Yeah http://www.consumeractiongroup.co.uk/forum/mbna/173919-time-court.html

Yeah i'm in no rush, not that much longer to wait, will still give them to settle before hand, but i will only settle for full balance and court fee's.

What if the account is now closed? I've waited til ive settled the account, before taking this action. The date of the default is about a month before i received the actual default notice , laying out what i needed to do. But if i argue my account was in default/dispute at the time of the default, surely they can't reapply it to a closed account?

Looks that way.

But they enforced before they responded to the cca?

No worries, i unfortunately know that situation :grin: I thought it might be, because they have received my bundle in relation to the courts directions. In my letter back im asking for all charges and all fee's, if they are not forthcoming, ill look forward to their response to the Judges directions, or shouldn't i goad them 8)

Just a quick question, if i ask for an agreement, in the time it takes the creditor to supply the agreement( about 10 months), they default me Can i then take them to court to remove it as my account is in default/dispute?

They sent me 2 documents, the first one wasnt enforcable as there wasn't any t&c's on it. The second one they sent me in May, had them on the back, were they there, are they there, or have they been photocopied on later, i dont know. Does that mean they can enforce the agreement, while they havent supplied an agreement?

I think my bundle may of contained everything i needed it too. I today received an offer from Eversheds, it is for less than half of the total tho . I think i'll pen a reply to them today and post it this weekend, asking for full amount, default removal.

Might change the value to £300, to keep my costs down, but also, maybe it not cost efffective for MBNA to defend this? Any views on the POC's?

Well on the directions it says, if they dont submit theirs by the deadline then it will be struck out without further order from the court. I dont get that, surely the court has to order them to pay up etc?

Thanks for that, at this time of night, its all going over my head I'm pretty confident, the signed document they sent me is the one they have, as they haven't purseud the debt in nearly a year or maybe even over a year. So my thinking is, if theres more, that makes it enforcable, why aren't they enforcing it? Then again, it probably is best to side with caution. I'll have a proper read and try to understand it, when i'm a little bit more with it

Hey all, i have a quick question I'm ready to take Cap One to court over an unenforcable agreement. They have sent me the same signed document on more than one occasion, stating thats what they have. I have told them why it is unenforcable, since then Cap One havent sold the account, they have stopped sending me statements, nor do they request payment. So now i have a copy of a signed agreement, do i need to ask them again? Or am i ok to proceed with the court action? Well once ive modded my POC's Thanks

Thanks for that Havinastella but those POC's are for charges, these ones are for unenforcable agreement

Wondering if i should be better going down the court route. How are these for POC's? Would these do the trick, or do they need some work?

Ah well whats done is done Guess its just a waiting game now...... Won't tempt fate by getting a wasted costs order ready.

I was on the understanding you only got the 8% interest if you went down the court route. What rate of interest are you claiming for? If you go down the court route, youll have to pay to start the claim.

I dont really wanna go after the date issue, they could just change it to the correct date? Plus the date of the default is one day before they gave me my agreement, so having been defaulted 2 months before they fulfilled my requests, l think i have a better chance? Anyway heres the first draft of POC's, what do we reckon, need tweaking here or there? Any thoughts? Thanks On a side note, ive got my charges back, its unlikely, but if the FOS agree with me and then i win this, i will have well and truly screwed MBNA since finding CAG

Right scratch that last post Just found my most recent Experian report. MBNA Defaulted March 08. A good few weeks before i received the default notice Right time for some POC's

Got a quick question. Ive got copies of my credit files, not upto date. Date of my default notice is middle of April 2008 Beginning of May 2008 was deadline to bring my account into order so that date should be the date of the Default? Credit File with CallCredit, is date of delinquency is Jan 2008, i'm guessing delinquency is the default? With Equifax, Delinquent date is March 2008. How can they be different? Maybe i should get a new update of all 3 credit files.

The FOS complaint isnt relating to the Default. Its relating to PPI charges, from what the FOS say, they seem to be siding with MBNA. Im gonna have a go at some POC's and we'll see if they will do tha job, i dont imagine i will need many? Anyway, lets see what i can come up with, need to check dates and ill be back soon

Long winded story, but goes along the lines of, reclaimed all my charges, got my account to an amount i could pay off, they offered me a settlement and i settled. I currently have a complaint against MBNA with FOS, an adjudicator or whatever they call them is dealing with it now, nearly 10 months from submitting it. Anyway, my account is closed and settled. MBNA however have defaulted me, i have several issues with the default notice. It was dated while they were in default of my cca request. Also the default amount was made up of charges. So its been a few months since i told MBNA i would take them to court for this, but the time as come. So what do we reckon, is it winnable? I'll be claiming compensation under the Data Protection Act also, upto £500 to keep costs down. Whats the consensus, yay go for it, or ney dont bother? Thanks

An easy way of doing it, is to join Photobucket and upload it from there.

Yeah i know, and i havent paid them anything in over a year, im just wondering if offering them something is an easier and quicker way to have the default removed, rather than going down the court route.

Yeah but the charges arent many, i thought you couldnt pursue both, no cca and charges?