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**Pixie** · 26 November 2010, 14:32

Re: MBNA - Now with Optima

Hi Roadster

Niddy's busy with site update/maintenance today but he will be around over the weekend to update threads. In the meantime, it might be useful if you could scan the agreement and email it to him. Put your user name in the subject line because he gets loads of them.

Don't worry. Lenders and DCAs always insist that they have complied with s78, even when they haven't

epe

I'd just ignore it for now and wait to hear from Niddy.

**Never-In-Doubt** · 28 November 2010, 07:13

Re: MBNA - Now with Optima

Originally posted by Roadster

Hi Niddy

Hope all is well with you.

Back on Jan 7th 2010 I requested a copy of my CCA with MBNA. After lots of letters back and forth it was placed in the hands of Optima in August. Whats my next step with this one. Tell them to do their worse and get it put aside or do you recomend soemthing else.

Thanks again
R

Just ignore them for the moment, let us know when they write again.......

nah

**Roadster** · 28 November 2010, 22:25

Re: MBNA - Now with Optima

Thanks Mate

Will hang fire.

Thanks for your reply

R

**oscar** · 28 November 2010, 22:49

Re: MBNA - Now with Optima

Given the date that your agreement is from, I very much doubt it complied with anything! I know Niddy has said hangfire, and I agree, but just as a reassurance really, wanted to say not to worry.

Chances are, Optima will not want to take it any further. Basis for this is, well, lets just say MBNA have had several issues with "credit agreements" - back in 1994, I doubt they knew what one looked like (and it might as well have been written on a cornflakes box!)

**Never-In-Doubt** · 28 November 2010, 23:17

Re: MBNA - Now with Optima

Ironically enough mate, if the prescribed terms were on a cornflakes box and handed to the customer - it'd be lawful and enforceable lol.

Crazy no?

**Roadster** · 7 December 2010, 17:33

Re: MBNA - Now with Optima

Hi Niddy

Ok - Optima has issued a claim against me dated 2nd December (received today).

Particulars are-

1, The claimants claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974, made between the Claimant and the defendant, whereby the claimant provided the defendant with a credit card and in return the defendant agreed to pay at least the minimum monthly payment requested in each statement.

2, The defendant failed to make the minimum payments, as required, and is therefore in breach of the said agreement.

3, A default notice was served on the defendant, which expired on 13/05/2010 and the defendant has failed to comply with the terms therein. A further demand for payment has been made, however the sum due remains outstanding. The claimants claim is therefore the principal sum inclusive of accrued interest which as at stands at 10,325.48 plus costs.

4, The claimant has complied with sections III and IV of the Practice Direction on Pre-Court Conduct.

Where do i stand now. I am very worried and dont need this just before Christmas.

As far as i see it when the default was issued i had still not received a copy of my agreement. Interest should not have accrued at all from the date they made themselves in default (outstanding) Also the copy they have sent me has been blown up to A3 size - surely that is tampering with evidence / documents (although still very hard to read and understand).

I hope you can help and i know you will tell me to stop worrying, thanks in advance

Roadster

**Never-In-Doubt** · 7 December 2010, 19:49

Re: MBNA - Now with Optima

Originally posted by Roadster

Hi Niddy

Ok - Optima has issued a claim against me dated 2nd December (received today).

Particulars are-

1, The claimants claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974, made between the Claimant and the defendant, whereby the claimant provided the defendant with a credit card and in return the defendant agreed to pay at least the minimum monthly payment requested in each statement.

** The defendant puts the claimant to proof to provide legible evidence that the defendant did indeed sign an agreement agreeing to said claims ** Then elaborate and explain point by point what you did and what they never did - proving that you gave ample time for them to send you proof of these claims as you have no recollection about agreeing to high charges, high interest and extortionate credit limit

2, The defendant failed to make the minimum payments, as required, and is therefore in breach of the said agreement.

** The defendant ceased making repayments when the claimant ignored several requests to provide proof of said agreement ** As above, explain what you did and how you did it and without it, you could not determine fairness of relationship etc...

3, A default notice was served on the defendant, which expired on 13/05/2010 and the defendant has failed to comply with the terms therein. A further demand for payment has been made, however the sum due remains outstanding. The claimants claim is therefore the principal sum inclusive of accrued interest which as at stands at 10,325.48 plus costs.

