I have a summary Judgement Hearing to strike me out next week

following a claim from Shoosmiths in respect of an debt to IDEM SERVICING and would welcome any advice.

Should I try to strike the claim out?

Can you tell me a if The documents below are all included by Shoosmiths in their trial bundle.

(A) If the Claim is valid as it does not include an account number ?..

(B) is the agreement valid

I am particularly interested in the rubber stamp signature that seems to have been randomly added at a later date..

. and does it have what it needs to make it a legal ?

C) The reference number on the agreement does not tally with the account number they claim they have bought.

The Default notice does not tally with the account number they have bought.

How does this affect the case?

D) They have provided no notice of assignment.

I applied to idem for any documentation they had on me ..

. The terms and conditions they supplied were not the same as those provided by shoosmiths.

Idem only contacted me a couple of months ago ..

before I was talking to Arden..

Is there a rule about masquerading?

Thanks for any help you can offer.

Will keep in touch and let the forum know the outcome

when did you take the card out

when did you last pay anything

get the rest of the paperwork scanned up

have you requested this paperwork via cpr or cca?

dx

Thanks for your quick response

applied fpr card 6/4/98 1998 ( see agreement)

Last paid to mbna on account 35 on 08/11/2012

This also show on my mbna statement..

weird as Idem claimed to have bought it in jan 2012.

no payment to idems account of 48

I have no account with that number on

I have requested and received the cca paperwork

Different terms and conditions..

No default notice..

agreement is the same..

no deed of assignment..

regards Jack

all mbna correspondence relates to account ending 35

Application number relates to ref ending 27

I hope this helps as i am looking for a decent defence ..

DN is close on the 14days

if it was sent by MBNA usual method

of 2nd class UK Mail.

have you all the statements from birth too.

dx

No I have no statements for the account Idem claim to have taken over.. ending in ####48

They have not provided/offered any for the strike out against me..

There is nothing in their bundle.

. just the letters I have copied here plus the application / agreement included here.

That is my point..

they claim to have taken over an existing account ending ###48

The mbna documents they are using to make their case and strike me out all refer to an mbna account ending in ####35

The application reference number is ending ####27

There is nothing to link these accounts except Idem saying so!

The claim itself has no account number on it.

There is no deed of assignment.

The default notice is for an account ending ### 35

The application/agreement does not appear to have contain what it needs to to make it enforceable

How or what do I defend.. ?

forget any number idem or anyone has themselves give the debt.

its the MNBA 16 digit account number that's the important one.

their documents contained relied upon within their PoC MUST refer to

documents they have or their case will fail.

a CPR 31:14 will give you those

dx

Thanks for the reply DX.. I have only included and refer to the MBNA 16 digit account numbers ..

Idem Claim they have the mbna 16 digit account ending 48

The evidence they are providing written by mbna all refer to a 16 digit mbna account number ending 35

Should the MBNA application form match the MBNA account number?? It does not ..

They have provided no statements

No deed of assignment

I would appreciate a opinion on the application form

I have Idem numbers but I have not included them.

What exactly did you receive from your s78 request. Post it up in full inc t and cs

The application form is just that-where is the agreement with prescribed terms and t and cs?

forget the deed you'll never see that.

it is quite usual for MBNA card numbers to change.

have you even sent MBNA an sar

dx

if you've had 'an' MBNA account since 1998

and have paid toward it till 2012

trying to wriggle about paper numbers being wrong aint gonna cut it with a judge.

dx

just to add in answer to your question, the adding of the signature is of no consequence, just normal practice to rubber stamp application forms in various banks, Providian just stamped them Providian National Bank without even any signature if I remember correctly. What did you base your defence on?

Thanks for all your responses

regarding wriggling on numbers.. I have actually two seperate accounts one is ending 35 and one 48.. I should have made this clear

Idem are claiming to have account 48.. but are using 35 default notice etc..

Surely Idem need a deed of assignement? particularly as they have only just come forward.. Arden had it until 3 months ago.. Is there something about masquerading behind a different company!

sent mbna a sar on all and any accounts.. no default notice.. no deed of assignment.. shows 4 different accounts 2 paid off. Plus the 35 and 48 accounts.

