Thank you DX, will do. Any thoughts on taking their offer of a Tomlin Order? I’ve toted up and if I had of accepted (probably too late now) I would have had to pay Back £16k over 101 months, if I lose the estimate 4K costs on top of the 21k they’re looking for. They are also pointing to no enforced repayment by MBNA until they issued a default notice on 5th October 2011 making the 25th October the date at which SB can be applied and they believe the court will uphold this. I on the other hand will point out the date the debt was assigned to them and how unfair accruing nearly six years of interest before seeking legal action. Thanks you for your advice and help. OMH

Hi all, I have a slight problem that I could use some urgent help with. I have received today in the post a letter from the courts stating that I had failed to complete a Notice of Proposed Allocations to Track questionnaire. Apparently I have 7 days from today to comply with the CCBC. Firstly I never received such a document from the court, I did however receive a copy of the claimants instructions, which I didn’t fully understand and believed i was just now waiting for a hearing date, didn’t appreciate I was expected to complete an identical form. I have downloaded a copy of a directions questionnaire today from the justice.gov site. I could use a little help completing it if that’s possible? I should also point out on the first of February I received a letter from Kearns offering me a settlement payment of £150 per month with 10% discount on the overall claim if I was prepared to sign a Tomlin Agreement, I chose to ignore that letter on the basis that I have very little to loose if it went to court and I lost, I would probably offer that amount monthly to settle anyway, just with added costs. I must be honest I’ve not heard from them since September and I had almost believed they had given up as in another 3 weeks it will have been 7 years since my last payment to MBNA. They are still refusing to accept my defence of Statute Barred. I guess we’ll know over the next few weeks. I don’t suppose any of you talented people believe I should have taken the Tomlin Agreement by any chance? As always, many thanks for you much appreciated assistance. Off My Head

Hi, I have received a parking notice stuck to the windscreen after parking in a disabled bay at the hotel I was saying in on the 14th December. The car park was full at the time and there is no on road parking locally. I had four colleagues in the car also staying at the hotel and at check in we informed the receptionist of our problem with parking and she said as the 12 disabled bay were free we were OK to park there and to leave a note on the windscreen to that effect on hotel headed paper. Needless to say in the morning the vehicle was ticketed and the remaining Disabled Bay were still free! I am prepared to appeal the ticket but know from reading the posts on here that this will probably be a waste of time. Do you have a standard template that details there was no loss of money or inconvenience caused to other hotel users that might be worth sending to disappear or should I wait to receive more threats. The only complication that I can see is that I have a leased company vehicle which is also being hired from Thrifty as my new car is on order after the lease company wrote off my last vehicle. I suspect that if they write to Thrifty as the registered keeper that they will pay the notice and add costs which would be passed on to the lease company and eventually through to me. I could do with a letter that suggests they should drop the matter as I am prepared to fight the charge. Any advice would be very much appreciated. Regards OMH

Thanks Chaps, Very much appreciated. OMH

Hi Team, Update: I received a package of reconstituted stuff and internet application along with a letter asking me to withdraw my defence on the 14th July, I chose to ignore it and await the hearing date. I have today (2 months later) received the attached letter. I would welcome your thoughts and advice on how best to proceed? Ignore and see what happens or write and politely tell them to do one, as I will fight on grounds of SB, unfair interest charges and in dispute when sold? I should point out that their Client (Link) have not made any attempts to contact me since purchasing this debt regardless of what they are stating in their attached letter. Regards OMH Kearns.pdf

Morning guys, I have spoken to the Court this morning who have confirmed they have received my defence which has been logged and sent to Kearns. Hopefully they drop it, if not await allocation to local Courts. I will keep you all posted on any update, but for now it's a waiting game. Thanks for your continued advice and support. OMH

Hi DX, Yes thank you: [email protected] Unless this is wrong should be good for submitting defence. OMH

