old Virgin card - Now Britannica/Earlswood CLAIM FORMS RECEIVED *** Struck Out***

[burntout]

Hi guys

 

I have an existing 'debt' that was with Virgin for a credit card in the region of around £25k,

although I think I'm about to dispute the debt.

 

Hopefully one of you lovely people will be able to help me clear up a few questions I have.

 

Since the time of my original application for a CC from Virgin, they have been taken over or otherwise transferred to MBNA.

 

After writing to MBNA requesting a copy of the original Credit Agreement, which was with Virgin, they have responded by sending a copy of an online form that they have printed out.

 

Firstly, is the online form a valid agreement, based on the fact that it is absent of my signature but includes a sentence stating that by ticking a box I am electronically signing the document?

 

Secondly, considering that the original agreement was with Virgin, does the fact they have issued me this printed version of an online form with MBNA as the party to the agreement instead of Virgin make it null and void?

 

I could do with a little help and advice as to how I should proceed and what the response from them actually means.

 

Thanks in advance.

[dx100uk]

does this show on your CRA file?

 

dx

[victoria_siempre]

Hi burntout

 

This site does not condone debt avoidance.

 

An on-line agreement is perfectly valid.

 

Branson (the bearded wonder) franchises everything so Virgin=Bank of Yanks

 

What exactly are you asking?

 

love

 

vic

[burntout]

Hi, and thanks for you replies.

 

does this show on your CRA file?

 

dx

 

It does indeed, yes.

 

Hi burntout

 

This site does not condone debt avoidance.

 

An on-line agreement is perfectly valid.

 

Branson (the bearded wonder) franchises everything so Virgin=Bank of Yanks

 

What exactly are you asking?

 

love

 

vic

 

Apologies Vic, debt avoidance is not my goal and I think a longer explanation was probably required so here goes...

 

At the time we took out the original agreement we had sufficient income to cover the repayments and some. However, as the economic climate changed our income dropped in a huge way and we were struggling. We wrote to Virgin at this time and outlined our income and expenditure whilst proposing a reduced payment plan and frozen interest, which was agreed.

 

I have written numerous times advising of changes in our circumstances and amending the payment plan in place. However, recently I've received correspondence which has ended the plan and requested payment in full of the £25k still outstanding - I simply cannot afford this.

 

I have sought advice from CCCS previously and it was with their assistance that my income and expenditure statements were produced, and the payment plan proposals drawn up.

 

It's my opinion that we have been more than reasonable in trying to maintain payments, but MBNA have decided to push for full payment within 14 days. As it stands right now, MBNA are demanding full payment and this is simply not possible, hence my exploration of alternative solutions.

 

I hope this explains things a little clearer.

 

Cheers

[dx100uk]

MBNA or a fleecing DCA?

 

dx

[victoria_siempre]

Hi again burntout

 

 

If a person is in financial difficulties then any creditor has has to accept what they offer that they can afford should they not wish to lose their Consumer Credit Licence; I am still not entirely clear what exactly you are asking.

 

v

[burntout]

Hi guys

 

For some time now I've been struggling to cope with an old Virgin credit card debt and it seems to be reaching a climax that is quite distressing. I decided to open a thread and plead for some help or advice from you lovely people.

 

I keep getting passed on from pillar to post and no sooner do I issue a 'Prove It' letter via CPUTR or a Section 77/78 Request to one company, does it get passed on to another. I'm having difficulty knowing who I should be dealing with, so even if I were in a position to pay off any of the debt I wouldn't know which of them to choose!

 

I'm pretty tight for time today, so this is more of an intro and a general moan to you all for now. I plan to add in some of the letters sent back and forth to give you all a better picture of just how they are hounding me right now and hopefully that will allow to offer me some advice.

 

At some point over this weekend some correspondence will be added.

 

Cheers in advance.

[dx100uk]

the more you reply - the more they think a mug awaits fleecing

 

check your cra file.

 

see below

 

dx

[dx100uk]

two threads merged

please keep to ONE thread per debt

 

dx

[burntout]

two threads merged

please keep to ONE thread per debt

 

dx

 

Oops, sorry. That wasn't an intentional multi-thread - I had completely forgotten about my previous posts on this subject from a couple of months ago.

 

I'll check my CRA file later today and let you know the result.

 

Thanks for the advice, dx.

[burntout]

On my CRA file the £25k debt that was originally with Virgin / MBNA is now registered with Moorgate (Britannic Rec) - so I guess it must have been sold on to them.

 

What I find most odd at the minute, is that I wrote to Earlswood & Co Solicitors (whom I know to be part of the Paragon Group thanks to another post on here) with the 'Prove It' letter as I hadn't realised it was in relation to this debt - but it was Moorgate that responded to my query not Earlswood.

 

I've previously issued the Section 77/78 Request to Arden, again part of Paragon, and they have defaulted on the request (default notice issued). But what about Moorgate, should I send another Section 77/78 Request in to them and then default them too?

