MBNA / LinkIDR Finance - claim form received... Help?

[AndyOrch]

Yes also as Brig states it would be a Restriction not a CO so forget forced sale.

 

Regards

 

Andy

[kiruji]

Thank you guys for your help. I'm worried sick over this; despite me thinking I'd never let them bully me I've become so desperate I'm considering taking another loan out to pay them. I'm terrified I'm going to lose my house.

 

I'll ring them tonight and tell them I'm not going to sign their voluntary charge order and that they'll have to take me to court.

[AndyOrch]

Also state any litigation will be vigorously defended.Also put it in writing phone calls wont help later in the process.

[kiruji]

So I should send them a letter stating that I'm not willing to sign the order and that any litigation will be vigorously defended? That's just to cover myself for when it gets to court, I assume?

[BRIGADIER2JCS]

Exactly!!!!

[kiruji]

Thank you for your help! Makes me feel a bit better about things although I really wish I had a magic wand I could wave.

[AndyOrch]

Thank you for your help! Makes me feel a bit better about things although I really wish I had a magic wand I could wave.

 

Dont we all keep your thread updated with what transpires.

 

Regards

 

Andy

[kiruji]

Update time... I've received a notification of court thingymabob from Northampton. The actual claim states:

 

 

 

The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced XXXXX

and opened effective from 07/04/2007.

 

 

The agreement is regulated by the Consumer Credit Act 1974,

was signed by the Defendant and from which credit was extended to the Defendant.

 

 

The Defendant failed to make payment as required and by 29/02/2012 a default was recorded.

 

 

As at 27/04/2012 the Defendant owed MBNA Europe Bank Limited the sum of 8,036.95.

 

 

By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 27/04/2012

and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter.

 

 

And the Claimant claims:- 1. 8,166.95 2. Interest persuant to Section 69 County Court Act (1984)

at a rate of 8% per Annum from 27/04/2012 to 04/01/2013 of 423.30

And thereafter at a daily rate of 1.70 to date of judgment or sooner payment.

 

 

The Claimant is IDR Finance Ltd, not Link Financial. Are they connected?

 

I don't really know what to do.

I feel like it doesn't really matter what I do

- if I'm going to be charged interest on this sum and the court orders me to pay a set amount each month,

I can see I'll never be free of it.

 

 

I assume I should just fill out the online form to say I accept the debt and accept that I've ruined my life?

 

 

Is there anyway I can tell the court that I've tried to come to an arrangement with the claimant

but they've ignored me and even told me that their goal is to get a claim on my home

and they won't entertain any repayment plan until they have it?

 

 

That they suggested I get a loan from somewhere else to pay them?

 

 

That they have put so much pressure on me that I've succumbed to depression

and even suicidal thoughts?

Or will the court not care?

 

Ideally I'd like to do something to hurt IDR, but I'm fairly sure there's nothing I can do -

I made the bed etc, it's entirely my fault I'm in this state.

 

Any advice?

[AndyOrch]

One and the same company (Link Out Sourcing) but treat them as two separate companies.(as if the debt as been assigned again).

 

You have posted enough detail kiru to enable a defence so defend.

 

Regards

 

Andy

[kiruji]

Thanks for your reply. I have no idea where to begin defending though or what it entails? Is there something I can read that will guide me through it?

[AndyOrch]

Read my guide here in the stickys :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation..-Court-Claims-Defences

 

Thread moved to legal forum

[kiruji]

Thanks for the link. I've read through that and although it's cleared up some of my questions, I still have no idea what I should do, or what I can do, to defend. The last thing I want to do is make things worse.

[AndyOrch]

If you let it ride then the only things made worse will be for yourself...not the claimant.We don't have time here on CAG to convince or persuade.....you must decide what is best for you....but once you have your CCJ you will never be able to question the unfair charges/Interest/PPI again...they will be secured on your home as a judgment.

 

Regards

 

Andy

[kiruji]

I want to defend against it if at all possible, but I don't know how to do that. I'm asking for help. Please.

[dx100uk]

did you ever get that SAR done?

 

dx

[kiruji]

Yes, I think I did - I'm at work and all my files are on my PC at home, so can't double check. Pretty sure I have a large envelope full of stuff they sent me at home though.

[dx100uk]

you need to look at the PENALTY charges & PPI reclaims i think too as a counter claim or atleast inclusion somewhere.

 

dx

[kiruji]

I'll go through it all tonight and work out the penalty charges. There wasn't any PPI. Am I looking for ANY penalty, regardless of the charge? Or is there a limit below which they're allowed to charge?

 

EDIT: And thank you for your help!