Hi Andy, I cannot thank you enough, What a defence!! I would not have known where to start with that, you sir are a genius!! my MCOL logging is not working for some reason, even after resetting password, I have spoken with the court who have suggested emailing today before 4pm they can confirm receipt tomorrow. The defence claim is due on Monday according to the court and emailed defence claims can be received on the day up to 4pm. I believe I will copy into a word document and submit an attached PDF today if you are in agreement. What ever the outcome (long way to go yet) I will always be grateful for your help and support. OMH

Hi Andy, I pleased that I have been able with my case to offer a different approach and I certainly cannot thank you guys enough for all your help over the years. If this does get to court I will be better able to fight the Ninja Assassin of a local solicitor they have attend. First time round I never expected him to be so vicious or the DJ to be so uninterested in my attempt at applying reason and logic. The sod thanked me for being honest..... lessons learnt! I look forward to receiving whatever you manage to draft Andy and thank you all for your help and guidance on this wonderful site. OMH

Gentleman, Thank you for al the advice. In essence continue defence based on putting them to strict proof and non compliance along with a hint of possible SB? Do you think it might be worth issuing a standard CAG Template SB letter to the solicitor with the slim chance it will put them off? It does seem that documentation on their part could be sketchy to say the least. Dates/timeline are also a little suspect. Your thoughts as always welcomed OMH

Andy/DX, Question: is it SB technically or not (technically) either way is this not a better defence than just demanding they prove the debt? if I write to Kearns telling them it's SB might they drop the claim anyway? Surely with this pond life they are looking for me to roll over not put up a fight? Last time I got involved with this over MKLDP the judge ruled on argument on the day and settled for probability that I owed MKLDP/BC. My submitted defence barley came into it. One way or the other chaps, assume I know nothing and you guys know your way around the system, SB or not to SB that is the question? As always your help and advise is gratefully received, OMH

Link did however did cash the postal order and applied the £1.00 fee to my account even though I had expressly asked them not to in my covering letter.

Never received a reply from Link or MNBA

Guys, I have no knowledge of receiving a default notice from MBNA. I remember many a telephone call with them when I raised the issue of my redundancy with them. Their immediate action before any talk of default was to stop the account. I honestly can not remember receiving a written default notice, I received regular year statements from link which I ignored and never acknowledged.

OK Chaps, Not sure this changes the game plan? I have just confirmed with MBNA that my last payment date was 30 March 2011 I have never acknowledged this debt with the assignee other than to request SAR. If I am right this debt IS in fact Statute Barred as of the 30th March 2017? Fingers and toes crossed that you agree. OMH

Hi DX So is it Statute Barred if last payment to MBNA was over six years ago, not from date of assignment?

Thank you Andy, Once again I thought I was on the money with that defence, just shows how much you guys are needed and appreciated. As I have less time than I thought to get this in I am getting a little panicked and might be clutching at straws with this next attempt. In the Northampton (CCBC) County Court Claim number xxxxx Between IDR Finance UK Limited and XXXXX – Defendant [/color] [/COLOParticulars of Claim for reference only 1.The claimant claims the whole of the outstanding Balance due and payable under an agreement referenced 412XXXXXXXX and opened effective from 12/12/2007. 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 30/11/2011 a default was recorded. 3.As at 29/02/2012 the Defendant owed MBNAicon Limited the sum of £14,094.67 by an agreement in writing the benefit of debt has been legally assigned to the Claimant effective 29/02/2012 and made regular upon the Claimant serving Notice of Assignment up the Defendant shortly thereafter. 4. And the Claimant claims - 1.£14,194.67 2 .Interest pursuant to Section 69 county courticon Act (1984) at a rate of 8% per Annum from 29/02/2012 to 06/06/2017 of £5720.54 and thereafter at a daily rat of £2.98 to date of judgment or sooner payment. Date 06/06/2017R] DEFENCE 1. I, xxxx am The Defendant in this action and make the following statement as my defence to the claim made by IDR Finance UK Limited 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in The Claimant’s Particulars of Claim and put The Claimant to strict proof thereof. [3. 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. 4. The Defendant is unaware of any legal assignment the claimant refers to within its particulars and denies the notice was served pursuant to the Law of Property Act 1925. 4. On receipt of this claim the Defendant requested information pertaining to this claim from Kearns Solicitors by way of a CPR 31.14. This request was signed for by the Solicitors on 14th June 2017 Kearns acknowledged receipt but have yet to supply the requested documentation supporting this claim. (Please see attached letter) 5. The Defendant requested information pertaining to this from IDR Finance UK Ltd by way of a Section 77/78 request. This request was signed for by the Claimant on 14th June 2017. To date I have yet to receive a response complying with the request. 6. As a result , the Claimants claim does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim. 7. Therefore with the court’s permission the Claimant is put to strict proof to: (1) Show and disclose how the Defendant has entered into an agreement; and (2) Show and disclose how the Claimant has reached the amount claimed for; (3) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 8. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 9. On the alternative, if 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. 10. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.to the relief claimed or any relief. Statement of truth I believe the facts stated in this defence is true