The claim itself has no account or credit card number on it..

There is no agreement form just the application form.. They have sent t& c's through but they have my current address on them that I only moved into 6 years ago, so are clearly not the originals.. they also differ to those returned from MBNA themselves.

SO.. can anyone tell me if the Application form is classed as the agreement .. and if so does it contain all the prescribed details to make it valid?

I have done a coverall defence.. As their claim is not particularised I am unable to make a full and proper defence.. putting them to strict proof and original copies.

Really I just want to avoid getting struck out on wednesday so I can bring everything into court at a hearing as their case is so messed up at the moment..

please post up answer to post 10. your reply to your cca request. From what you say they have not complied with your s78 request and s78(6) would apply. Seperately Notice of assignment not deed

just to further clarify, the letter from idem dated around 30/01/12, is your Notice of Assignment, that is all thats required, you will never see the deed. Your application form is part of your agreement, but you also require the t&cs and prescribed terms that link to this to form the full agreement

This agreement is from 1998

Could you point me in the direction of what prescribed terms are required, an example would be great.. I Have non and non have been provided

Should they be on the application form or a separate piece of paper.. This could be important for me

I do have some T&C's but the ones provided by Shoosmiths do not match those provided by The SAR I did on Idem! Surely the should match?

Is this important!

Jack

I suggest you have a read of the OFT Guidance on sections 77, 78 &79 of the CCA1974, and also Carey v HSBC. But it would help if you posted what t&cs you have been sent

Thanks guys managed stave off getting struck out in a summary judgement.

Thanks guys managed stave off getting struck out in a summary judgement.

I tried to defend on the fact the application/agreement was illegible.. The judge seemed to find that totally unimportant?? I asked him to read it and he started on the large title.. I asked him to read the small print and T& C's.. he could not but still said it was legible??

Then I pointed out that despite Idem claiming I had paid 8 amounts of £50 to them I had not.. I have never paid Idem a penny. They may some how have diverted a direct debit between me and MBNA to their account.. But I was true in what I said.. I have never paid Idem a penny nor paid any money to that account, and asked for receipts.

The judge agreed I could defend along those lines found costs for me and I await a hearing.

could someone have a look at these T&c's

Ok In court this Friday. I can not afford legal help

I took the MBNA International Credit card out on the 6/4/98. It was from a mail shot Priority application form. At the point of signing there were no Full T&C's, there may have been some on the reverse but there is nothing on the front of the document to indicate this.. in fact it says "fill in, sign, fold over and send back in the envelope provided. " I find this wrong because at that point you would have no terms to refer to. The terms and conditions provided in the witness statement are illegible and there are whole bits missing, Important bits ie, Paragraph 8: Credit Limit, Minimum Payment, Interest and other Charges... Para 9, is Interest Calculation.

The core conditions do cross reference to the missing pragraphs and para' 15 of the full conditions refers to para 8.8 of the full conditions which is missing.

I know this because I have the original Conditions that came with my card. So far I have not disclosed these to the other side, I need to know whether to use them in evidence or not? The core conditions I tracked down using the reference number.

They claim in the witness statement to have sent the default notice on the 6 June 2011. and have provided a DN letter saying so.

But in the SAR Communication log it is clear DN is sent on the 09 May 2011. This is backed up on another log 'memos for account' which states default notice expires 26 May Notice of default expires available for calling.

The agreement in the Claimants POC is between me and MBNA Europe bank. The Agreement is actually between me and MBNA International.

Are the Particulars of claim faulty? I couldnt't put all the T&C attachments on here so they are in the post underneath.

So I am after some help in providing a good defence on the above points.. I will put the NOD Attachments in the next POST underneath

Brains working please.. LOL

Regards Jack

These are the rest of the conditions including the clear fully particularised terms .

I have attached the Default Notice docs on here.

basically the MBNA DN letter is dated 06 June 2011. The Comms log dated 09/05/2011 shows the NOD sent on that date. (Notice of Default) at date.

The next log show it expiring and available to call some 14 days later on the 25th May 2011.

My reading of this situation is the MBNA Default letter is made up. How does this all affect me?

I am ok at finding faults in their evidence but crap at putting it together as a defence.. LOL

docs are now all in post1 & 3