But the threat of it usually forces companies to pay up.

Google "winding up petition" - you have grounds to issue one seeing as you have an unsatisified judgement against the bank.

"But it does not mean the fight against unfair charges is over. The Office of Fair Trading (OFT) is expected to continue to push for fairness to apply to charges. The ruling stated it can still assess the fairness of charges but under different grounds."

Hi Silverfox, Thanks for that. To answer your questions: Did MBNA default you? YES Did MBNA terminate the account? YES Did you receive a Notice of Assignment? NO Would letter 17 not be more appropriate? Thanks

Hi, My other half had an MBNA credit card, we've been through the process of subject access request and CCA request and the agreement they have sent is in our opinion completely unenforcable. Since then they have defaulted the account and sold it on the Lowell Financial. Lowell have started chasing now and have offered a choice of 3 "generous payment plans" or court action. What do I need to do now, is there a letter I need to send to Lowell? Thanks

Hi, Need some advice on this one. Basically this is the problem. 1. Around 2 years ago my parents had broadband supplied by fasthosts. They decided they didn't need it anymore so they cancelled the direct debit. They have not used the internet since. It was on a 1 month contract so theres no breach of contract issues etc. They have not paid anything to fasthosts for 18 months. 2. They now want to sign up for broadband again but with an alternative provider. But the problem is fasthosts still have a "tag" on the line which prevents anyone else providing service. 3. We have tried phoning thier customer services (in india) but they will not enter into any discussion without us supplying an account number and pin number which we just dont have. If you cant provide that they literally just put the phone down. 4. We have also sent 2 letters, 3 emails, 3 faxes to thier head office in gloucester and recieved no response from any of them. The emails just get returned stating they will not be read unless they contain an account number and pin. 5. The new broadband provider advised us to make a compaint to Ofcom. Ofcom then said that they dont get involved in individual disputes and we should perhaps seek legal advice and remedy. 6. I think if we issue a part 8 claim in county court we can get an order that the tag be removed. Has anyone done anything like this before? Thanks

The court have wrote to me with an AQ - but they also want a fee of £1530 to issue the counterclaim - they are trying to charge the maximum for claims £300,000 or unspecified amount. What can I do about this, my counterclaim was never going to exceed the value of MBNA's claim (circa £5k) Thanks

I'm just working on it now to submit to the court tomorrow. Thanks

Thanks a lot GD, i'll follow your thread with interest. I hope you dont mind me plagiarizing your amended defence, a lot of it fits my situation. Could someone take a quick look at it and let me know if you spot any problems. Thanks again

Okay great thanks. I need to submit a defence/counterclaim for this tomorrow and any help would be appreciated. These are my arguments, very rough. 1. The Claimant has failed to supply a legible credit agreement, in the covering letter sent with the alleged agreement the Claimant states "we appreciate this is not the best copy but it is the only copy we can provide" Due to the poor copy the Defendant is unable to determine whether the credit agreement is valid and contains the required prescribed terms as per xxx 2. On x the Defendant sent to the Claimant a Subject Access Request under the Data Protection Act. To date the Claimant has not cashed the £10.00 cheque which accompanied the request and it is the Defendants belief that the claimant does not intend to fulfill the request. The data requested would allow the Defendant to file a more complete defence. 3. On x a default notice was issued, the Defendant contends that this was ineffective as the default balance contains unlawful charges Thanks

Anyone?

Thanks, does anyone know the answer to this?

Like the title of another thread SNOOKERED Okay, I need to fill in my admission form to send back to court, but the problem is part of the amount claimed contains charges and associated interest. I can't quantify this until I recieve my subject access request data. How do I do this? Should I admit part of the claim, say 50% and then state in my defence the reason why I am unable to state an exact amount but this will be provided later? Also do I counterclaim for the charges or simply reduce the amount admitted. Any help appreciated, its the first N1 i've had to do an admission on. I'm also concerned about costs, is there a fixed ceiling on costs on the fast track or can they literally charge what they want?

I'm tending to agree with you. Only problem is i'll have to wait for the SAR to add up charges, but its likely I would need to submit a defence before then.

Here is the DN http://77.240.11.73/dn.jpg All I can see is that it refers to paragraph 8 which doesn't appear on the agreement. It does however appear on a set of terms and conditions which were sent with the agreement.

Is this significant? Also I dont see there signature? Thanks

Here is the "agreement" http://77.240.11.73/agreement.jpg Thanks

Here are the POC The claimants claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974 whereby the Claimant provided the Defendant with a credit card and in return the Defendant agreed to pay at least the minimum payment given in the statement. A default notice was served on the Defendant which expired on 25/07/2009. The Defendant has failed to comply with this. The claimants claim of 5xxx.xx is the sum owed plus accrued interest as at 25/07/2009. Demand for payment has been made however the sum remains outstanding. Issued in Northampton. Thanks

I can't tell what post the DN was sent by, its got a chester stamp 7/7/09 and says great britain postage paid 0036 and then a reference number N1253xxx - Its also pre printed with MBNAs name and address Need to submit defence by 14th Sept I think. Will scan and post the claim form tomorrow, will also post agreement. Does this post contain the correct CPR 31.14 request? http://www.consumeractiongroup.co.uk/forum/legal-issues/151709-help.html#post1610322 Thanks

Optima is the solicitors, have filed AOS today. But i'm really starting to doubt if I have a valid defence.

Got the DN, and the envolope. DN is dated 7th July, postmark on envolope is also 7th July. The notice gives until 25th July to remedy the breach. Presumably that makes it effective? Thanks

Thanks for this, answers below.

Hi, MBNA have sued me yesterday for the balance of a credit card account. Basically its been going on for about 12 months, I requested the original CCA and they sent through a dubious application form. Its very similar to ones i've seen lately on here, opinons have varied on the enforcability of these but the consensus is its *probably* enforceable by a court. The balance is well over £5k which takes me out of small claims protection, default charges are included in that balance though. What is my best option here, is it too late to make an offer of settlement?

How did you get an AQ without putting a defence in? Can you post your POC, i'm very interested in this thread as i'm in exactly the same boat as you. Scary stuff

Hi Steven, Could you explain - why is it not properly executed, and if that's the case how can a court enforce it? The reason I ask is i'm at a similar stage with my girlfriends MBNA claim - this "agreement" is idential to ours and they issued proceedings yesterday. Thanks