No there is nothing to stop an assignment at any stage ...during or after a dispute or issue of a Default Notice.(during time allowed time allowed rectify any breach)

so I take that out then?

Do you mean to you Andy or add to the Defence?

Anyhoo, the DN was dated 9th and posted 2nd class remedy date was given as 26th - however, the alledged debt was sold on on the 19th. I assumed (hopefully correctly) that that is unlawful and therfore the assertion above - am I correct?

Slightly changed from my original where I suppose I gave too much info.... keep powder dry as discussed by you in previous threads.

Defence:

1. Paragraph 1 is admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with the MBNA Europe Bank Limited. Notwithstanding, it is also accepted that the agreement was unlawfully rescinded by the Original Creditor before any lawful Assignment.

2. Paragraph 2 is admitted but it is denied that MBNA ever served a Default Notice 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 equity to issue a claim;

4. Incorporated within the sum demanded by the Claimant are sums claimed for administration 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 sums lost by the Claimant by reason of late payment. The Defendant avers that the incorporation 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

I believe that the facts stated in this defence are true

How does that look please?

Thanks Andy, you are a star.

I will take your comments into account and tweek my attempt - then post up.

Thanks for the welcome, I have been a member since 09 and in the early days the guys really helped.

Like you I have done a lot of the work myself gleaning info from the various posts and then asked for clarification - I guess the guys on here appreciate people who try and it's easier to pare down something that has been put together rather starting from scratch.

Your story has given me a lot of confidence and I look forward to your success.

Cheers

Hi Alloyz, I have a case almost identical to this (quell suprise) although I am at the defence stage with mine - will keep an eye out to see how you get on.

PS, I have the bones of the defence sorted is it worthwhile posting on here before the above post is answered??

Not particularly BT just keep an eye on your time line now and update your thread if anything further transpires.

 

Regards

 

Andy

Hi Andy, something has transpired as I have been putting my defence together and researching the paperwork therefore I could do with some guidance please.

The date on the POC for the agreement, supposedly signed by me on the said date, is at odds with two previous application forms received from the claimant, indeed the one supplied under my recent CPR is not my signature (although it looks like it has been attempted!!) and the date is different from the other two by 6 days.

The POC says I "failed to meet requests for payment" however, I was within my rights to withhold payments whilst account in dispute.

Furthermore MBNA sold it before the time given by default notice to remedy elapsed. (dated 9th remedy by 26th! 3 days for second class =12th giving me 14 days however 7 days later sold) My copy of the DN and the one supplied under CPR are different in the layout and header - although the wording is the same.

The amount claimed increased due to default charges added by MBNA even though the account was in dispute..... so how do I answer the wrong amount?

Sorry for so many questions.

Thanks for the thumbs up Andy, do you or any of the fine Cagers on here

need sight of any other info??

Hi Andy hope this version is ok

[ATTACH]44503[/ATTACH]

Thanks Andy, I thought I had removed it it but looks like I converted the wrong version. I still see it on my earlier post though - is it blocked from other people?

Will redo and repost in the next post.

Cheers

Hi guys, I have 11 days till my defence has to be in - any views on my post above with the CCA and Claim particulars please?

I am not in a panic but not sure hong long a defence takes to put together and don't want to be late with its submission,

Cheers

Thanks DX apreciate your quick response.

Hello again,

whilst awaiting your thoughts on the above

- would like your advice on the following please...

.. just had the second letter through from DLC with "Notice of Default Sums".

The first dated May 13 was for £100 for "Litigation Cost"(Debtor) and

the second today dated June 13 for a further £30 for "Litigation Cost"(Debtor)!

Can anyone explain why and if these sums are allowed whilst the account is in the position it is at the moment?

If not how should I answer them

- if at all?

Thanks as usual for any and all help.

Hi Guys hope these are what you were refering to.

Thanks again

[ATTACH]44430[/ATTACH]

[ATTACH]44431[/ATTACH]

:-DThanks DX will do. Appreciate the support on here.

Hi andyorch, thanks for getting back so soon.

By CCA do you mean the credit card application which they sent? I will scan in both in the morning for comment.

The agreement started Feb 05

Thanks again

Hi, I need a bit of help with my defence for a claim received from Aplins via Hillesden/DLC.

A long story and I'm not sure how much you need to know but in brief:

2009 CCAd MBNA for sight of original agreement for a credit card I had with them

and despite them not supplying anything,

and following the timelines in the CCA putting them into dispute,

they continued to use various companies to try and get me to pay my account but sent nothing.

Eventually, they defaulted on me and then sold on the debt to Hillesden/DLC without ever satisfying my CCA request.

Since then I have had an on off relationship with DLC

- them writing to me threatening to take legal action against me for the Financial Facilities I had with them

and me saying I owed them nothing and asking for proof of debt etc,

all after reading advice discussed on this forum, in cases similar to my own.

This for the last couple of years with months of inaction in between.

All I have ever received is a poor photocopy of an application form and sets of T&Cs that they have assured me would have been in force at the time

- although no dates on them to verify that!

I refused to pay them and eventually I received the claim from The Northampton bulk centre.

I have already acknowledged service in the 14 days,

declared my intention to defend in full

and CPR'd Aplins for the docs they intend to rely on in the action.

Today an envelope from DLC dropped through the door with the same docs that they have sent many times before

with a letter saying they have fulfilled my CPR 31 request

- pay up or we will see you in court.

This is quicker than I assumed from reading other posts but hey ho time to start putting together my defence.

What info is needed to help with this please.

First time in Court and although I am not too concerned

I would like to have all my ducks in a row so to speak.

Just re read this and realised it may not appear that brief - sorry!

Hi Shiny, Citi bought Egg some time ago (and are now trying to get rid of it!) so they are correct on that point at least!

bt

Ok - have sent off "disgusted" letter to Fred but another from them with my CCA details arrived yesterday

It is similar to, but not an exact match for the supposed "original" received from Egg in July 09.

I will attempt to post up the CCA dated early 06 tomorrow and would appreciate any thoughts re whether it is enforceable...

Thanks for all the replies so far - really appreciate it

I will send a letter complaining that they have sent me someones private and sensitive info and I am reporting them to the ICO.

Thanks guys

Wow - that was quick thanks to Pinky and Cerber.... I will follow that advice.

Do I need to send anything back to Fred re this??? Having read many threads on the forums re Fred - the next step is likely to be movement from Bryan Carter starting legal proceedings and I would prefer to pre-empt that if possible

ta

Hi Caggers, I have two CCs (one MBNA and one Egg) that were being handled by Kubic/Frank Gellar before he dissapeared with money from many people (see threads elsewhere )

Fredrikson are the 3rd or 4th DCA used by Egg and having read many threads on the forum that contain excellent information, I recently sent them a "bemused" response and they replied today with details for someone else with the same surname but different first names and living in a different part of the country! Worryingly including signatures and Bank details from a direct debit form!!

I am wondering what the appropriate response would be - I am not that concerned that he may have been sent my details because mine was an electronic application so all he could get would be a ropey CCA with an x on it.

My thoughts are to go down a breach of data protection,report them to information comissioner/egg etc but would take any thoughts from more learned caggers.

TY

I got a letter from Frank too - how nice of him to give up the directorship when things go wrong!!!

Hi everyone, have spent the last few hours reading through this thread - well £1800 was paid to FG last March and although I have had success with one cc (having no original agreement) two others are still live:mad: It seems difficult to know who to trust on here so have decided to go for it myself following the excellent advice from the different threads on the site. It's late but can't sleep at the moment due to the worry... oh well I will start new threads for the other cards tomorrow....