[dx100uk]

ALL fees are a PENALTY regardless if they are £12 or £50 fixed fees

 

dx

[kiruji]

OK, I've gone through everything they sent me as a result of the SAR.

There are statements going back to April 2007 through to when the account was sold in February 2012.

 

In that time, they charged £432 in late fees,

£240 in overlimit fees and

£48 in returned payment fees;

grand total of £720.

 

 

Using the credit card charge calculator on MoneySavingExpert to calculate 8% interest gives a total of £928.14.

Not sure if I should have done that or not!

 

What's the next step?

 

 

Again, thanks for everybody's help

- it's a huge help to know there are people out there that will offer useful advice and not judge.

Edited January 15, 2013 by kiruji

[LadyTara]

hi There,

 

I actually cannot believe that MBNA did not do anything to help you. are you sure that what the truth is.

They do arrangements to pay and they stop interest and fees for customers in severe financial difficulties

if you give them your financial statement.

 

 

If you cooperate with them and provide information they need they do not have a choice but to help you.

Why are you not complaining to their Customer Advocate Office that you did not get any help???

 

Regarding the collecting agency MBNA wont give a dam about your problems with the agency.

At the end of the day you had your chance with MBNA and when they sell the debt it is gone forever.

 

 

I can understand it is an awful experience to deal with them so maybe do it through Pay Plan or CCCS?

speak to CAB for advice or Christians Against Poverty. Hope you can sort it out

[dx100uk]

OK, I've gone through everything they sent me as a result of the SAR. There are statements going back to April 2007 through to when the account was sold in February 2012.

 

In that time, they charged £432 in late fees, £240 in overlimit fees and £48 in returned payment fees; grand total of £720. Using the credit card charge calculator on MoneySavingExpert to calculate 8% interest gives a total of £928.14. Not sure if I should have done that or not!

 

What's the next step? Again, thanks for everybody's help - it's a huge help to know there are people out there that will offer useful advice and not judge.

 

8%!!

 

thats not what they charged you!!

 

use THEIR int rate and this sheet

 

CISheet v101.xls

 

This third spreadsheet is a calculator that will work out a fos based PPI award on a Revolving Credit Account such as a credit card. It will also work out the additional 8% interest awarded where the account moves into credit as a result of the removal of the PPI from the account. Be aware that you will need ALL of the account statements for this spreadsheet to give the correct result.

[kiruji]

I actually cannot believe that MBNA did not do anything to help you. are you sure that what the truth is.

 

Thanks for your constructive comments. Judging from 2 out of your 3 posts, I'm going to assume you either work for MBNA or you're a heartless wench. Either way, I'm going to ignore the rest of your post other than:

 

I can understand it is an awful experience to deal with them so maybe do it through Pay Plan or CCCS? speak to CAB for advice or Christians Against Poverty. Hope you can sort it out

 

I don't think you do fully understand, but thanks for the advice nonetheless.

 

8%!!

 

thats not what they charged you!!

 

use THEIR int rate and this sheet

 

Thanks for the link, I'll plug the data into it when I get home.

 

Can you just explain to me what I'm doing with this info though?

 

 

Am I making a counterclaim for the amount of the charges?

 

 

Is the aim to get the total owed reduced?

 

 

Does it matter that it was MBNA that made the charges and IDF Finance that's taking me to court?

 

 

Sorry for the silly questions,

I just want to make sure I'm clear in what I'm doing!

[up2meears]

hi There,

 

I actually cannot believe that MBNA did not do anything to help you. are you sure that what the truth is. They do arrangements to pay and they stop interest and fees for customers in severe financial difficulties if you give them your financial statement.No they don't, they advise you to re-finance, borrow, beg or steal

If you cooperate with them and provide information they need they do not have a choice but to help you.:lol::lol: This comment has cheered me up no-end Why are you not complaining to their Customer Advocate Office that you did not get any help???

 

Hi Kiruji,

 

Sorry to hear you are having such a nightmare with these parasites, Although I can not advise on them taking you to court, if it helps I am currently going through the process of suing MBNA for charges (as they're more than 6 years old) and I have used an interest rate of 24.9%, as suggested by the CAG gurus. Change the interest rate on your spready to show this amount and watch the difference. In support of this I recently claimed back charges from Barclaycard with an interest rate of 21.49% I think it was.

 

Like I say, as I'm not up to much on the court side of things sorry!

 

Good luck with it all though

 

Up2

[kiruji]

I've plugged the data into the new spreadsheet and it returns a total of £1,684.69, using an APR of 24.9%.

 

What's the next step?

 

Thank you to everybody that's offered advice and kind words, it's a real help - I literally don't know what I would do without your guidance!