Mum v MBNA

[MARTIN3030]

The notice or deed of assignment should show the debt was assigned from the original creditor.

It should be signed and dated by both parties.

This will be crucial in you showing the timescale of events in that the assignment occured AFTER you raised the dispute.

I am not sure that you should have requested "Damages" in your POCS since damages is very different to costs-which you would have been entitled to ask for.

 

The various issues that you have;

 

1. Data protection-the Court would want to see that you executed the S10 and also reported the matters to the Information Commissioners Office.

 

2.Breaches or failings under OFT guidelines are not statute,and therefore not something the Court could deal with,however those breaches could certainly be used as an indicator towards the integrity and failings of the lender.

 

In both instances of creditor and Dca-there are issues that you could use in a complaint to the FOS especially under the 2008 unfair consumer terms regs where there has undoubtably been failings in upholding codes of practices.

Paul from the team asked to see the CCA docs-it would enable more to go on.....if you cant scan the doc-then have you access to a fax machine ?

Edited January 4, 2009 by MARTIN3030

[indebtstudent]

I can see how this is confusion as I know I do waffle on a bit.

 

The situation is I never got started with the case against MBNA, it is with the Ombudsmen and I'm going to mention this court action and the DCA's fictional 'agreement' to them.

 

Apex Credit Management are taking my mum to court on behalf of MBNA presumably.

 

There has been no info to say they are enforcing this debt. I agree there is a debit balance but it seems to me there are errors here eg this is the first contact we've had from this company, there is no notice of assignment.

 

I agree there is a balance to pay but cannot put a figure on because the info was never provided by MBNA.

 

Essentially this means what I can put as a defence is limited as I am not in full posseiton of the facts. Because of the time factor the only option I can see as workable is putting down the facts.

 

No notice of assingment, no proof that there even is a debt from this APEX lot (we know there is but?)why do thier job for them. In addition my mum still has the breakdown of income& expenditure from CAB to show she can only afford minimal payments.

 

To top it all off my brother has recently been made redundant (she lives with him and his wife) so I fail to see how a CCJ would do them any good whatsoever. Her only income is IS, and she has no assets.

 

Just seems like a monstrous waste of everybodies time.

[indebtstudent]

Right with the deadline looming I did the only thing I could given that I couldn't find info on here re a proper defence. I put it as best I could that no proof of the debt had been provided, no notice of assignment has been provided and therefore there is no case to answer.

 

I can post what I put if you want to see is as I'm a litte worried I have somehow done something horribly wrong.

 

I also want to get this CCA document scanned in the next couple of days so watch this space.

[MARTIN3030]

How are things going with this IDS ?

[indebtstudent]

It has been passed to another company who have filed for court, I pointed out in the defence that they had not provided a notice of assignement and they sent a letter with an attached copy of an example letter before action.

 

They say the original was computer generated but they have included this one for your records. To me that mean they didn't send one, I mean I would send a prelim and an LBA recorded and keep copies of both.

 

They also say they hope they can resolve this without a hearing. So I'm going to ask for a full breakdown of the balance as well as showing my mothers income/expenditure as provided by the CAB , propse a reasonable payment of £1/2 month as there's literally nothing else she can offer.

 

It annoys me that MBNA have made some 'goodwill' reductions to the amount without providing the information a customer would need in order to judge if this is fair or not.

[indebtstudent]

We have a court date now in May, I have an old scanner which I'm going to try and hook up tomorrow.

 

Assuming the agreement is valid (looks good to me), then all I cna do is negotiate for as small a payment as possible. I am also going to send a letter to the solicitor saying they appear unwilling, or unable, to breakdown the balance in terms of charges and interest.

 

Since Abbey deny even having the SAR this is not surprising, also does anyone know what is the scope for getting ablance written off?

 

They propsed a payment of £50/month which my mum cannot afford, but by my calculations it would take eight years to pay the balance off. Given that they bought the debt for a fraction of the price is there any scope to propse a higher payment if they lower the balance?

 

The CAB statement showed my mum had less than £3/month surplus, solicotr says the outgoings are 'extravagant' and won't accept less than £50/month. I have no intention of agreeing a repayment she cannot keep.

 

The daft thing is she has no assets so even a CCJ doesn't change much. There is nothing to take!

[indebtstudent]

Its finally over, spoke to the solicitors yesterday and they agreed to accept a payment of £30/month towards the debt. They only gave info re the balance on 7th April and it was apparent that the charges only came to approx £240, £280 with interest.

 

The point is there was no way to know this since nobody seemed willing or able to send the info. I do believe there was a balance owed, and in truth the company gave a goodwill gesture of £100 and a cheque for £220.

 

My mum can bank this and crucially she has a payment she can afford.

 

I wanted the charges knocked off but this would've meant going to court and the claimant had to pay a hearing fee of £300. They only accepted the offer if the defence was withdrawn. I have sent a copy of the form to the court as well as the solicitor.

 

They may not have turned up at court, but my mother really did not want to go as she has mobility problems at the moment (she needs a needs a new hip but can't get the op, its complicated).

 

All in all I'm glad this is over and, crucially, she has a repayment she can afford. Its a shame she had to get a CCJ against her, if the company had entered into honest correspondance earlier this would have been avoided.