Virgin/MBNA passed to Optima - claim forms received - help! ***ICO dismissed****

[gem77]

ok. will get to it tomorrow and post it up when ive tailored it to suit just to make sure.

[gem77]

Hi, Im having a few problems with this should I just delete all of section 2 as it all really refers to charges etc?

 

Had internet problems over the weekend so only just been able to get on here. Not a great time to loose internet connection

[AndyOrch]

Hi Gem

 

If you are absolutely sure that your account has never been subject to any unfair or penalty charges then by all means remove section 2.

 

Regards

 

Andy

[gem77]

Ok. Think I've sorted it. How's this.

 

 

 

In the Northampton county court

Between:

MBNA Europe Bank Ltd

-And-

Mrs xxxxxxxxxxxx

_______________________

REQUEST FOR INFORMATION AND

CLARIFICATION UNDER CPR part 18 .1 & Pre Action Conduct PD SEC III/ PD IV

_________________________ ___

 

DATE OF SERVICE: 21 SEP 2010

 

To enable me to file a fully particularised defence, I require specific information regarding the accounts cited in the Claimant's Particulars of Claim to be provided forthwith. The information must be furnished by the 14 OCT 2010, which gives you seven working days to provide what has been requested. If you fail to comply, this will be reported to the Court, and an order enforcing your compliance will be applied for forthwith.

 

1. In respect of my alleged indebtedness to the Claimant please provide:

 

a) True copies of the original signed agreements between myself and MNBA, as referred to in paragraphs 1) and 2) of the particulars of claim.

 

c) A true copy of any Default Notice/s issued in respect of these accounts, as referred to paragraph 3) of the particulars of claim;

 

2. In order that I may prepare and file a fully particularised defence to the Claimant's action, please provide:

 

a) Full terms and conditions and charges tariffs relating to the account, from the date when the accounts were opened and including any revisions or amendments to the present day.

 

b) A full and comprehensive statement history for the account, providing each and every statement sheet from the time the accounts were opened until the present day.

c) Specific details of all fees/charges levied by MBNA in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

d) Where there has been any event in my accounts' history which has required manual intervention by any member of MNBA, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my accounts held with MNBA. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

PD Disclosure

 

9.2

 

Documents provided by one party to another in the course of complying with this Practice Direction or any relevant pre-action protocol must not be used for any purpose other than resolving the matter, unless the disclosing party agrees in writing.

Yours Faithfully

While sorting all this out this morning the posty arrived with another letter from Optima finally replying to my response to their first letter.

 

 

Dear Madam

 

Our Client: MBNA Europe Bank Ltd

Original Outstanding Balance: £5191.30

Your outstanding Liability Balance: £5463.30

 

We refer to the above matter and your letter dated 06 September 2010.

 

We confirm that you should immediately commence making repayment by instalments of £18.00 per month. Your first payment is due on 20/10/2010 and each month on the same day thereafter to reduce the outstanding balance of the debt. Please complete the attached standing order and send it to your bank, to take immediate effect.

 

In addition, to protect its position, our client will also be seeking to secure the outstanding balance by obtaining a charging order against your property. This means that a charge will be registered against the property until such a time as the property is sold or re-mortgaged or the debt repaid in full. untill that time you should continue making the instalment repayments at the amount and frequency you have commited to.

 

We will commence court proceedings shortly to obtain a charging order. This will incur further costs which will be added to the debt, however, no additional interest will be charged. Once the charging order is obtained, our client will have the right to seek an order for sale of the property at any time.

 

Your financial situation will be subject to frequent reviews ta assess whether the amount and frequency of your repayments remains appropriate. Repayments should continue until your liability has been fully satisfied.

 

However, if in the meantime:

 

1. you sell or remortgage your property; or

 

2. our client obtains an order for sale requiring the property to be sold;

 

our client will be entitled to be repaid the outstanding balance of the debt at the time of sale, from the equity available from the property. If the equity is not sufficient to cover the outstanding balance, you will remain liable for any shortfall.

 

As a claim form has already been issues you will need to respond to the court.

 

We look forward to recieving your future payments under the repayment commitment you have made.

 

Yours Faithfully

 

Optima Legal

 

I love the way they state "commence payments" I never stopped! And the way they automatically presume they will get their charging order.

Should I send a reply to this in with my CPR request and any ideas of the sort of thing to reply?

 

My heading is buzzing with all this again now. Time for a cuppa before starting again me thinks.

[AndyOrch]

Mind games, either they want the £18.00pm or not, keep payments up Gem and a nice up to date copy of your statement with all your payments made.

With regards to the above put your cup of tea on it.

