes along. Only advice i have to give is avoid MBNA at all costs, everyone else whilst not being happy about the situation do at least allow you to try your best to resolve it. MBNA just hound you every day of the week numerous times at the start.

dancingfairy

There is a letter telling them to correspond only in writing and if they fail to comply they can be reported and potentially fined.
I'm guessing that it's an unsecured loan? do you rent or have you a mortgage?
I'm just thinking that potentially they may want to secure a charging order (this is not as scary as it sounds but still best avoided if possible) or bankruptcy - this is not to scare you but more to arm you with the possibilities so you can plan your defence.
df