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  • MBNA CCA ... Court papers served

    Can anybody advise me on my CCA with MBNA as i have now been issued with court papers and need to know if i should defend or not.
    Also where do i post the docs to ?? or email them too

  • #2
    Re: MBNA CCA ... Court papers served

    See your welcome thread ---> Welcome to octonaut - allaboutFORUMS

    If you tell us details first then we'll explain about uploads erc. Basic info first please mate.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: MBNA CCA ... Court papers served

      Originally posted by octonaut View Post
      Can anybody advise me on my CCA with MBNA as i have now been issued with court papers and need to know if i should defend or not.
      Also where do i post the docs to ?? or email them too

      Ok did the usual and sent request for CCA to MBNA ( or Link who now have the debt) and they sent me what they said is my CCA ...
      Never been able to get a decission if they are enforcable or not... and on Monday i received court papers from Northampton court .

      Now i dont know what to do ...either defend or just take it as it comes ...

      Comment


      • #4
        Re: MBNA CCA ... Court papers served

        Originally posted by octonaut View Post
        Ok did the usual and sent request for CCA to MBNA ( or Link who now have the debt) and they sent me what they said is my CCA ...
        Never been able to get a decission if they are enforcable or not... and on Monday i received court papers from Northampton court .

        Now i dont know what to do ...either defend or just take it as it comes ...
        Mbna were piss poor for default notices and the response to the S78 request may also help.

        Hard to say anything concrete without details. Paul likes MBNA though so don't give up.

        M1

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        • #5
          Re: MBNA CCA ... Court papers served

          Hi Octonaut, welcome to AAD
          Sorry for all the questions, but we need the info to be able to help you..

          Date on claim form
          Particulars of Claim
          Rough amount of claim

          Type of debt and year taken out
          Date of last payment (roughly)
          Did you receive a Default Notice issued under s.87 of the CCA?
          If so, have you kept it and had it checked for accurancy?
          You've got what they claim is the agreement...Niddy will check that for you..
          Have Link sent you a Notice of Assignment (ie do they own the debt now)?
          Any PPI / charges on the account?

          That'll do for starters...

          Comment


          • #6
            Re: MBNA CCA ... Court papers served

            Originally posted by Shepherdess View Post
            Hi Octonaut, welcome to AAD
            Sorry for all the questions, but we need the info to be able to help you..

            Date on claim form
            Particulars of Claim
            Rough amount of claim

            Type of debt and year taken out
            Date of last payment (roughly)
            Did you receive a Default Notice issued under s.87 of the CCA?
            If so, have you kept it and had it checked for accurancy?
            You've got what they claim is the agreement...Niddy will check that for you..
            Have Link sent you a Notice of Assignment (ie do they own the debt now)?
            Any PPI / charges on the account?

            That'll do for starters...

            Thats ok ask away lol...
            Date of claim that i received in Mondays post is 30 nov 2011
            would it be better if i posted the docs somewhere so you can see ... i already have both the CCA sent to me and the court claim form in PDF format .... I also think there is a LBA i have but maybe if you see what i have you would be able to say what you think..

            Comment


            • #7
              Re: MBNA CCA ... Court papers served

              by the way the credit card was opened in 2003 ... not made any payments for some years now ..... and they are claiming 4860.70
              No PPI on it and yes Link have been dealing with it for quite a few years so i am guessing they do own the debt

              Comment


              • #8
                Re: MBNA CCA ... Court papers served

                OK octonaut, the thing to do is post the agreement up in the secure section. Only Niddy a can see it there and he will advise if the thing is OK. Post back up here to say you have done it or send him a PM to say you have done it.

                regards
                Garlok

                Comment


                • #9
                  Re: MBNA CCA ... Court papers served

                  Originally posted by garlok View Post
                  OK octonaut, the thing to do is post the agreement up in the secure section. Only Niddy a can see it there and he will advise if the thing is OK. Post back up here to say you have done it or send him a PM to say you have done it.

                  regards
                  Garlok

                  Ok posted CCA in secure part ... Well i hope i have lol.

                  Comment


                  • #10
                    Re: MBNA CCA ... Court papers served

                    The Default notice is more important to start with as without a valid one they don't have a cause of action and you won't get to the unenforceable argument if you get it kicked into touch with a dodgy default notice.

                    M1

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                    • #11
                      Re: MBNA CCA ... Court papers served

                      oh and just sent niddy pM telling i posted them also

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                      • #12
                        Re: MBNA CCA ... Court papers served

                        how do i know what a default notice is ... sorry but not really know what one is lol

                        Comment


                        • #13
                          Re: MBNA CCA ... Court papers served

                          allaboutFORUMS

                          Looks like this.

                          M1

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                          • #14
                            Re: MBNA CCA ... Court papers served

                            so shoulkd i have received this from MBNA or Link ... as i have had no communication from MBNA for a very long time

                            Comment


                            • #15
                              Re: MBNA CCA ... Court papers served

                              Originally posted by octonaut View Post
                              so shoulkd i have received this from MBNA or Link ... as i have had no communication from MBNA for a very long time
                              You should have recieved that documant from MBNA themselves, prior to them selling to or asking Link to recover the money
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