Mbna, IDR finance,aktiv kapital and link financial - CLAIM FORM RECEIVED

[FozzieL1]

Dear sir/madam,

 

My husband and I had quite large debts with mbna,

 

we choose (stupidly) to borrow on 0% credit cards instead of borrowing on a loan with a fixed rate and an end date. (we all live and learn).

 

We ran into difficulties reducing the balance because the cards went form charging 0% - 29.9%, paying £700.00 per month

and reducing balance by about £30.00 per month,

 

you probably don't need me to tell you that we could not keep this up,

 

we wrote to mbna who were quite helpful and put the accounts on 0% and reduced payments,

 

we were paying £460.00 per month and made great strides in reducing the debt.

 

Then out of the blue, we got a letter saying that the debt was being transfered.

 

This is where the real troubles started.

(by the way we have experienced cards being transfered before and nothing has changed with regards to paying).

 

People have been ringing us night and day for huge amounts of money.

Plus sending the odd letter.

 

Now my husband has received a claim form for an CCJ.

 

I have filled out the request for more time on moneyclaim site.

 

I have been getting advise from payplan who are really saying we need an IVA.

 

This is not what we want.

 

Surely there is another way.

 

We are in our late 40's and have always paid back what we have borrowed plus interest.

 

Really don't know where to go with this?

 

We have all the paperwork etc.

 

hope someone can help or point us in the right direction?

 

Many thanks for your time

regards

[ims21]

Please let us know who the claimant is on the N1 form and type up the particulars of claim verbatim

(minus any personal identifiers).

 

When doing that change the figures slightly to help maintain your privacy.

[FozzieL1]

no problem I have posted the claim form to pay plan, as they asked for it, Iwas trying to log onto money claim without success, the name is IDR

[FozzieL1]

once I receive the log in details from the government gateway I will be able to access form, i will ring pay plan

[dx100uk]

there are lots of these IDR finance [LINK] claim forms flying around on here.

 

i take it the debt HAS been sold?

 

have you checked his CRA file

to see who is shown as the OWNER of the debt

 

only THEY can take you to court.

 

there havve been examples whereby its NOT the owner and link are just chancing their arm.

 

ideally you should not have sent off the claim form to anyone.

 

dx

[FozzieL1]

I will ring pay plan on Monday and ask them to send it back, what is a cra form?

 

Mbna said that it had been sold and transfered,

on different letters,

 

when we phoned them to speak about the account they said they could not speak to my husband

cause they could not get through security checks,

 

we have this in writing too,

 

I am same problem with aktiv capital but it has not got to court stage yet]

[dx100uk]

CRA file see below

 

dx

[FozzieL1]

Hi, Thank you, again I have just signed up to the cra file, the debt is listed as the lender being Link financial, £16.259. When I looked around and went into public information, this was listed:

£ 1,068

Court name Northampton Ccmcc, what is this figure?

[FozzieL1]

The debt was added to the file in dec 2012

[dx100uk]

cant see how the debt was added last month inless you only

just took it out?

 

sure thats not an update?

 

so link is the owner

but thrse apprears to already be another CCJ [if for the same debt i doubt]

[needs investigating if you knew nothing about it]

 

this is his cra file ofcourse not yours?

 

dx

[FozzieL1]

I have re looked at my husbands file: yes it is his file.

 

The link financial is showing as being on since July 2012,

we did not even have anything to pay then,

and still do not unless we pay in full,

 

the ccj listed is sept 2012 with Northampton court and we know nothing about that,

 

I have just put in a dispute,

[The Mould]

Dear sir/madam,

 

My husband and I had quite large debts with mbna,

 

we choose (stupidly) to borrow on 0% credit cards instead of borrowing on a loan with a fixed rate and an end date. (we all live and learn).

 

We ran into difficulties reducing the balance because the cards went form charging 0% - 29.9%, paying £700.00 per month

and reducing balance by about £30.00 per month,

 

you probably don't need me to tell you that we could not keep this up,

 

we wrote to mbna who were quite helpful and put the accounts on 0% and reduced payments,

 

we were paying £460.00 per month and made great strides in reducing the debt.

 

Then out of the blue, we got a letter saying that the debt was being transfered.

 

This is where the real troubles started.

(by the way we have experienced cards being transfered before and nothing has changed with regards to paying).

 

People have been ringing us night and day for huge amounts of money.

Plus sending the odd letter.

 

Now my husband has received a claim form for an CCJ.

