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MBNA/Optima Legal/Court Papers Rec'd!


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Hi all, first time poster so please be gentle with me!

 

One of my creditors is MBNA who have now passed me over to Optima Legal. Optima sent me a letter saying they would give me 14 days to offer some proposals as to repayment etc. However after just 5 working days of me receiving the letter they have applied for a CCJ. I was actually going to make a full and final offer but they've served a CCJ before I've had chance to make the offer.

 

Where does this leave me? I would still like to offer a F&F just to get them off my back but how does this fit in with the CCJ papers being issued.

 

I was going to ring Optima tomorrow to make the offer but I'm not sure if I should do anything about the CCJ in the meantime? BTW I've got 7 days left plus the 5 days before I have to acknowledge the CCJ from Northampton.

 

Thanks for any assistance/advice you can give me

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you'll have to send the paperwork back to the court.

decide if you want to defend and then get in touch by letter to try negotiate a F&F if you want to.

post more details up for help and advice.

the more you tell the better the help.

and don't worry...

If my advice helped you please click my star

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do the online acknowledgement right away,

 

then tell us (post it up) any default notice you have had (minus personal details)

 

termination notice

 

did the letter from optima demand the full balance or just the arrears

 

the agreement

have you done a s78 request?

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Thanks for your replies! :)

 

Well today I got an email address for the person who is dealing with my 'case' at Optima. They have emailed me confirmation that if my F&F is accepted by MBNA they will mark 'any entry on a credit reference agency file relating to the above account as "satisfied" in full' and that they will cease any county court proceedings.

 

However, I think as advised here that I need to do the online acknowledgement for the CCJ papers but which option do I chose? The choices seem to be:

If I agree with all of the claim and wish to pay for it now

If I agree with all of the claim and are asking for time to pay

If you admit only part of the claim

If you disagree with the claim or if you want to make a claim against the claimant

None of the above seem to fit my situation so I would really appreciate some guidance with completing the form.

 

I've got the documents ie default, letter from optima etc here 2shared - download MBNA-OPTIMA.pdf

(sorry I'm not sure if that's worked?!)

 

I understand from someone else that the default MBNA have issued is incorrect as they didn't allow 14 WORKING days.

The letter from Optima is asking for the whole amount outstanding.

I sent the CCA request letter to Optima one day in my lunchbreak and then when I got home that evening the CCJ papers were waiting for me so I don't know where I stand with that.

 

However, all of that said my preference is to pay them off with a full and final but I'm unsure how to proceed with the CCJ papers I've recieved ie which option do I chose?:confused:

 

Sorry for the long post

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I'd tick the "If you disagree with the claim or if you want to make a claim against the claimant" option.

 

If you select any of the other options you would get a CCJ awarded against you by default if you do not manage to get a F&F agreed and the Court claim withdrawn by MBNA.

 

What postal service did MBNA use to send the Default Notice ?

 

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WOW!:eek: That's a lot of information to take in!

 

I'm just re reading the court papers and I'm wondering if I should just complete the 'Acknowledgement of Service' as that will give me 28 days rather that 14 days from the date of service to prepare my defence, or if I wish to contest the courts jurisdiction. Then I have to tick a box of either 1) I intend to defend all of this claim 2) I intend to defenc part of this claim or 3) I intend to contest jurisdiction. I guess I would tick 1) as if they don't take my f&f offer I will then go down the default notice being incorrect route (and possible no CCA as I know they don't have one!)

 

Does that sound about right to you?:confused:

 

Sorry if I'm being a pain but it's the first time I've had to deal with anything legal like this. The most I've had to do before now is sign mortgage forms and my divorce papers! lol

 

By the way my f&f letter will be headed 'without prejudice'.

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Hiya to anyone who is reading and able to help!:)

 

I've just filed my acknowledgement of service today regarding the claim by MBNA. I believe this gives me another 14 days to defend my claim. However I've been told by Optima Legal (acting for MBNA) that they have suspended proceedings whilst they locate my CCA. I've not had this in writing so I am assuming I will still need to complete my defence within the next 14 days to cover myself.

Any ideas on what I should put as my defence as I doubt MBNA/Optima will have supplied my CCA before the time I am due to submit my defence. I do know that the default notice was not correct as they didn't allow 14 working days but I don't want to use this as my defence as it may cloud the issue if I then decide to go down the unenforceability due to no CCA route.

 

I'm sorry if this sounds muddled but I'm new to this and I'm getting a bit confused myself!

 

Any help appreciated!

 

Thank you...

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You are right to proceed as noirmal.

 

I would advise that you report Optima to the Solicitors Regulatory Authority for trying to mislead you about suspending proceedings.

 

I would advise you read this thread - http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html and follow the advice pt2537 offers.

 

I would certainly not leave any critical points out of your defence as it may push the claimant to discontinue if they see you have a strong case....I don't see anything to be gained by such an approach.

 

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  • 2 weeks later...

Hi all... wanted to give you an update on where I am and see if there is any advice anyone can offer please.

Attached is a copy of correspondence I've received from MBNA and Optima including my default notice and termination notice and also my first contact from Optima

2shared - download MBNA-OPTIMA.pdf

 

After reading this forum I've requested a CPR31.14 which Optima received last Friday 12th February.

 

Since then I've received a copy of my alleged CCA and statements dating back to 2006 which I believe is in respect of my CCA request and not the CPR31.14. What I've received is here:

http://s934.photobucket.com/albums/ad189/peedee123_album/MBNA%20Optima/

 

A couple of questions

1) I know this isn't the original CCA due to the details on it

2) After filing my acknowledgement of service I believe I have until next Wed (24th) to file my defence but I haven't received a response to my CPR 31.14 so what should I do

3) Is it too late to try and negotiate a Full & Final

4) Would it be possible to get them to agree to a further 28 day extension as I believe they have to agree to it

5) I believe Optima have 7 days to respond to my CPR31.14 but is that 7 working days or 7 calendar days. If it's calendar days then thats past the date I have to put forward my defence :(

 

Sorry if my thoughts don't seem very organised but my mind is whirring away at the moment!

Edited by Peedee123
personal details were showing!
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A couple of questions

1) I know this isn't the original CCA due to the details on it.

 

2) After filing my acknowledgement of service I believe I have until next Wed (24th) to file my defence but I haven't received a response to my CPR 31.14 so what should I do

 

Why not follow the the advice in the link I posted earlier.

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

3) Is it too late to try and negotiate a Full & Final.

 

You could try but I wouldn't hold out too much hope.

 

4) Would it be possible to get them to agree to a further 28 day extension as I believe they have to agree to it.

 

Only if you apply to the court for an Order for Compliance for the CPR 31.14 request as suggested.

 

5) I believe Optima have 7 days to respond to my CPR31.14 but is that 7 working days or 7 calendar days. If it's calendar days then thats past the date I have to put forward my defence :(

 

7 calendar days

 

Sorry if my thoughts don't seem very organised but my mind is whirring away at the moment!

 

 

This is your case and I'd advise reseaching other threads to see how Optima play the game and pick up few pointers along the way.

 

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