Sorry if this sounds lame or stupid. if you have a debt that is SB then can a DCA issue a default on the account at anytime? So in effect the defaults never stop? I have lots of debts that are older than six years that seem to be sold on and I get new letters - can the new DCA plant a new default?

Hello, Please can someone give me some direction regarding the following claim MKDP LLP pursuing an MBNA Business Credit Card debt? I have filled out the pdf of questions required before a reply is received (see below.) The claim has been issued to the defendant as my previous business name (sole trader) not my name – it’s simply business name and my address not `Trading As’ or alike. Does this mean that the claim is invalid? Also does it still matter if the default notice is invalid (as mine is see attached?) Or can they simply issue a new one? The agreement is pre 2007. Do they still have to produce the original signed agreement? I have no way to pay this or even contribute a small amount monthly, just do not have the money anymore. Thank you and I have compiled a list to the pdf questions below. Claim is issued from the `County Court Business Centre?’ does this make a difference. Name of claimant - MKDP LLP Date of Issue – 01/05/2014 Claim Value – Circa £7000.00 POC – As follows; The Claimant claims the sum of £7000 being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and MBNA. The Defendants account number was XXXX and was assigned to the Claimant on XX 2010, notice of this has been provided to the claimant Defendant. The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of £7000 and costs. The Claimant has complied, as far as necessary, with the pre-action conduct practice direction. Value of claim £7000 (Circa) Claim is for business credit card – MBNA. No `Notice of assignment’ receive to my knowledge – still searching for it. Default Notice from original creditor is attached to this post. Is invalid from Dec' 2008. Not received “Notice of Default Sums” – again to my knowledge. Payments ceased due to child being born disabled – massive life change for us. No original dispute. NO DMP. I will send CCA1974 asap I did do this direct to MBNA on 10th March 2010 however I do not have the proof of postage and MBNA never replied. I will send CPR31.14 to MKDP. I will send a CPR Part 18 request. I will defend. Thank you for your help......

Do you understand the CCA 1974 and how it applies to utlility companies. If you do then great I appreciate some constructive help if not then why are you simply stating the obvious? Or are your simply trying to increase your post count?

Due process - by registering a default notice without following the correct procedure CCA 1974 then they have breached my statutory rights? They have caused damage to my credit rating by registering a default notice without giving me the correct period to remedy a breach. As such I seek damages. The amount I owe is relatively small as such I wiould expect them to write off the balance in tern I would make no complaint re the incorrect registartion of a default notice. Subject to the removal of the default notice...

I have received a letter from Scottish Power stating that they have registered a "default" on my credit file as I have not paid the outstanding balance. They have never sent me a default notice. They have simply registered the default as such am I within my rights to take them to a county court to have the default removed? Or could they simply issue a default notice now and back date it?

Please note that I am not taking the xxxiss out of anyone. I have genuinelyspent a great deal more time researching consumer credit law than I haveclaimed. I can see the errors in claiming twice- I have changed them. It takesa solicitor years of training to be able to compile and submit documents to acourt. I have only had the hours as stated to learn and complete documentscorrectly the first time. Something that causes me the most concern and I mean deep deep ANGER!!!! Isthat the other side stated that the costs for making this claim would be circa£10,000.00. Now am I missing something here that they would only have needed togo one step more being a court hearing then the case potentially could havebeen over. They would have requested costs being the £8-10K the judge wouldhave no questions asked awarded the costs and I would have been paying the billof £8-10k on a loan of £8k!!!!!!!!! WHY DO THEY NOT HAVE TO JUSTIFY THERECOSTS!! This to me seems like organized crime an ex solicitor sitting as ajudge awarding other solicitors costs of £8-10k when quite clearly an LIP issupposed to do it all for a few hundred pounds!! It’s simply wrong anotherpoint that the solicitors in my case stated on the AQ that they had spent approximately£500 on fees so far!!! Now how does this jump to £8-10k from the AQ stage tothe conclusion of the hearing! I will argue my case in a court and if they award me nothing then fine so beit. However I will make some noise about how they used the great big stickbeing a solicitors bill of £8-10K to make me fall into line and back down! I amso angry about this country and the old boys network shaftxxx all the goodpeople constantly IT MAKES ME SICK!