 

I have filled out the request for more time on moneyclaim site.

 

I have been getting advise from payplan who are really saying we need an IVA.

 

This is not what we want.

 

Surely there is another way.

 

We are in our late 40's and have always paid back what we have borrowed plus interest.

 

Really don't know where to go with this?

 

We have all the paperwork etc.

 

hope someone can help or point us in the right direction?

 

Many thanks for your time

regards

 

Regardless of the assignment of the debt, if you were in an agreement to pay at a reduced rate and have maintained the same, then estoppel is your Defence against the claim.

 

Kind regards

 

The Mould

[citizenB]

You have a strict time line to adhere to on receipt of a claim form.

 

issue date + 5 days for service + 14 days to acknowledge + 14 days to submit a defence.

 

If you can let us know the issue date - top right hand corner of the claim form then we give you the exact dates.

 

You need to send a CPR31.14 to the solicitor for documents mentioned on the claim form. So you need to also let us know exactly what it states the claim is for.

[FozzieL1]

I have replied to the form via money claim on line, we were paying reduced payments until mbna sold it, we have paid nothing since as idr have been asking for the full amounts over the phone, no statements have been issued, just waiting for the form to be returned from pay plan, they are putting huge pressure on us to enter into an iva

[FozzieL1]

I have replied to the form via money claim on line, we were paying reduced payments until mbna sold it, we have paid nothing since as idr have been asking for the full amounts over the phone, no statements have been issued, just waiting for the form to be returned from pay plan, they are putting huge pressure on us to enter into an iva

 

 

we had no agreement at all with idr

[citizenB]

I have replied to the form via money claim on line, we were paying reduced payments until mbna sold it, we have paid nothing since as idr have been asking for the full amounts over the phone, no statements have been issued, just waiting for the form to be returned from pay plan, they are putting huge pressure on us to enter into an iva

 

It is my understanding that PP get some kind of fee for IVAs.

 

What is the level of your overall outstanding debt ?

[FozzieL1]

Between the two of us about £30,000 plus what ever this mess is with MBNA. , it is unsecured and it is to tesco and barclaycard, santander. it is on 0%, santander £4,500 is on this until paid off. tesco and barclaycards, 12 months review date

[FozzieL1]

what is the best action now to defend this ccj, an acknowledgement has been made, so we have the maximum time of 33 days, less the days that have passed by, no more than 8 days.

[FozzieL1]

the issue date of the claim in 15/01/2013

[FozzieL1]

The claim:

 

The claimant claims the whole of the outstanding balance due and payable under an agreement referenced: --

------------ and opened effective from 08/03/2007.

 

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 30/04/2012 a default was recorded.

 

As at 20/06/2012 the defendant owed mbna the sum of £16,213.36.

 

By an agreement in writing the benefit of the debt has been legally assigned to to the claimant effective 20/06/2012.

and made regular upon the claimant serving a notice of the assignment upon the defendant shortly thereafter.

 

And the claimant claims: 1. 16,097.36 2. interest pursuant to section 69 county court act (1984) at a rate of 8% per annum from 21/07/2012 - 15/01/2113 . date 15/01/2013

[FozzieL1]

deleted

Edited January 29, 2013 by FozzieL1
asked to stick to one thread

[dx100uk]

stick to one thread fozzy

 

dx

[FozzieL1]

stick to one thread fozzy

 

dx

Ok no problem

[FozzieL1]

Hi, how should I defend the above case? I would appreciate some pointers on this please thank you

[citizenB]

Ouch this was taken out in 2007, yes ?

 

Do you know if there was Payment Protection Insurance on the agreement ?

 

I think the fact that you were in a payment arrangement with MBNA prior to the assignment needs to be mentioned in your defence. That the new company were demanding impossible sums of money and you were not aware that the new company were essentially bound by the arrangment in place when they were assigned.

 

Your timeline is as follows :

 

Issue date 15.01.2013 + 5 = 20.01.2013 + 14 to acknowledge = 03.02.2013 + 14 to submit defence = 17.02.2013

 

Do you have all the paperwork mentioned in the particulars of claim ?

 

The Default Notice

The Notice of Assignment

The agreement.

 

Can you confirm at what point you stopped making the reduced payments was it before the assignment took place or after when the new company started demanding more than had been agreed with MBNA ?

 

The way the PoC is worded, it looks like you stopped in April when the account was still with MBNA. If this is not so, then the fact that the Claimant is trying to mislead the court should be another point for your defence.