 

There are just too many points of contact right now, but then I guess that's intentional on their part.

 

As my username suggests, I'm just burntout now

[dx100uk]

when was your last payment?

 

tel us a wee bit about its history please

 

this seems to be on a phishing list

as if the oc was able to get you in court

for a bal of £25k

im sure they would have by now!!

 

dx

[burntout]

when was your last payment?

 

tel us a wee bit about its history please

 

this sees to e on a phishing list

as if the oc was able to get you in court

for a bal of £25k

im sure they would have by now!!

 

dx

 

Thanks for getting back to me dx, here's a brief outline of the history:

 

Start date of original Virgin / MBNA CC agreement: Early 2008

Default date: Early 2011

Last payment: Early 2011

 

The only correspondence issued by me since the default date has been to request the original agreement, issue a default pursuant to s.77/78 request or a 'Prove It' letter if a new company has chased for the cash.

 

Once I give Moorgate a notice of being in default, the plan is to sit back and wait for 6 years to pass since the last payment date so that it becomes statute barred

 

Any thoughts?

 

Cheers

[dx100uk]

i really cant see why this has never been enforced.

 

your idea might be the best!

 

dx

[burntout]

I agree. I can only assume that they don't have access to the original credit agreement and therefore are unable to enforce it in court.

 

Fingers crossed I'm right.

 

Thanks for your help and I'll post updates on any progress should anything new unfold.

[robcag]

Thanks for getting back to me dx, here's a brief outline of the history:

 

Start date of original Virgin / MBNA CC agreement: Early 2008

Default date: Early 2011

Last payment: Early 2011

 

The only correspondence issued by me since the default date has been to request the original agreement, issue a default pursuant to s.77/78 request or a 'Prove It' letter if a new company has chased for the cash.

 

Once I give Moorgate a notice of being in default, the plan is to sit back and wait for 6 years to pass since the last payment date so that it becomes statute barred

 

Any thoughts?

 

Cheers

 

 

Presumably you were issued with a Default Notice pursuant to s87/88 of the CCA 1974?

 

What was the date of issue and the date given for you to remedy by?

 

Do you still have the envelope showing what method of posting was used?

 

Did you in fact remedy the default by your payment in early 2011?

 

Rob

[burntout]

Presumably you were issued with a Default Notice pursuant to s87/88 of the CCA 1974?

 

What was the date of issue and the date given for you to remedy by?

 

Do you still have the envelope showing what method of posting was used?

 

Did you in fact remedy the default by your payment in early 2011?

 

Rob

 

Hi Rob and thanks for the post.

 

I still have the letter, yes, but I won't have the envelope. The final payment that I made was prior to the default, so will not have remedied the default by making a payment.

 

Whilst the default notice was somewhere around Feb/Mar 2011 I don't recall the exact date of the default notice, but I do recall that the period of remedy was 14 days from the date of the letter.

 

Cheers.

[robcag]

Well if you're right, it sounds like the DN is defective due to insufficient time being allowed, due to not allowing extra days for service by post, so keep it safe. This could be an extra string to your bow to be used in a Defence against any potential court claim.

 

Did they issue a Termination Notice when you failed to comply with the DN? Although IMHO if they've demanded payment in full then it could be argued that they've terminated.

 

Rob

[burntout]

Hi all

 

Court papers have been received from Britannica / Earlswood this week and I need to figure out what to do next. There's obviously a 14 day period in which I need to reply to the Claim Form and was hoping for some help from everyone here.

 

Please could someone point me in the right direction?

 

Cheers.

 

Burntout

[dx100uk]

i'll move your thread to the legal forum

 

plenty of threads and help there

 

title updated too.

 

dx

[burntout]

Thanks DX, appreciated

[burntout]

Big update for you all...

 

I placed the claimant in default due to failure under Section 77/78, and issued an SAR to them which is due to expire in about a week.

 

But the big news is that over the weekend I received a notice that their claim has been STRUCK OUT - yippee!

 

So, my limited knowledge of this area tells me that this particular claim has been thrown out of court. However, is it possible and/or likely that the claimant would issue a new claim for the same alleged debt?

 

Cheers guys.

[dx100uk]

who was the notice from

 

court or them?

 

dx

[burntout]

who was the notice from

 

court or them?

 

dx

 

Hey DX, it was direct from the court. I wouldn't have listened to anything from the claimant!

 

It was a simple, single page notice stating that:

It is ordered that:

 

The Claim is struck out.

 

This notice is served pursuant to to paragraph 2.5 (2) of the Practice Direction supplementing Part 51 of the Civil Procedure Rules.

 

It goes on to advise that any party wishing to have the Order set aside, varied or stayed must apply within 7 days.

[leopard lady]

Did you actually submit a defense? I have just recieved court papers from the same crew and have no idea which entity I'm actually dealing with now!!!