 

 

Andy

[gem77]

Thanks Andy,

You know how to put a little smile on my face . It really does get me down. My mind keeps wondering back to a friend of mine who is no longer with us along with his family who you probably saw on the news back in July. If it was in fact all to do with this sort of situation I really wish he knew about you all on here. I dread the postman each day and hearing the phone ring I even dread waking up each morning, I dont think I would if it wasnt for my Kids and the gimmer of hope you all shed. But what with the mind games, the threats, the constant harrassment and the heavy handed way of the creditors it is no wander people just go out of their mind and snap.

[AndyOrch]

That is the intended treatment, fright and to play with your minds.You really have to compartmentalise this business.The faceless threats of company's who rely on your fear and your acquiesce.

You must not lose any sleep over this Gem its simply not worth it.

Only one other thing for now for you to have on your mind and that is the date of your defence submission.

 

Regards

 

Andy

[gem77]

I have just filed a AOS with moneyclaim however I didnt tick the box saying I intend to contest jurisdiction. should I have done as reading the form i just printed out it states " if you do not file an application to dispute the jurisdiction of the court with 14 days of the date of filing this acknowledgement of service, it will be assumed that you accept the courts jurisdiction and judgement may be entered against you."

[AndyOrch]

NO thats fine Gem you dont tick that.

 

Andy

[gem77]

Oh thank goodness. was panicing a bit then. I have worked out I have till 24th of October to file my defence. Although that is a sunday so possibly by 22nd?

[AndyOrch]

We will submit on the Friday 21st to be safe system failures etc, just bump me a week before Gem.

 

Regards

 

Andy

[gem77]

ok will do Andy. Thank you. just got back from the post office sent the CPR 18 1st class recorded. guess I can now sit back for a week or so and await replys and read some more threads.

[gem77]

Hi Im back again. have a week to file a defence but have recieved this letter yesterday from Optima.

 

[AndyOrch]

Hi Gem

 

 

Will get back to you latter on this, rather a lot on today.

 

Nice response though:wink:

 

Regards

 

Andy

[gem77]

Ok Andy. no probs speak to you soon.

[AndyOrch]

Hi Gem

 

Apologies for the delay, ok well at least you have received a courteous reply and they have agreed extension to your defence submission to allow for delay they preempt in furnishing said documents.

You dont require the data they refer to by way of a D.S.A.R.

I personally would accept their offer and delay the defence until you are in possession of the documents requested, not that they will have any great impact on the content of your defence has we will not be defending the claim on the basis of said documents apart from the agreement itself.

In that instance and should you agree to their offer it is your duty to inform the Court of this event.

 

 

Agreement extending the period for filing a defence

 

CPR 15.5

 

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

 

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

Ok Gem let me know your intentions.

 

Regards

 

Andy

[gem77]

Hi Andy,

 

Yes i will accept their offer of an extension gives a little more breathing space. so what d I do? write to optima accepting the offer of extension then to the court? Can I do that online or do I need to do it by post?

 

Thanks again for your help.

gem

[AndyOrch]

Just write and telephone the Court attaching a copy of their approval.Write to the Claimants Sol to advise acceptance.

 

Andy

[gem77]

Got my CCA request back from MBNA today. I will post it up but it is pages long. looks like it is printed off the computer. They also sent me the terms and conditions and an upto date set of terms and conditions and a copy of my last statement.

[AndyOrch]

So they have complied with exception of the DN.How did you get on Gem with the extension to submit?

 

Regards

 

Andy

[gem77]

This was the response from the CCA request I sent MBNA rather than the part 18 request from the solicitors.

 

Sent off a letter and copy of the solicitors letter to the court and a letter accepting the extension to optima. Going to ring the court in a bit to see if they have received the letter.

[gem77]

Ok i've spoken to the court. they told me to ring back on friday as it can take a few days to get in the system. they said my original deadline is monday 4pm.

[AndyOrch]

Ok Gem make sure you clarify this on Friday.In the event that they still cant confirm the extension we need to submit a defence by Monday irrespective and play safe.

This is why i normally dont advocate extensions to submissions its fraught with uncertainty like this.

 

Regards

 

Andy

[gem77]

ok Andy. Thank you. I will give you a shout on Friday as soon as I've phoned the court.

[gem77]

Hi Andy.

Phoned the court today. They have recieved the letter and have made a note on the file about a verbal agreement between me and optima. However the woman did say that optima could still apply for judgement whenever they wanted after monday unless I apply to a county district judge. So basically the agreement can not be enforced on verbal agreement only.

 

going to try to get the cca that MBNA sent me on here.