Hi, I’m after a bit of advice. I have sent a letter to MBNA credit card for a refund on my PPI (I am self employed so not eligible for PPI so definitely mis-sold). I have now had a response from MBNA saying that they became the service provider of this account in June 2005 before that it was HBOS. HBOS confirmed to MBNA that the cover was applied following my request at that time and you had 30 days to say if you did not meet the requirements. However they have offered a goodwill gesture of £891.93. As the account was administered by HBOS prior to 2005 they said I should take it up with them. I have asked them for documentation which has not been provided as yet, just wondering if anyone has any thoughts? :-|

My friend did make an application to set aside which was heard at the same time as the Charging Order hearing but as the Judge would not grant the set aside the Charging Order was automatic. She never even thought to ask for the poc - we are just writing a letter now to the SLC asking for them and a legiable copy of the agreements - will let you know when we get them - thanks so much for all your help:)

I never even thought of that - How can someone make a defence when they do not even know what they are defending??

I do agree with you, but unfortunately they already have their CCJ and Charging Order

The Judge disagreed - he said the time gap is irrelevant and this was not grounds to set aside

I have actually just noticed - the amount they are claiming (and secured the Charging Order on is about £700 ish more than the three loans add up to.

Hope this is ok, it is a very poor copy anyway and I have not even bothered with the terms and conditions as they are pretty much unreadable. This is just one of the 3 but they are pretty much all the same.

bit of a stupid question - but how do I upload?

They did produce a copy of the agreement on the day of the court hearing.

No money has ever been paid. Its is an old style pre 1998 loan and there is no gap in the loans. The SLC have it as 3 seperate loans, should this have been 3 CCJ's Teaboy I think you have a valid point.

Thanks for the replies - I will just give you brief background details:- My friend had a student loan (pre 1998) and had applied for it when she lived with her parents. In the final year she moved in with her partner (took out a mortgage) she says she did inform them of her new address (mainly to get the last loan chq!) and also a DD from her back account was setup. The DD was still in place until 2008 when she changed bank accounts although no money was ever collected from it. Heard nothing from the SLC until 2008 - she sent letter saying statute barred - they wrote back saying no they got a CCJ against her in 2001 (they had been using her old address) so cannot be statute barred. She asked for copies of the agreement and details of the CCJ but heard nothing. 12 months later she had a letter from SLC Sols saying they are going to apply for a Charging Order which they did (despite being asked a few times for copies of any documentation) The hearing was in Sept 2009. My friend applied to have this CCJ set aside (although it was done rather rushed) and so no defence was submitted - she applied on the grounds that she did not have any knowledge of the CCJ etc which the Judge did except. He just said that she needed to demonstrate if she had of known of the CCJ what her defence would have been at the time in order to have it set aside. I am assuming the Judge is saying she has a reasonable chance of success of the basis that she would have had a good defence So in order to make another application to have this CCJ set aside she needs a defence; Would she go down the line of enforceability of the CCA / deferment?

No my friend made the application to have the CCJ set aside and the hearing took place to coincide with the Final Charging Order hearing. The DCA did not have to prove any debt, CCJ or anything. They where not asked about the timescales etc. The judge started off by asking my friend, did you have a Student Loan (yes) Have you paid back the Student Loan (no) He would not grant the set aside based on the fact there was no defence (my friend had repeatedly asked for a copy of the loan agreements which they never produced - until the day of the hearing, in fact they had not produced any documentation until the date of the hearing when they produced a copy of the agreement) But the judge did summarise to say that he thought by friend had a “real chance of success” and this was also put on the written order from the court. So she wants to make another application to have the CCJ set aside but needs to have a defence to back up her arguments

They didnt have to prove anything, thats the most frustrating thing. The Judge asked my friend - did you have a student loan (yes) have you repaid the student loan (no) well then!

Bit of an update, my friend applied to have this CCJ set aside and went to court - the hearing was also for the DCA to apply for a charging order. The CO was granted on the grounds that a defence was not submitted - the judge excepted that she had not received the documentation but she had to demonstrate her defence - although he did say in his summary she had a good chance of success. Can anyone help with what we should put in our defence?

Thanks Lillywhite, she has sent this letter off. The Interim Charging Order does say which court (Northampton) and does give a reference no. and date but there is not a copy of the CCJ and she has checked with the court they dont have one either.