Hi HB and thanks. I'll have to dig out the paperwork - I think I still have it. Makes me very anxious thinking about it.

Hi, I was in the same boat:| and I have only just Googled trying to claim back from them. Does anyone have template I could use? Also, in what order should I undertake this process?

latest news !! phoned DCRI Ltd and asked again about my CCA requests. He, Mr Wilkinson, knew nothing of it and said that it would've been passed on to Optima as the account was back with MBNA. I said then that they had received it but then then he said he didn't know. But I said that it would only have been pased on to them if the letter had been opened!! He had no answer. i also questiones him about cashing the postal order and he said that all monies are banked. I asked why the money had been banked and said MBNA probably did. This guy was an idiot. Should I contact OPTIMA to see if they have my request? The are legally required to do so aren't they? ANY ADVICE WOULD BE APRECIATED!!!!!! H E L P !

Hi The Mould, Yeah, unfortunately I did admit the debt, unknowingly I guess, following the advice of Payplan. However, surely if I don't receive the CCA or if I do get one and its flawed, surely I can challenge the judgement? Also, I know that DEBT CLEAR RECOVERIES have received my requests and cashed the Postal Order (written confirmed by Royal mail). Surely this is a breach in itself? The other thing is that the balances that were stated in leters in the months of harrassment from MBNA were always incorrect whether it be a few pence or many pounds. Unfortunately, the judge wasn't interested in any of my paperwork. I'm still reeling at the fact that I have to pay the court costs for the Redetermination when MBNA knew how much disposable cash I had. I could never pay what the asked initially at the courts and the stupid judge had all the numbers from Payplan. So much for impartiality!!! Should I write another letter to Debt Clear Recoveries or should I just phone them and record their lies!!! (I'll let them know the call is being recorded for traing purposes!!) Thanks again, Van Der Hans

Really need some help here. Have had no reply to the second letter - "failure respond to initial cca request". Its been almost 30 days. Can someone please recommend a thread i can follow or my next step? Would be massively appreciated.

Hi there. Yes pretty much. Basically increased pament to MBNA by adjusting what I owe to all my creditors so only paying out of disposable income. I suggested an amount but he went a little higher. Just means other creditors will get a little less. i have asked PAYPlan to make sure that the disposable income is distributed in proportion to the debt so whoever I owe the most gets the most, etc. Couldn't get an explanation from Northampton Court as to why a payment to MBNA was decided that was higher than my total disposable income.

LATEST UPDATE!!! Contacted DCRI recently (apologies I accidently put DCRS - Investigations not Solutions, Doh!). As mentioned previously, they had no record, allegedly, of my recent correspondance. However, I checked the tracking and not only have they received the CCA request, but have also CASHED the postal order 6 days befor I sent a letter of 'Failure to Respond'. It'll be 21 days tomorrow (26th) since I sent the second letter. What do I do now? HELP!!!

Thanks Chipmeister.

Hi. Had my court hearing yesterday which seemed like a complete waste of time to some degree. I was there for a redetermination, the judge didn't want to and wasn't interested in anything other than that. He questioned why an offer made by Payplan was so low and I replied it was due to my mortgage going up, therefore my disposable income had gone down. I also said that my circumstances had changed recently which has enabled me to increase my payments to all my creditors and that I could offer MBNA the judge had non suggested. He asked why I hadn't contacted them about this and I said that they were well aware as all my creditors are updated with a new I&E when threr are changes in my circumstances. Also mentioned that MBNA have never formally accepted any plan put forward so looks like they were gunning for this all along. the judge wasn't interested and when I suggested that I could set this new payment up through my DMP with Payplan he said " we are here for redetermination and that is what I will do". Cheers. Is there any way I can appeal against this and under what grounds could I do this? I was annoyed that MBNA said I was in arrears. WHAT!!!!! The amount they put forward, and accepted by the judge in Northamtpon before it was moved to my local court, was actually higher than my total disposable income so how that was accepted I never know. Plus I never knew anything of it until I got a letter frm OPTIMA asking why I hadn't made any payments!!!!! Also I haven't yet received anything in relation to my CCA request from DEBT CLEAR RECOVERIES and SOLUTIONS, to whom the debt was passed on to. My payments have been going to Optima through PAYPLAN. Spoke to an annoying woman at DCRS and she said my debt has been passed back to MBNA ages ago and that they haven't received any correspondance regarding the CCA and that I would have to contact MBNA. Is telly telling me porkies?!! Aren't they supposed to forward the CCA request to MBNA? I sent it recorded delivery 1st class (end april) and also the 'failure to respond' (beginning May). CAN SOMEONE PLEASE HELP !!!!!!!!!!!!!!!!!!!!!!!!

