Thread: County Court Summons Urgent Help Required

While creditors in default of s.78 request they can not lawfully enforce agreement. MBNA unlikely to have enforceable agreement.

File defence stating mbna haven't supplied cooy of agreement & in default. Put creditor to proof of debt.

Write again to creditors & say that under cpr protocols you request disclosure of all information they hold pertinent to case including true copy of agreement.

If she puts creditors to proof & they don't produce an enforceable agreement then the court cannot enforce agreement for the creditors.

She should have proof of the CCA request to Abbey Nat. Either recorded delivery confirmation of receipt of the CCA requests or of the £1 cashed po's.

If the claim is from Northampton then it needs to be acknowledged. I prefer to do that on the 14th day cos that gives you another 14 days (and it annoys the DCA). That's online acknowledgement if it's Northampton or hand delivered if it's local.

You need to send off a fax to Abbey Nat a couple of days before you're due to file your defence. Tell them that you sent them a CCA request and they received it/cashed the P.O. on xx/xx/2007. Tell them that their lack of response is hindering you being able to prepare your defence and that they should respond in the next couple of days by business post so that you are able to use the information they supply as part of your defence.

They won't reply and say in your defence (that will be made on the last possible day) that you have sent off two requests for information - waited for a response but in the absence of a reply you are unable to prepare anything but a basic defence that denies everything.

You'll get an aq (allocation questionaire - mandatory form that gives the Court an idea of how much this case is going to take up in respect of time) at some point and then we can get things moving in your direction. CPR request for the information and what they used to back up the default notice etc.

That's what I'd do anyway.

Hi, Bigmac asked me to have a look at your thread.

do we not CCA the DCA as they are the claimant?

Just for the avoidance of doubt, it is Arrow who are the claimant. Yes?

Personally I would defend in full.

If she does defend the claim does she need to send the papers back to the court saying this,

Yes or she can do it via MCOL. At the moment she only needs to state she is defending the claim. She doesn't need to submit a defence.

From your previous posts you state that a CCA request was already sent. What we'll do now is ask for documents under the Civil Procedure Rules as they are taking legal action against you. Send the claimant the following. This is a legal request that they must comply with, I would recommend that you send it special delivery next day before 1pm.

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

Dear Sir/Madam,

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes the CCA request made to on (DATE). The information must be furnished by the (DATE), which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:
a. A transcript of all transactions, including charges, fees, interest, repayments and payments.
b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with MBNA
d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.
4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.
5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully,

If they don't supply this information don't panic. It actually works to your advantage if they don't supply the info as the case may be thrown out for this reason alone (worst case scenario the judge just gives them more time to supply the documents).