MBNA - Now with Optima

[Never-In-Doubt]

Re: MBNA - Now with Optima

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

Hiya, ooooh - time is almost up, Friday at 4pm should be good enough to check and see if the claim has been stayed..... In any case, not much we can do right now, wait until the end of the week, or next Monday - and then ring the court and see what they say!

[Roadster]

Re: MBNA - Now with Optima

Hi Niddy

Hope all is well.

Received nothing in the mail regarding the claim so finally rung the court. It has been stayed, the court say they can apply to a judge for an order lifting the stay.

I guess thats good news so far. Maybe they will go away now.

Roadster

[Never-In-Doubt]

Re: MBNA - Now with Optima

Hi Niddy

Hope all is well.

Received nothing in the mail regarding the claim so finally rung the court. It has been stayed, the court say they can apply to a judge for an order lifting the stay.

I guess thats good news so far. Maybe they will go away now.

Roadster

Excellent, it is now up to them to apply to lift the stay - you can, for the same respect request strike-out but i'd not, best leave it and see what develops...

[gforce2k]

Re: MBNA - Now with Optima

Hi Roadster I have a similar situation with a link claim for my OH's MBNA account.
The DN looks bad and assignment was dated before the DN remedy deadline.

Right now I'm putting in an amended defence urgently Today
(I made a massive mistake with my online defence which was to hurredly copy and paste from an old NEXT embarrassed defence - the name changes I made didn't copy across so it states Next NOT Link & MBNA as it should!!).

I have to file an proper amended defence ASAP via N244 to avoid link going for default due to the mistake.
Can I possibly look at your defence quickly as a guideline? Maybe PM me?

My full threads are on the following but I am going to copy across to here when I can:
Consumer Action Group
Link mbna claim! :-((
http://www.consumeractiongroup.co.uk...mbna-claim!-((

Legal Beagles
Link MBNA Claim Urgent Help needed please! http://www.legalbeagles.info/forums/...ad.php?t=27524

Thanks
GF2k

[Never-In-Doubt]

Re: MBNA - Now with Optima

Best of luck GF2K

[Roadster]

Re: MBNA - Now with Optima

Hi Niddy

Hope all is well with you - Had a reply today from Optima. Along with a blown up copy of an application form I signed back in 94. Its all too long winded to post here so i will scan everything and send it over. Im in work in the morning and will do it then. Your expert opinion and valued advice is always appreciated.

Roadster

[Roadster]

Re: MBNA - Now with Optima

All done just mailed you the stuff they sent - speak soon

Cheers Mate

[Never-In-Doubt]

Re: MBNA - Now with Optima

Hi matey

Ok, i've read through it all properly now - sorry about the previous emails/confusion!

Right a few things spring to life here, none moreso than the fact that their terms do not encompass or contain ANY of the Prescribed Terms which will be the main thing that Optima mess up on here, nowhere have they mentioned this, however it's evidently missing from the terms that they have sent you;

Namely, there is no APR, there is no monthly repayment amount, there is no default charges, there is no cancellation notice.... its a right royal mess.

Can you now confirm what has happened, ie have you literally received that from Optima or from the courts, ie have Optima applied to lift the stay or are they simply responding to your CPR18?

Please clarify the above, and in the meantime check the The Prescribed Terms against your terms, you'll see the errors immediately, ie the missing required elements.

Point is, in line with case law this is unenforceable. I will PM you details of our preferred solicitors if you can confirm the above for me....

Thanks mate and sorry again for the delay and confusion!

[Roadster]

Re: MBNA - Now with Optima

Hi Mate

All what i have sent you is from Optima - reply to my CPR request (reply to Defence) also there is a Tomlin Order for me to sign (not going to). Its all printed on plain A4 white paper - it looks official but im sure its not from the court only from Optima. If it was from the court the paper would be blue.

I see what you mean about the Prescibed Terms.

I have just check MCOL and no application has been made by Optima to lift the stay.

Your a star i was getting a bit worried about this one.

Cheers

Roadster

[Never-In-Doubt]

Re: MBNA - Now with Optima

Hi Mate

All what i have sent you is from Optima - reply to my CPR request (reply to Defence) also there is a Tomlin Order for me to sign (not going to). Its all printed on plain A4 white paper - it looks official but im sure its not from the court only from Optima. If it was from the court the paper would be blue.

I see what you mean about the Prescibed Terms.

I have just check MCOL and no application has been made by Optima to lift the stay.

Your a star i was getting a bit worried about this one.

Cheers

Roadster

Hiya

As I thought, all they have done is respond to your CPR18 - I will sort you a relevant response over the next couple of nights, based on the documents we have - can you also email me the tomlin order, as you know from our emails, this is nothing to worry about as you've never agreed to anything, so forget that - but let me have a mooch please....

Cheers

[Never-In-Doubt]

Re: MBNA - Now with Optima

In fact on second thoughts, it may be an idea to let our solicitors deal with this now so as we don't make any mistakes....

I'll PM you yea? Basically give Paul a ring and explain things to him, ie that there are no PT's within the agreement etc and Niddy said you'd be best to speak to as there are a few errors.... then he'll want you to email things over to him and he will be able to suggest whether you have a high chance of success or failure should Optima attempt to remove the stayed claim

I'll PM you the details,