Please can someone tell me if they think that my claim for costs is unreasonable considering that the claim has been ongoing for the best part of two years- also that with no legal training and little IT skills I have spent a great deal of time reading. I know that my claim for costs does not cover the actual time, the actual time spent is significantly more. for example research of DN alone is over 60 plus hours and I have only claimed a general research. Please any thoughts would be fantastic. COVER NOTE TO ACCOMPANY FORM N252 B E T W E E N: XX -and- XXXX DEFENDANT’S BILL OF COSTS 1. On xXh September 2009 The Claimantcommenced proceedings in the Northampton CCBC (later transferred to the XXXXCounty Court) in relation to an alleged agreement regulated under The ConsumerCredit Act 1974.The Defendant filed a defence with the Court, and subsequentlycompleted and submitted an Allocation Questionnaire in compliance with theCourt’s directions. 2. On XXh May 2011 the Claimant servedNotice of Discontinuance of the whole of the claim. At all times during theproceedings, the Defendant was a Litigant in Person within the meaning ofLitigants in Person (Costs and Expenses) Act 1975. The time spent by theDefendant is charged at an hourly rate of £9.25. The nature of the case beingone of litigation required the Defendant to spend time in locating, assimilatingand examining the documents and other relevant papers which related to theproceedings which had been instigated by the Claimant. 3. The Defendant was obliged to spend time inidentifying, considering, considering and understanding numerous strands oflaw, including consumer credit law, the law of limitation and practice, as wellas Court guidance notes and procedures. This largely involved research throughthe internet as well as use of library facilities over a period of 20 months. 4. As a result of the research cited in 3 above and withadditional consultation of Mr John Pughs Chambers Liverpool , the Defendant wasable to spend time in drawing up a defence which ultimately resulted in theClaimant discontinuing their claim against me. Following the submission of thedefence, the Defendant completed the Allocation questionnaire in compliancewith the Court’s directions. 5. On receipt of the Notice of Discontinuance, theDefendant was further obliged to consider its effect upon the litigation, inthe light of the time lost in researching and preparing a statement in defenceof the futile claim. Furthermore, the Defendant considered his rights andobligations as a consequence of the Notice of Discontinuance. In particular,the Defendant considered the matter of costs and the relevant rules andpractice directions of the CPR in connection with detailed assessments of costsas applicable to Litigants in Person. 6. The following is a statement of the work done inthe course of the proceedings brought by the Claimant. Where there is a chargefor time spent, the amount of time recorded as spent represents the Defendantsfair estimate of the amount of time spent by him Claimed (£) a) Particulars of claim; 5 Hours = £46.25 b) Acknowledgement of Service; 4 Hours = £37.00 c) Defence; 10 Hours = £92.50 d) Allocation Questionnaire; 12 Hours = £111.00 e) Claimant's Notice of Discontinuance; 18 Hours = £166.50 f) Work Done Receiving and considering the Claim Formand Particulars of Claim 20 Hours = £185.00; g) Searching for and locating the papers and otherdocuments relating to the proceedings 8 Hours = £74.00; Acknowledgement ofService 4 Hours £37.00. h) Research regarding consumer credit law, law oflimitation law 60 Hours = £555.00 preparing Defence 20 Hours = £185.00. i) Preparing and submitting Allocation QuestionnaireAllocating Application Notice Above point D plus additional research - 6 hours£55.50. j) Consultations & emails with Mr John Pugh’s chambersLiverpool Fees £324.00 k) Receiving and considering Notice of Discontinuance18 Hours = £166.50 k) Research regarding CPR 38.6 and CPR 44.12 6 Hours =£55.50 l) Research regarding detailed assessment proceedingsand Litigants in Person 12 Hours = £111.00 m) Preparing bill of costs and notice of commencementof costs proceedings 14 Hours = £129.50 SummaryCosts payable by the Claimant£2331.25 Dated:Signed:

Thanks, I am not aware of this case and will do some research. I just wondered if I am out of time or if a judge will just say "no you took to long!"

Please can someone tell me how long after a claim has been discontinued can you still claim costs? I had a claim discontinued around two months ago am I to late to claim? Many Thanks - if anyone can help.

Just a note if anyone is interested I was told today that the Brandon case is up mid July so I had a look its been updated as follows; Case Reference: B2/2010/1463 Title: Ian Karl Robert Brandon v American Express Services Europe Ltd Type: Appeal Appeal/Application: from the order of His Honour Judge Roderick Denyer QC Bristol County Court dated 25-May-10 Hearing Status: Float on 12-Jul-11 or 13-Jul-11 Venue: London Constitution: LORD JUSTICE PILL LORD JUSTICE MOORE-BICK LORD JUSTICE GROSS

Bump Any thoughts...

Bump..

Hello, If anyone has time just want to bounce this idea off someone else. The other side have had all of there Draft Order Accepted by the judge in CC. Item one is to have an amended POC into the court by last week. They did not do it they have not sent a copy to me either. The judge has already given them a month extra to file the first AQ he then sent them an unless order! They did get it in. I'm thinking that as this has been ongoing since 2009 I may have a case to fax the judge today and state the above ie two years (best part) that they have again not complied with the court. They should not be allowed to amend POC and they are abusing the process. Apply to have the claim struck out. I might be talking rubbish as the judge may not strike something out on a missed deadline and by striking it out they would be allowed to re-issue DN and bring new case. I guess Im just thinking of a way to use this to my advantage ie if the judge said the deadline had passed to file amended POC then they would have to run with the original that refers to invalid DN. Which would make brining new claim more difficult. Any help would be great time is important on this if I'm going to gain any advantage from this.

I had to read this three times. I just find it so . In any other arena of law you simply would not get away with this when its CPR and CCA it seems as if the banks can do as they like. I feel so sorry for your friend. I would seek the advice of a legal expert to see if hes got enough grounds for an appeal.

Thanks S I am still trying to understand all that the Mould said and also trying to use some of the data from yours and Docmans posts. Lots to get my head around..Thanks for all your help.