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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

BT2505

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Everything posted by BT2505

  1. BT2505
    Hi all, just a quick update. I have received nothing at all from them or the court - no news is good news I guess??
  2. BT2505
    I thought that if they don't decide to proceed within 28 days of receiving my defence then the case would be stayed?? is that not the case?
  3. BT2505
    Keep the faith Alloyz someone will be along to help.
  4. BT2505
    Nothing to report - over 28 days since defence was submitted.
  5. BT2505
    Hi Smug, thanks for the wishes, no news yet.....no news is good news in my opinion! I know they have up to 28 days to decide whether to proceed or not before it gets stayed so not counting chickens at the moment. However it will be interesting to see how they explain my "signature" being not of my handwriting if they decide to go forward with it:wink:!
  6. BT2505
    Ok thanks Andy for all your help. I will keep in touch with updates when and if they happen.
  7. BT2505
    Well, now we wait - I have entered my defence online - am I right that they will contact the claimant with a copy of the defence or should I email Aplins with a copy
  8. BT2505
    oops sorry Andy - thanks again
  9. BT2505
    no it was MBNA
  10. BT2505
    Andy just checking, my original requests were sent to Virgin as they had issued the card - does that matter?
  11. BT2505
    ok thanks:-D
  12. BT2505
    Wow thanks so much for the help Andy - that is amazing. will check and if necessary ask questions but all looks good from my end.
  13. BT2505
    Andy, no need to apologise, I was just getting a bit twitchy. I am available all Monday am so will keep watching and waiting to see what your tweeks are to my bare bones defence. Thanks again
  14. BT2505
    Hi Guys, I know Andy is busy (and has his own life!) and I am very grateful for the help so far - however, my defence is due Monday 24th and because of the lack of time to post it by snail mail, I will need to enter the defence via MCOL (hope its working) either over the weekend or Monday at latest. Assuming I can do it on Monday and not it has to there by Monday..... Should I hold my nerve and wait for Andy's welcome input or put in the defence online before Monday. Any help gratefully received.
  15. BT2505
    bump
  16. BT2505
    Hi Andy Ok, looking back through paperwork here are the dates. I wrote to Hillesden 28th May 2010 asking why they refered to MBNA as their client since they aquired the debt in Nov 09 - they replied 12 July 2010 with app form dated 10 Feb 05 with my sig, T&Cs and some statements. I wrote to Aplins 5th April 2012 (in response to LBA dated 30 March 2012) they replied 19th April 2012 with app form dated 10 Feb 05 with my sig, T&Cs and some statements. I wrote to Hillesden 23rd March 2012 they replied 2nd April 2012 with app form dated 10 Feb 05 with my sig, T&Cs and copy of DN. I wrote to Aplins 05 Jun 2013 with CPR 31.14 request - Hillesdens replied 7th June 2013 with app form dated 16 Feb 05 with an attempt @ my sig, T&Cs, DN and "Key pages of Debt Sale agreement made between MBNA Europe Bank Ltd and Hillesden Securities Ltd dated 23 Dec 2008" The MBNA "Signature" on the 1st 3 all appear in the same position and they all have what looks like an internal stamp date of 15 02 05 and the tick boxes have identical ticks in them. the MBNA "Signature" on the final on - post CPR - is in a different position, the ticks are different lengths (ie longer) and the date stamp is 22 02 05. The date next to "my" signature also look like it may have been written by someone else imho. Looking forward to your thoughts.
  17. BT2505
    As you would expect - I like the sound of that Andy Defence is due on the 24th June if my calcs are right. Issued 22nd May?? Will dig out dates and post up - thanks for your support....I really appreciate it:hail:
  18. BT2505
    Andy All from DLC/Hillesden - never got any response from MBNA although I know that is not uncommon. So any alterations have come from them imo. I will have to look through the paperwork to get dates. Don't think we can trace who did it though as I have a series of letters from different team leaders all with the same signature?? Give me a few minutes and I will check dates of application forms and T&Cs received in response to my requests for agreement paperwork.
  19. BT2505
    Andy you are amazing - working like a Demon on quite a few posts in this forum I can see! There are 3 application forms with my sig and date of 10th Feb 05 and one with an attempted sig and the 16th Feb 05:!:
  20. BT2505
    ps just found another app form with a date different from above so three with same date one (CPR) with above date. Also looks like all different T&Cs
  21. BT2505
    Hi Andy, as requested the POC are as follows Verbatim: The Claimant's Claim is in respect of a credit facility, xxxxxxxxxxxx provided by MBNA at the Defendant's request on 16/02/2005. Failure to meet requests for payment resulted in the account being defaulted. On 28/11/2009, all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd. The Defendant was duly notified in writing of the assignment and that a balance of 16632.21 was due. The balance of 16632.21 remains owing from the Defendant.
  22. BT2505
    Sorry Andy, I thought the general rule was to remove the personal details so people "watching" couldn't put 2 + 2 together!
  23. BT2505
    Hi Andy, the POC are as follows: The Claimant's Claim is in respect of a credit facility, xxxxxxxxxxxxxx,provided by MBNA at the Defendant's request on xx/xx/xxxx. Failure to meetrequests for payment resulted in the account being defaulted. On xx/xx/xxxx,all legal and beneficial interest for the monies was assigned to HillesdenSecurities Ltd. The Defendant was duly notified in writing of the assignmentand that a balance of £xxxxx.xx was due. The balance of £xxxxx.xx remains owingfrom the Defendant. Left out dates and amount for anonymity but(obviously) I will supply if required. TIA:-D
  24. BT2505
    So defence looks likey this then?? Defence: 1. Paragraph 1 is admitted with regards to the Defendant entering in to anAgreement referred to in the Particulars of Claim ('the Agreement') with the MBNA Europe Bank Limited. 2. Paragraph 2 is admitted but it is denied that MBNA ever served a DefaultNotice pursuant to the CCA1974. 3. Paragraph 3 is admitted regarding the Notice of Assignment. The Claimant isput to strict proof to: (a) show service of a valid Default Notice and proof of delivery (b) show how the Claimant has legal right by way of the Credit ConsumerAgreement and Terms and conditions applicable © show how the Claimant has the legal right, either under statute or equityto issue a claim; 4. Incorporated within the sum demanded by the Claimant are sums claimed foradministration fees, late payment charges and like provisions. It is denied (ifit be alleged) that the Claimant has incurred any such fees and charges,alternatively that such fees and charges if incurred accurately represent sumslost by the Claimant by reason of late payment. The Defendant avers that theincorporation of such claims is penal and unenforceable at law. 5. By reason of the facts and matters set out above, it is denied that theClaimant is entitled to the relief claimed or any relief. Statement of Truth
  25. BT2505
    Thanks goodness someone has a clue what is supposed to happen - I don't!

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