Can it be statute barred if within the 6 years mbna start legal action before the 6 years are up but the case goes over the 6 years (adjourned)?

sorry?

when was your last payment?

March 2012 but they commenced action in January which is stayed pending my 31.14 request

so the full story please

and no a claim cant be stayed by a CPR request.

Is this a new topic or have you changed your username?

oh i see

someone hi-jacked an old thread...

dx

My question was intended as a general question without getting getting into the nitty gritty of my case.

The question quite rightly posed was focused simply on the previous post re statute of limitations without my diverting the thread with my own matter.

And yes Ccbc HAVE stayed the claim against me as I have tried to get the claim struck out due to non compliance with my 31.14 (something I learned on these forums ) .

My application was denied and the judges remark was "claimant to file in due course" when I have seen an identical situation to mine where the judge gave claimant ten (or so) days to file otherwise strike out.

I phoned ccbc to see if claimant has complied and they told me it is stayed.

We are now months later and nothing happening.

Hence trying to keep it simple hoping that if this drags on I can rely on statute of limitations.

I've made this its own thread.

dx

No I haven't changed my username . I rarely post but have gleaned extremely good info on these forums and successfully won 2 cc cases.

i also looking into Ppi reclaim as offset but don't know where to begin with Ppi as I just read an article here yesterday about payment breaks and not to use a Ppi reclaim company

post here now please

the SB clock stops when a claimform is issued.

who was the claimant

Pra for Mbna

no PRA are debt puchasers so its now NOTHING to do with MBNA

they sold the debt.

what about your CCA request

that's the important one CPR is a request and does not have to be complied with.

dx

As this is now my thread I can say the claimant sent me a miniature claim form that is barely readable,

then received a further letter stating they had not completed their response to my 31.14 and presumably that is what we are waiting for.

It's quite a large claim (just under £20k).

I don't want to give specifics as I am sure both sides read these forums.

My CCA was responded to with the miniature agreement , the account, The assignment which I have never seen and also the default notice I have never seen

no PRA are debt puchasers so its now NOTHING to do with MBNA

they sold the debt.

 

 

what about your CCA request

that's the important one CPR is a request and does not have to be complied with.

 

 

dx

I assume you put a defence in which is why the stay happened?

You need to get the claim discontinued for the limitations act to kick in. Pra are not to be trusted.

The cca is the one I paid £1 with isn't it?

Yes and Its for the agreement. The rest is cpr31.14

I did put a defence in and am happy to post it up redacted if that's ok ( not tonight tho)

Technically have they complied with the cca even though it's a miniature

no they haven't complied with the CCA

we already know the MBNA application forums are not compliant as they don't hold all the prescribed terms to make it enforceable

theres really no need to hide

there are hundreds of claim threads here already regarding PRA and the large portfolio of lemon MBNA debts they bought in 2015 here.

the claim is stayed so end of the matter really unless they pay to lift it.

scan up your CCA return to ONE MULTIPAGE PDF PLEASE

follow the upload

Hi

My old MBNA account came back as just a signature box although it was from 2005- last sale was to arrow who I have not heard from for several years

I suspect you went after a strike out a little too quickly - there is a balance to be followed between giving them enough time and not letting it drag along too long.

I read of a case where someone applied for a strike out and ended up with a CCJ although no idea how that actually happened.

There are options which may cost you money depending on your income

leave it stayed

Apply for an unless order (costs money)

After an appropriate amount of time 'invite' PRA to discontinue the claim to save costs on the basis you will be applying for a strike out and costs

I will leave the decision to you and the advice to those much better than me

I think mine is from 2010, internet application, no signature.

Shall I scan up the CCA return (ie the redacted agreement) and my defence as well (redacted)?

Many thanks for the replies. I turned in last night.

I think mine is from 2010, internet application, no signature. But I am sure that I ticked the box for payment protection which theirs does not show.

Should I scan up both the CCA return AND the defence (both redacted of course)

yes please to ONE multipage PDF

yes please to ONE multipage PDF

Just one final thing before i upload the agreement. I am going to upload EXACTLY as they sent me apart from redaction of my name- just to show the miniature appearance

BUT

I am also able to scan in zoomed so that it may be readable, but this may be detrimental to me. The reason why it might be good to do this is for others to see whether the correct terms are in it if the claimant tries to do the same - what do you think? Scan in zoomed as well?

Claimants have been known to send enlarged copies when legibility has been mentioned so I really do not see any problem

It is however a sad state of affairs when debt purchasers trawl these forums so if you feel uncomfortable with it then don't do it.

Post stop worrying

CCA response attached

PRA CCA Return MBNA.pdf