Help - DLC refused to honour DMP on MBNA debt & are taking me to Court***Settled***

[Fiona69]

Help please, I am a Newbie and have been reading lots of threads but I am now totally confused.

 

I had two credit cards with MBNA and they agreed to my repayment offer.

They subsequently sold on the debts.

The first DCA have honoured my agreement with MBNA and have only written to me once telling me this.

 

However, the second debt was sold off and I immediately started receiving calls from DLC.

I refused to discuss my situation with them over the phone and told them to write to me, which they did,

I sent them I & E, but they said repayment was too low (but never told me how much they wanted),

I told them that I had an agreement with MBNA but they still refused to honour the agreed repayments.

 

I have received letters from their solicitors to inform me that they would proceed with court action if I failed to pay the full outstanding amount.

Which I again responded with the proposed repayment.

 

They have now started court proceedings 'to obtain Judgement for payment forthwith then applying for a Charging Order'

but then state 'the Judgement will not be enforced if you maintain the payments at the proposed rate' to be reviewed in six months.

 

I have now received the court papers what do I do now?

[BankFodder]

In principle they are treating you unfairly. MBNA are bound by the rules in COBS and although the debt has been sold on, it does not absolve anyone from their duty to treat you fairly under COBS.

 

Have you got written evidence of your agreement to pay MBNA installments?

 

When is the date for filing a defence?

 

Are there any charges involved in the debt?

[BankFodder]

By the way, you must not stop making your repayments. Even if they refuse - you must try to make each installment and keep all records of refused payments. Do nothing on the phone unless you record the call.

[renegadeimp]

Hold up. Have they actually issued you court papers? Or are they trying their usual trick by saying they intend to take you to court unless you pay a random amount immediately?

[BankFodder]

Hold up. Have they actually issued you court papers? Or are they trying their usual trick by saying they intend to take you to court unless you pay a random amount immediately?

 

Good point.

[Fiona69]

In principle they are treating you unfairly. MBNA are bound by the rules in COBS and although the debt has been sold on, it does not absolve anyone from their duty to treat you fairly under COBS.

 

Have you got written evidence of your agreement to pay MBNA installments?

 

When is the date for filing a defence?

 

Are there any charges involved in the debt?

 

 

I have the letter from MBNA accepting my offer of payment (06/08/2011) which I have maintained and not missed.

 

I have continued to pay DLC the agreed payment.

 

They have included solicitors fee and court fee in the claim to the courts. (they kindly sent me the default notice for the solicitors fee).

 

Court papers have to be back in 14 days.

[dx100uk]

post up the claim form please

 

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

moved to legal forum - title changed.

[BankFodder]

Can you tell us a little about your general situation. Do you have other dbts and do you have agreements in place with other creditors? Are you on a DMP?

Has there been any change in your income circumstances since you ade the installment agreement which might allow you to pay a larger sum?

 

MBNA have a duty to treat you fairly. By agreeing an installment schemc, they signalled to you that they would continue to allow you to pay the debt at a certain rate and would not take any enforcement action. By selling the debt on to a company which makes its income from recovering debts, MBNA has gone back on their agreement.

I think that it will be worth using this in your defence to the claim.

 

You should also - claim an estoppel in the alternative.

 

However, it will help you - especially with the estoppel, if your circumstances have not improved since the agreement and also if other creditors will be affected if you have to pay off this debt in one go.

[BankFodder]

I'm assuming the the MBNA letter is not conditional or it doesn't set out some date for review of the repayment ageement.

[Fiona69]

@dx100uk, sorry no scanner, but included the relevant bits below.

 

It is a standard claim form from Northampton (CCBC). Issue date 19th Sept which gives 19 days to respond (5 + 14 from day of service) and 28 days from the 19th to enter a defence.

 

Particulars of Claim :

 

The Claiments Claim is in respect of a credit facility , XXXX, provided by MBNA at the defendants request on XX/XX/2007. The agreement was subsequently defaulted. Failure to meet requests for payment resulted in the account being terminated. On 16/07/2012 all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd. The Defendant was duly notified in writing of the assignment and that a balance of £6XXX.XX was due. The balance of £5XXX.XX remains owing from the defendant.

 

They have added the solicitors fee and court fee to the total claim adding and extra £290 on.

 

@ BankFodder

 

I have two other creditors Barclays who are my second highest creditor and have been great.

AK who bought the other MBNA debt which was the highest amount, they did what I expected once MBNA sold the debt in that they honoured the DMP as agreed by MBNA.

 

Its only DLC that I have been having issues with, I did think they were using their standard bullying tactics as seen on many forums especially the numerous phone calls then the Court papers arrived.

 

Our 'spare' cash has improved slightly and I was going to increase payments to the other creditors, DLC already get more than it says on my I & E sheet.

 

There were no conditions on the MBNA agreement letter, payment due every 30 days until balance paid. Their FAQ sheet said they could sell the debt if I missed payments which I have not done.

 

I did respond to DLC when they sent the solicitors letter that it would be unfair to my other creditors should they pursue the charging order as they where not the highest creditor.

