MBNA - Now with Optima

[Roadster]

Re: MBNA - Now with Optima

O and and very Merry Christmas to you all and a Happy New Year
xx

[Never-In-Doubt]

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

Hiya, see here: ---> viewforum.php?f=59

Basically if they have not responded with answers then you'd apply for set-aside until they do, or strike-out. In any case, you should have a read here for a good example defence, obviously you do your own version but this thread shows a damn good example defence that outlines the things you should be pointing out: ---> viewtopic.php?f=59&t=705

Merry Christmas to you matey

[Roadster]

Re: MBNA - Now with Optima

Hi Mate

Hope all is well and Santa was good to you - just a quick question if i sent off the CPR request on the 10th am i right in thinking they had till the 24th to respond. My defence must be in on the 3rd, this only leaves 3 postal days left between now and then. if nothing arrives before the 3rd do i file my defence or just go for a strike out. Will the judge give them more time to submit my request or will it be just thrown out. If it is struck out can they file again and start from the beginning.

Thanks Mate

[Wishfull]

Re: MBNA - Now with Optima

good luck

[Roadster]

Re: MBNA - Now with Optima

Hi and a happy new year to everyone

My defence needs to be in by the 3rd - which I will do online. As yet I have received nothing back from my CPR request. Firstly do I fill out a full defence listing all the points of what they did and didn't do with a note saying that I have received no reply from my CPR request. Or do I file an embarrassed response and request a strike out. If it's the later do you have any suggestions on the wording to use.

Thanks again

Roadster

[Roadster]

Re: MBNA - Now with Optima

Hi Niddy

Ok I have several versions of a defence to submit online by the end of today,

1st is a point by point breakdown of their particulars and answers/defence by me.

2nd is similar but mentions several times lack of CPR info

3rd is a simple few lines of embarrassment and a request for a N244 order placing on record lack of CPR

If you want me to upload these for your perusal let me know. Also which one do i file online by the end of the day.

Thanks again

R

[Never-In-Doubt]

Re: MBNA - Now with Optima

Sorry just noticed older posts.

Ok, you'd be best submitting a full defence, and request strike-out at the same time. Obv, you are free to submit an embarrassed defence but personally id do a full list defence point-by-point.

Also, if it's struck out - yea, the lender or DCA can take action again in the future. However not many will do, if you successfully beat them once.

Post a version of the full defence up (or email me) and I'll look through it today for you.

[Never-In-Doubt]

Re: MBNA - Now with Optima

Going on from your PM, although it's too late to amend anything, your file application is fine

See what happens now eh?

[Roadster]

Re: MBNA - Now with Optima

Hi Mate

had a response from the court - re my defence as follows

I acknowledge receipt of your defence. A copy is being served on the claimant or claimants solicitors. The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

I think thats goodish news - what do you think, also still no sign of any CPR18 request. Not even we are looking into it letter. I have proof of posting and receipt of the CPR request so they cant argue of non receipt.

Hope your well

Roadster

[Never-In-Doubt]

Re: MBNA - Now with Optima

Any change, as i've missed the last week or two....

[Never-In-Doubt]

Re: MBNA - Now with Optima

I think thats goodish news - what do you think, also still no sign of any CPR18 request. Not even we are looking into it letter. I have proof of posting and receipt of the CPR request so they cant argue of non receipt.

A stay is stalemate, it sits there til someone applies to the Judge to lift it, and he will then decide if it is grounds to or not. Some claims are stayed for many months/years....

You now just sit back and see what happens. Do not communicate directly with the other party (claimant).... they'll try anything to get you to talk now! Muppets

[Roadster]

Re: MBNA - Now with Optima

Hi Mate - hope your well

Fab Site by the way -

I have a few updates to post - but will do them later tonight i gotta be in work today - also i cant seem to find any template letters - its probably me being dull and looking in the wrong place.

Catch up later

Roadster

[rhinoman]

Re: MBNA - Now with Optima

Hi Mate - hope your well

Fab Site by the way -

I have a few updates to post - but will do them later tonight i gotta be in work today - also i cant seem to find any template letters - its probably me being dull and looking in the wrong place.

Catch up later

Roadster

Hi I hope this helps
General Debt Templates
http://forums.all-about-debt.co.uk/s...05&postcount=1
Unenforceability Template Letters
http://forums.all-about-debt.co.uk/s...=4&postcount=1
Regards
Rhinoman

[Never-In-Doubt]

Re: MBNA - Now with Optima

Bloody impressive - well done! Thanks Rhino.....

[Roadster]

Re: MBNA - Now with Optima

Hi Niddy

Sorry not been back sooner been having comp probs - now sorted.

Story so far -

CCA request 7th Jan 2010 - no response - usuall letters back forth

Default notice served 13th May 2010

2nd Nov Optima send me copy of CCA (blown up to A3 and illegible)

Optima start court proceedings 2nd Dec

CPR request sent on 10th DecDefence due in by 3rd Jan

Letter from court as mentioned above on 4th Jan

No response from CPR request untill Jan 8th - now what they have sent me is copy of default notice and the last 6 years statements and some sort of abreviated /coded i presume telephone convs over the last 5 years. Cant really make sense of it.

Guess they have till the 4th Feb to carry on with it.

Hope all is ok with you.

Roadster