need some help as have now got to the court stage. The story goes as follows: the end of 2008 and beginning of 2009 suffered real financial hardships due to being self employed, business nearly went under so in February 2009 stopped paying my credit cards which is 3 in number. One company was understanding, 2 were not, MBNA being the worst.
Reading around and getting advice from this forum I sent off CCA requests and got them back with no prescribed terms. The MBNA account which is what I am concentrating on here then sold the account to Varde/Experto in the October of 2009, I SAR requested MBNA and got all of this back, including Comms log and now have in my possession when this was sold which was October 2009 - no default notice was ever issued to me until January 2010! I had the usual like many people on here of letter "ping pong" with Experto.
I accepted by letter, MBNA's unlawful rescission in February 2010, I sent a letter to Experto to this affect which was totally ignored by them and then received the usual threatening letters and phone calls (which does not bother me in the slightest as I am more than capable of handling this).
This has now been taken to the court stage and I received the claim form on Thursday of this week, issue date 19/09/2011 - I acknowledged this on-line the same day as receiving it that I intend to defend.
Particulars of claim
"The claimant is the Assignee of a debt(s) from MBNA Europe Bank Limited. Notice of the Assignment was provided to the Defendant by the Claimant in writing. Despite demand for payment the assigned debt(s) remains due. The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct.
And the Claimant Claims:
Credit Card Account number: xxxxxxxxxxxxxxxx
balance of £xxxxxxxx as of 30/9/2009. Interest under s69 of the County Court Act 1984 at the rate of 8% a year from the Default Date(s) 19/9/11 of 173.10 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 3.25 AND Costs."
I would really appreciate any help or advice how to defend this, I personally am of the opinion that I was never given a default notice before this debt was sold so this should be my defence.
Regards and thank you