It was the second anniversary of my sisters death. I wasn't capable of anything There was a gap between the last posts as I hadn't heard anything

I phoned the court, they sent me the paperwork to fill in. It was too much for me, I couldn't do it. It's the main amount which has changed, I think it was £27xx when they initially submitted the claim. Unless that included part of the costs.

I let everyone else know. I just hadn't even thought about these unfortunately. I've received the CCJ now. It's for £2663.71 plus costs of £210. I don't understand why the amount claimed for has changed.

I think I may have a problem and I hope someone can help me. All the paperwork was sent to my address, I split with my boyfriend and moved out. He has sent my post on when he has gotten around to it but as I hadn't heard anything from these since the end of November I didn't think anything further of it. Last week my ex posted some things through my door, one is from the court to say I haven't responded to a directions questionnaire, this is dated 19th March 2017. The other is from Kearns relating to their directions questionnaire, this is dated 27th Feb 2017 and references the directions order dated 19th Feb. I haven't had anything else, or it hasn't been passed to me. By the time I received the paperwork the date to return the questionnaire had passed. I'm not sure what to do next, the wording on the court papers say they will make a decision on the order. I don't think I was sent everything I asked for last year when I sent the letter you guys helped me write, if that helps me in anyway? Any advice would be appreciated. Thanks.

Hi all, Thank you for all your help so far. Just a quick update I emailed the defence to the address above - I got an auto reply saying that if my email was in response to a claim then I should send it to a different address - [email protected] I'm only mentioning this as I don't tend to read auto replies so it was lucky I did! I received an acknowledgement via post from the courts anyway, so my defence has been received. I have also received 'current MBNA Credit Card terms and conditions' These went to my parents address and that is the address which is on there. Not the address or name I used when I opened the account. Which I would have expected. I have also received a statement of account from Link. The date range is 04/02/2016-03/08/2016 the amount looks to be different to what they are claiming too. Do I just wait until I hear from the courts now about the next steps?

That's a relief, I was starting to panic and was trying to work out how early could get to the post office tomorrow! I will give it another go tomorrow, otherwise I will put it in an email. Thanks again

The online service isn't recognising either the claim number or the password I have been sent. Have I missed the deadline??

Oh great, thank you. I will get logged on tomorrow and submit. Thank you all for your help, I will let you know how I get on

Sorry, I didn't refresh before replying. Thanks for your reply. Should I have both 87.1 and 88 mentioned then?

Yes, sure. It won't let me log in right now anyway, I think I might have to phone them.

Thanks, I'm just trying to log in now but I'm struggling!

7C of my post above and post 13 from the link about have different clauses referenced. Does anyone know if it is 'show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA1974) ' or 'show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974' I have extended point 2, following the post in the link, this is where I am now. 1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced _____ and opened in march 2007. The agreement is regulated by the consumer credit Act 1974, was signed by the defendant and from which credit was extended to the defendant. 2.The defendant failed to make payment as required and by may 2013 a default was recorded. As at June 2013 the defendant owed MBNA the sum ____ 3.By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective June 2013 and made regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter. 1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have had financial dealings with MBNA in the past but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request. 3. Paragraph 2 is denied. I have not been served with a Default Notice pursuant to sec88 CCA1974 of The Consumer Credit Act 1974. 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 5. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974,by way of a section 78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s78 request 6.A further request made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim .The claimant has not complied 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA1974) show how the Defendant has reached the amount claimed for and; c) show how the Claimant has the legal right, either under statute or equity to issue a claim 7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Has anyone got anymore comments/suggestions/advice. I'm going to respond tonight.

Thanks for your replies, I will have a look at the thread you have linked to in the morning. Point 5 was from on here, I will have a look at my history and see if I can find the thread again, I've had lots of tabs open. Can the claimant claim the interest on the initial claim?

Sorry, I can't edit my post again. My credit file states Link Financial registered the default but my claim form states that the default was registered before the debt was assigned to link financial.

I wouldn't like to go to court but I could do it. I have had a look through some threads and found a similar situation to mine. 1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced _____ and opened in march 2007. The agreement is regulated by the consumer credit Act 1974, was signed by the defendant and from which credit was extended to the defendant. 2.The defendant failed to make payment as required and by may 2013 a default was recorded. As at June 2013 the defendant owed MBNA the sum ____ 3.By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective June 2013 and made regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter. 1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have had financial dealings with MBNA in the past. It is denied I have any knowledge of the above Claimant or if any alleged debt was assigned to them. 3. Paragraph 2 is denied. I have not been served with a Default Notice pursuant to the consumer credit Act 1974. 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 5. Paragraph 4 is denied. Section 69 interest is awarded at the discretion of the court and subject to the claimant's actions on complying with pre action protocol and cannot be added to the claim to inflate the alleged debt. Any alleged debt remains at £XXXX plus court fee and costs. 6. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974,by way of a section 78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s78 request A further request made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim .The claimant has not complied 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Can I use the above? The thread I found the information on was for a much larger amount but it was the most recent. Also, IDR doesn't seem to have a consumer credit licence. I found this guidance http://www.csa-uk.com/assets/documents/factsheets/format_and_content_of_standard_debt_collection_communication.pdf Page 14 1.3. Trading styles must not be in a name, title or style that is likely to mislead or confuse. All trading styles must be listed on the company’s consumer credit licence, in accordance with Section 24 of the Consumer Credit Act 1974. To use a trading name not listed on your licence would be an offence under the Act. The OFT’s Guidance on Misleading or Otherwise Undesirable Names outlines clearly what they consider constitutes a trading style in section 3.3 (and should therefore be present on the company’s DCA’s consumer credit licence). It should be noted that trading styles extend to domain names/website addresses. The IDR licence has lapsed and they aren't registered as a trading name under Link Financial. Finally, the credit card was originally taken out with Virgin, then taken over by MBNA, shouldn't I have received a notice of assignment back then also? Oh and I have just looked at my credit report on Clear score, it states 'you have had one default or repossession (Link Financial MBNA)' yet doesn't show when the default was recorded as no information is shoing under 'accounts' for that card. Thanks for all your help