Optima Legal and MBNA

scouser2810

I'm new to all of this so please bear with me.

Firstly a bit of background, I am self employed and don't earn a great deal, unfortunately the recession has hit us hard as I’m sure it has many people, my husband lost his job in August 2009, we have several credit card between us and we managed to pay everything on time until September 2010. We contacted MBNA to arrange a payment plan but unfortunately it came down to either the mortgage payments or the credit cards, we chose the mortgage. He is in receipt of benefits but has only just started receiving help towards the mortgage as no one told him he was entitled to claim anything as we had a mortgage not a rent.
My husbands 2 debts have been passed to a collection agency who have agreed payment of £10 a month on each, mine has been passed to Optima Legal
After reading about it on this site I have started the process to reclaim the PPI on my account on October 16th but as yet they are still denying it, firstly they sent me someone else’s agreement and all of their details and when eventually I received mine it wasn’t signed or the PPI box ticked. They are saying it was done over the phone and I must have agreed to it, it was taken out in 2006 and I cant remember agreeing
I have received letters from Optima Legal and now a court claim form from them. In a letter dated 6th Dec they advise me to pay the £10 a month I have said I can afford until the PPI claim is sorted, then on the 19th a court claim form arrived for the full amount plus charges.
My question is, can they take me to court whilst the PPI is in dispute and I am paying the direct debit? The first payment has been set for 31st of December so isn’t missed as yet,
How do I reply to the court claim forms? Accept all of the debt, accept some of it ?
Sorry for the long post and I’m sure I’ve probably missed some vital detail but I’m out of my mind with worry. We have borrowed heavily from family but that cant go on,
Thank you for reading

maggy50

First of all you are claiming for the mortgage and is most important we had similar problems did not know what was available to help us benefit wise.

You say you are paying two debts via collection agencies , I am sure someone will be along with the advice to stop payments and get proof of the debt to them.

Also MBNA have you now got your details from them ? And have they written to you with their final decision ? If so you can download the FOS forms for PPI fill it in with your reason why you feel that PPI was unsold to you and send it with any letter you have had regarding PPI from MBNA.

As we have been down the same route I would like to reassure you that there is light at the end of this , we thought at the time we were alone but with the help of this site we have arrived at a better place as I hope you will soon.

maggy50

May I add from my earlier post that the legal firm MBNA have used are debt collection also I believe.

Court papers they have sent what are they ?
Are they County Court forms or their own if they are their own ignore them ! They are just trying to put pressure in you.


This company on another site are known as "Cowboys" so I would not worry there.

scouser2810

Thanks for the reply, the court papers seem to be real although never having seen one I can only assume they are. They have a stamp on them and say they are from Northampton CCBC,
they are dated 14th of December but arrived on the 20th, according to the papers I can reply online but only have till the 2nd Jan as they calculate 14 days plus 5 from the date of service.
I have read somewhere that if the account is in dispute you cant be taken to court, does anyone have any information on that,
On the letter they sent before the court papers arrived they have threatened to either send the bailiff, attachment of earnings or a charge on our house.
I'm hoping that MBNA will admit I'm due the PPI returned however even if they do their letters always take at least 10 days by which time the deadline will have gone.
I did eventually get my details from them and the box wasn't ticked, I sent another letter again asking for them to look into my claim on the 1st December, what with the christmas post and their painfully slow responses I've not yet had a reply

maggy50

Not sure of the legality but I am sure someone else can clarify this but this looks like they are ignoring the dispute of PPI

You will have to respond by the deadline or it will go against you.

scouser2810

Just come back from the CAB, they said they wont commit to give me advice as it might have a detrimental affect on the PPI claim, they thought if they said anything and it had an adverse affect I might blame them !!!
What a waste of 2 hours that was.

maggy50

The CAB did help us but in debt matters they have certain rules.
I have sent you a private message hope it is useful

scouser2810

Hi, Anybody got any ideas, this form has to be sent back today ?
Just read that if I admit the amount I should send the papers signed and back to Optima, does this mean its not a court paper ?
Sorry to sound stupid but Ive never seen one before

Thank you