 

To be honest I don't understand their logic, they have never told me how much would be an acceptable payment, just told me that what I was offering was unacceptable. They have not treated me fairly under COBS. They are prejudicing what I already have agreed with my other creditors, do I have to tell my other creditors that they are applying for a charging order? All I can see they have done is increased the debt with solicitors fees and court charges and if they get the judgement can add additional interest. They can't get additional money as we just don't have it.

 

Sorry for the long post.

[robcag]

 

Particulars of Claim :

 

The Claiments Claim is in respect of a credit facility , XXXX, provided by MBNA at the defendants request on XX/XX/2007. The agreement was subsequently defaulted. Failure to meet requests for payment resulted in the account being terminated. On 16/07/2012 all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd. The Defendant was duly notified in writing of the assignment and that a balance of £6XXX.XX was due. The balance of £5XXX.XX remains owing from the defendant.

 

 

The date of the alleged agreement highlighted above in red could be relevant because it was 6 April 2007 (I think that date is accurate) that the killing of ss127(3) and (4) became effective.

 

Just pointing that out to bring it to the attention of those helping.

 

Rob

[Fiona69]

The date of the alleged agreement highlighted above in red could be relevant because it was 6 April 2007 (I think that date is accurate) that the killing of ss127(3) and (4) became effective.

 

Just pointing that out to bring it to the attention of those helping.

 

Rob

 

If it help the exact date is 12/07/2007

[brokebutnotbeatn]

Not that I know much about this but is some form of Formal Complaint to MBNA in order to their compliance officer. They would have to respond re their sale of the debt when they had accepted your repayments particularly in light of the fair banking code of practice?

[BankFodder]

There is no code of practice any more. It has been superceded by binding statutory duties - although a fat lot of difference that seems to have made to anyone

[brokebutnotbeatn]

True, but a Formal Complaint should be made.

[Fiona69]

Been a while since my last post, sent off the Court Defense (in a nutshell estoppel & COBS) 19th October and have heard nothing back since until today when DLC sent copies of my CCA and state ' the grounds for my defense are invalid as they are not estopped.

 

Now what do I do? There is nothing on MCOL that they have responded, last thing on there is my defense.

 

Any help appreciated

[Bandit127]

The validity of the grounds for your defence are a matter for the judge and not DLC.

 

It would get you more precise advice if you can post a copy of your defence up.

[Dotty50]

Check with the court to see if the claim is 'stayed', the claimant has 28 days to respond to your defence so will have to apply to lift the stay in order to proceed.

[BankFodder]

Has this "objection " merely been included in a letter - or does it form part of a "reply to defence"?

[Fiona69]

I believe it is just a letter to me, there is nothing on MCOL to say they have responded. I will check with the court if the claim is stayed.

 

The letter does say ' We will shortly instruct our solicitors to continue with the claim'

 

Should you wish to discuss the matter at all, with a view to trying to avoid protracted litigation, please do not hesitate to contact our offices ......blah blah blah'

 

If the above is correct they have not responded within 28 days to my defense.

Edited December 10, 2012 by Fiona69

[BankFodder]

Has the case been transferred to your local court yet?

 

There isn't much you can do until it is transferred.

 

Keep on making the payments. That is you trump card. Never let up. Never get it wrong.

 

Call MCOL and find out when it is going to be transferred.

 

Once it is transferred, you could try writing to the court to complain that they aren't litigating reasonably and ask for it to be struck out. That normally takes an N244 and a fee - but you could just write the letter - at least for the record.

 

Frankly, if they dawdle around, it is their problem, not yours.

All you want it to be left alone to pay your instalments as agreed.

 

The longer they let it go on, the better it is for you and the more stupid they look.

[Fiona69]

Will check with the courts tomorrow.

 

I did panic this morning, but thinking about it, is this just another one of their tactics, make me think I don't have a case?

 

Will let you know what the court says tomorrow.

 

[BankFodder]

As long as you meet all of your deadlines and behave cooperatively and reasonably - there is nothing else for you to do.

 

If they don't follow up on the litigation - then it puts them into a worse position.

Just keep contact with the court - but you don't need to contact them or remind them or anything.

Just keep your head down and keep the payments up.

[Fiona69]

Happy New Year.

 

Received papers from court, transferring my case to my local court and a general directions order to lift the stay with the application notice from solicitors to strike out my defence.

 

What do i need to do now?

 

Help greatly appreciated

[The Mould]

Happy New Year.

 

Received papers from court, transferring my case to my local court and a general directions order to lift the stay with the application notice from solicitors to strike out my defence.

 

What do i need to do now?

 

Help greatly appreciated

 

You need to file and serve your witness statement in response to the Claimant's application to strike out your Defence.

 

Your witness statement must be filed with the Court and a copy of the same served on the Claimant's solicitors at least 7 days before the date of the hearing set for the Claimant's strike out application.

 

I have briefly read your case here and it appears that you have a Defence of estopple against this claim as you honoured the agreement to repay at the rate agreed with the original creditor, even when assigned to the Claimant it appears that you have not defaulted on said agreement, which, in purchasing the debt, the Claimant as the assignee must also honour the said agreement entered into between you and original creditor.

 

Can you post up your Defence and then post up the Claimant's application and his witness statement served in support thereof (which should set out his reasons and evidence as to why he asserts that your Defence should be struck out).

 

Come back and update on the above please, then we shall see what needs to be done and what indeed can be done to help you.

 

Kind regards

 

The Mould