MBNA - please help

Clarabara

Please help. My father has (amongst other debts) a credit card with MBNA. He has no paperwork. He had found himself via ill health unable to keep up repayments and has received numerous telephone calls to chase payment. Now, he has received a claim form in response to which he returned acknowledgment of service. He has received a General Directions order confirming that the "application to extend the time to file a defence until 11/03/2010 is granted". However, he has been seriously unwell recently and unable to deal with this matter and I was not aware of it until today. I understand that he is required to complete the defence form and return to the court prior to that date.
The claimant is actually now Hillesden Securities Ltd and the particulars of claim is for "the amount due and unpaid as at todays date under a regulated running monthly credit account". The amount claimed is almost £25,000.
My understanding is that it is possible that this agreement is not enforceable unless they can provide a copy of the agreement. My father recalls possibly signing something which came in the post but does not have a copy. He believes that this would have been as long ago as 1999.
I do not understand their description of the regulated running monthly credit account. Could this still be a Consumer Credit Agreement?
My father always paid for a PPI but when he enquired about claiming on the policy in February 2009, he was informed that he was not covered due to being self-employed.
Could anyone please provide any advice on how to proceed/ complete the claim form/ grounds for defence etc. Should we write seperately to the claimant/Hillesden/MBNA?
Please help. Thanks.

di3004

Clarabara wrote: »

Please help. My father has (amongst other debts) a credit card with MBNA. He has no paperwork. He had found himself via ill health unable to keep up repayments and has received numerous telephone calls to chase payment. Now, he has received a claim form in response to which he returned acknowledgment of service. He has received a General Directions order confirming that the "application to extend the time to file a defence until 11/03/2010 is granted". However, he has been seriously unwell recently and unable to deal with this matter and I was not aware of it until today. I understand that he is required to complete the defence form and return to the court prior to that date.
The claimant is actually now Hillesden Securities Ltd and the particulars of claim is for "the amount due and unpaid as at todays date under a regulated running monthly credit account". The amount claimed is almost £25,000.
My understanding is that it is possible that this agreement is not enforceable unless they can provide a copy of the agreement. My father recalls possibly signing something which came in the post but does not have a copy. He believes that this would have been as long ago as 1999.
I do not understand their description of the regulated running monthly credit account. Could this still be a Consumer Credit Agreement?
My father always paid for a PPI but when he enquired about claiming on the policy in February 2009, he was informed that he was not covered due to being self-employed.
Could anyone please provide any advice on how to proceed/ complete the claim form/ grounds for defence etc. Should we write seperately to the claimant/Hillesden/MBNA?
Please help. Thanks.

Hi and welcome

Sorry to hear of your father's issues.

I am not sure on the unenforceablility side of things, maybe for this you would be better off posting on the actual loan thread itself here:
http://forums.moneysavingexpert.com/forumdisplay.html?f=12
Hope this is resolved soon.

In regards of the PPI, as he was not covered for PPI and paying for this then maybe it would be best to try to reclaim on this.
You write to the ones who set this up, and they have 8 weeks to respond in full, if they do not resolve in your dad's favour by the final response, they should if eligble give details of the financial ombudsman service (FOS), where you can then move this complaint on to these.

For more on reclaiming the PPI, check the link out here below, its very useful, and the guidelines of reclaiming the ppi back, with templates and useful information, to help you step by step of the way.
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

Good luck with this, please keep us posted and in regards of the other issue, check out the first thread I posted for you, fingers crossed.

Di