Summary Judgement Obtained on MBNA debt

[Tennis Mad]

Hi, My 1st post to this site, feel encouraged that I have found the right medium after reading of the similar situation of other subscribers & the assistance that other members are prepared to offer, truly humbling...

 

I have a had CC judgement against me. This was via a District Judge at an application hearing & the judge gave a summary judgement.

 

I had originally gone to court as, after a protracted SAR request for a credit card taken out in 2005), I rec'd an application form (signed by me) but with an incorrect address (the address used was my parent's address that I had not lived at for approx.15 yrs.

 

MBNA argued that the address was not a prescribed term (schedule 6) under the credit consumer regs 1983 & that the application form when signed by an authorised officer of the company at the time became the executed agreement, although they did not send me a copy within the 7 days required as the original address was wrong. The judge agreed. I was unable to present any evidence of the credit file that was rec'd 30 days after the original hearing date, as MBNA's barrister had arrived late for the hearing. I had argued that the file was incomplete, offered 3 other trial judge's summaries as to why the "agreement" was invalid & that it was not an agreement but was an application form.

 

I have to this date rec'd an incomplete credit file but I can prove from it that I had had a previous credit agreement from MBNA & that they had written to me at my correct address approx. 12 mths before the application form that was signed in 2005. The credit file sent through to me contradicts what was in the sworn testimony of one of MBNA's claim managers.

 

To cap it off, I have today found my copy of the original agreement with what would have been the correct address (& which is different to the copy supplied to the court). MBNA have stated under sworn oath that the what they presented was the original(not reconstituted) copy of the agreement that they had in the files.

 

I am deeply worried as the judgment is for approx. £16,100 & I do not have those kind funds available. MBNA have made it clear that they will go for a charging order etc. I got a young family & I am worried that we will be made homeless.

[maroondevo52]

Hello and Welcome, Tennis Mad.

 

I have moved this thread to our Legal Issues Forum, hopefully you'll get some help shortly.

 

Regards.

 

Scott.

[Tennis Mad]

Hello and Welcome, Tennis Mad.

 

I have moved this thread to our Legal Issues Forum, hopefully you'll get some help shortly.

 

Regards.

 

 

Maroondevo,Thanx so much for that. I was wondering if I had got the right section! Your time is very much appreciated.

[dx100uk]

bottom line is did you owe ths money?

 

no good praying a paperwork error will rid you of your debts

 

that went out the window years ago.

 

how much of this debt is unlawful penalty charges & PPI?

 

dx

[robcag]

 

To cap it off, I have today found my copy of the original agreement with what would have been the correct address (& which is different to the copy supplied to the court). MBNA have stated under sworn oath that the what they presented was the original(not reconstituted) copy of the agreement that they had in the files.

 

 

bottom line is did you owe ths money?

 

no good praying a paperwork error will rid you of your debts

 

that went out the window years ago.

 

how much of this debt is unlawful penalty charges & PPI?

 

dx

 

IMHO, I would have thought that if the recently found original agreement is itself unenforceable then that would be grounds for setting aside the judgment, which after all appears to have been gained by MBNA committing perjury.

 

Is that original agreement enforceable or not?

 

Rob

[Tennis Mad]

Hi dx100uk,

From what I can see there is no PPI, although the file is incomplete I don't believe that there are any charges for PPI.

 

As to penalties there is 12 mths worth of late payment charges but that is it.

I appreciate your feedback as to paperwork errors & agree with you on.

 

However, surely providing an application form with wrong contact details when they had my all of my personal details form a previous agreement counts for something.

 

It seems that all they have in my file is an old application that has had my previous contact details.

I aslo have the original executed agreement which looks nothing like what MBNA showed up in court swearing under oath that it was the original.

 

MBNA cannot even state that they sent me this copy within 7 days.

 

The paperwork they showed up within court even has application written all over it as well as stating that it was an agreeement.

 

I would appreciate any feedback at all as I am a bit lost as to what to do.

[Tennis Mad]

Hi Rob, just found it today & am still going through it. But your comments as to purjury are what I thought. MBNA seem to have found an old application & have cut & pasted the address. If they had looked in the file that they have on me & which part has been sent through, I can prove that that they knew who I was & where I lived since 1997,when I 1st took out a credit card with them. Theyhad even been writing tome at my correct address since 2004.I have an original letter from them for the correct address, dated 2004. Surely, MBNA are not that sloppy to not check to see that correspondence is goiung to a valid address? Cheers for your time & replying,m I am grateful for any feedback or suggestions