Hi Docman. As youcan see from my threads, I decided to ask for the CCA.I have not received any corespondance yet so am drafting my next letter regarding "failure to provide a copy of an agreement". However:-o, I then read a reply by Tingy to a post from this from the thread "Cabot financial, what is my next step?" by Helenw1 Which route do I follow!?? If I don't hear back in the next couple days I will follow the normal route. Thanks. Just one more thing. Is there anything I need to change in the letter as I am sending it to Debt Clear Recoveries... and not MBNA? Cheers.

Got my Court Hearing in May. Received some paperwork to hand to the judge from Payplan to help me out. Have sent off the CCA request to Optima.If anyone has any advice on approaching this case it would be much appreciated. I will update this post as and when.

Just received a letter from Optima and enclosed is an application for a Charging Order. I've decided to send a CCA request as I don't remember signing anything originally. I'm going to pay the £1 by postal order but I don't know whether to put the payee as Optima or MBNA. Is it too late for me to even think of sending this? They've given me a court date for the second week in May. I am at my lowest point. Wife and kid to support. This is major stress.

Latest news is as follows: I didn't hear anything back from the court after I sent back all the relevant forms. Then out of the blue I get a letter from Optima saying I was supposed to start paying £***.**p a month ago!! And this figure was actually over £500 more than I could afford!!! Contacted Optima and they said that this figure was set by the court.I phoned them, and they couldn't tell me why.I told them I couldn't afford it , after initially being asked why I couldn't pay the set amount, and was told I had to send in my figures again with another form at a cost of £35 to me!!! What a joke!! Heard nothing yet and that was 3 weeks ago!! I think I will ask for my credit agreement from these bullies as their track record isn't great in this department.I certainly wasn't given a copy. Bye for now!!

Hi Docman and The Mould. Unfortunately I was unable to get on my computer till late and so read your advice too late. Payplan called me when I was out and told me to admit the claim and fill out a few sections - basically some personal info - and send all the paperwokr to them so they can fill out the rest. Guess I panicked. I feel I though I may have made a mess of things now having read your advice:doh:. Is it worth still asking for the info? BTW, the payment was reduced by around £40. thanks again guys, regards, Van Der Hans

Hi, "The Mould"! I guess I'm going to have to admit the claim unless there is anything else I can do:ohwell:.The date of service is 26th December so i've really got to send a response ASAP. My DMP is still contiuning with my other creditors. Last offer was rejected by MBNA in December. This was probably because I had to reduce my DMP payment as when I remortgaged in November (no choice as my deal had expired and my reduced payment plan with lender was up) my repayments inevitably went up. Really annoyed with MBNA as the only payment plan they ever offered was impossible as they were aware of other debts I had and aware of my I&E.They offered to clear the debt by taking a percentage off the whole amount and paying it off with a lump sum but I just didn't have that kind of money plus also it would've been unfair on my other creditors.They also whacked on loads of interest whilst I was trying to get DMP set up and whilst I was making token payments - that really helped - NOT!!! Thanks for any help and advice - it is much appreciated Best Regards, Van Der Hans