** The defendant puts the claimant to proof to provide evidence of proper default notice and termination notice as the defendant denies ever seeing such documents. Lack of said documents means no formal action can be taken, in line with CCA1974 ** Then you'd be querying how they have come to that figure, costs must be detailed and applied for, the figure of interest should be claimed separate to the total - plus you wish to contest the amount, the question of fairness in charges PLUS costs since account was sold - basically rip apart their amounts and look at any PPi, interest rate hikes etc etc....

4, The claimant has complied with sections III and IV of the Practice Direction on Pre-Court Conduct.

** See here for section III ---> http://www.justice.gov.uk/civil/procrul ... m#IDA51YOB

** See here for section IV ---> http://www.justice.gov.uk/civil/procrul ... m#IDATEZOB

Not disputed - MUCH! Rip that apart as well :red

Where do i stand now. I am very worried and dont need this just before Christmas.

As far as i see it when the default was issued i had still not received a copy of my agreement. Interest should not have accrued at all from the date they made themselves in default (outstanding) Also the copy they have sent me has been blown up to A3 size - surely that is tampering with evidence / documents (although still very hard to read and understand).

I hope you can help and i know you will tell me to stop worrying, thanks in advance

Roadster

See my comments above in blue, basically you need to go back to basics and start fact-finding, or you can let the ccj claim proceed and make monthly offers direct to the court without attendance. Basically you have 14 days from date of issuance so don't file any response until nearer that time, and then you get 14 more days to defend - if you send the claim back tomorrow, you get 14 days from then so follow the guides here: ---> viewforum.php?f=59

And read this example thread and defence for an idea of how to actually defend one of these - the word document is downloadable, for you to see the defence used by transformer999

Read this example defence: ---> viewtopic.php?f=59&t=705

Don't worry ok?

**Roadster** · 7 December 2010, 22:33

Re: MBNA - Now with Optima

Originally posted by Never-In-Doubt

Originally posted by Roadster

See my comments above in blue, basically you need to go back to basics and start fact-finding, or you can let the ccj claim proceed and make monthly offers direct to the court without attendance. Basically you have 14 days from date of issuance so don't file any response until nearer that time, and then you get 14 more days to defend - if you send the claim back tomorrow, you get 14 days from then so follow the guides here: ---> viewforum.php?f=59

Don't worry ok?

Thanks Mate for your rapid response -

I certainly wont be backing down on this 1. Will get all paperwork together and start putting something together, detailing dates and letters sent etc. Is it ok to post it here before I send it off for you to cast an eye over it ?

The claim is dated the 2nd Dec and it was received today. What is the date the court would recognise as the date of service. Or really what is my last day for sending this back to allow for longest time.

Do i mention that alleged agreement sent has been blown up to A3

Also what realistically are my chances of winning this, or am i just delaying the enevitable.

Sorry for the questions never had to deal with anything like this before.

Thanks

Roadster

And yes i wont worry

**Roadster** · 8 December 2010, 06:34

Re: MBNA - Now with Optima

Hi Mate

Ignore post above - I have now read all stuff on litigation - defence and dealing with the court and the claimant. It sounds crystal clear and will follow the procedure. Once I have a defence drawn up I will post here for you to tear apart. In he mean time will get letter sent to Optima and find date from court last submission day.

Thanks Mate

Roadster

**Roadster** · 8 December 2010, 14:27

Re: MBNA - Now with Optima

Hi
Just a quick question - do i send off the CPR 31.14 as what they have sent is a blown up copy of my agreement - tho it is very hard to read even at that size or do i send the standard CPR 18 to MBNA's solicitors.

Thanks

R

**Never-In-Doubt** · 8 December 2010, 15:42

Re: MBNA - Now with Optima

CPR 18 to solicitors.....

**billypre** · 23 December 2010, 23:03

Re: MBNA - Now with Optima

Good Luck roadster

**Never-In-Doubt** · 24 December 2010, 07:23

Re: MBNA - Now with Optima

Originally posted by Roadster

Hi
Just a quick question - do i send off the CPR 31.14 as what they have sent is a blown up copy of my agreement - tho it is very hard to read even at that size or do i send the standard CPR 18 to MBNA's solicitors.

Thanks

R

Hiya, have you sent everything off yet? Heard back....?

hh

**Roadster** · 24 December 2010, 09:40

Re: MBNA - Now with Optima

Hi Guys

CPR sent on 10th Dec as of today nothing back. Acknowledgement done online on the 21st Dec defence to be done by 3rd Jan (which is a bank Hol ??) but will do that once i have anything from the Cpr request. What happens if i receive nothing back from the Cpr request - its been 14 days as of today. Can you let me know what kind of time limits are allowed.

Thanks again Mate

Roadster

Ps - thanks for the support Billy

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