Hi DX, What would knowing last payment date form MBNA achieve? Apologies if this is an obvious question. OMH

Hi Andy Here goes: [old embarrassed defence template removed - dx]

Hi Team, I have to submit my defence by the 10th of July and I am about ready to do that. In the meantime I have received this letter from Kearns whilst away on business for 10 days (PDF attached) replying to my CPR 31.14 request. I presume it means very little and that I still need to submit my defence, which will be based on them not submitting the required documents in time. Question: Should I continue with current defence (Prove I owe it) to be posted tomorrow on here for your approval. or should I sit tight and wait to see what if anything turns up. I have not had any acknowledgement from IDR Finance to my s.78 request. Kearns Letter.pdf

Hi Andyorch, Sorry I missed that question, it would have been July/August 2011. I was made redundant in the May 2011, tried to keep up for a couple of months but all the creditors I spoke to at that time just instantly pulled the plug! Does this date make a difference to their claim? Regards OMH

Thank you, will get on to those now and have them sent off today. I'm ready for another fight, after doing this 3 years ago I don't find the process so scary! I lost last time, but that wasn't too bad an outcome, I won't make the same naïve mistakes again. Thank you again for your help and advice. OMH

Hi CAG Team, Name of Claimant: IDR Finance UK Ltd Claim Date: 07 June 2017 What is the claim for: 1.The claimant claims the whole of the outstanding Balance due and payable under an agreement referenced 412XXXXXXXX and opened effective from 12/12/2007. 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 30/11/2011 a default was recorded. 3.As at 29/02/2012 the Defendant owed MBNA Limited the sum of £14,094.67 by an agreement in writing the benefit of debt has been legally assigned to the Claimant effective 29/02/2012 and made regular upon the Claimant serving Notice of Assignment up the Defendant shortly thereafter. 4. And the Claimant claims - 1.£14,194.67 2 .Interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per Annum from 29/02/2012 to 06/06/2017 of £5720.54 and thereafter at a daily rat of £2.98 to date of judgment or sooner payment. Date 06/06/2017 What is the value of the claim: £20,806.89 Has the claimant included section 69 interest: Yes Is the claim for: Credit Card When did you enter into agreement: December 2007 Who has issued the claim: Debt purchaser Were you aware the account had been assigned: Yes Have you been receiving statutory notices: Yearly Statement of Account from Link Financial Why did you cease payments: Made redundant at the time, debts spiralled out of control What was the date of your last payment? July/August 2011 Was there a dispute with the original creditor that remains unresolved: Yes, charges and PPI Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan: Yes, cancelled card immediately and started the process to sell my debt. What I need to do: Requested CCA from Link in 2012, no response but credited fee to my account. Request CPR 31.14 from Kearns. Respond to claim online mark "I intend to defend all of this claim" Unfortunately I find myself calling on your services once again. A couple of years ago I had a fight and lost against MKDP LLP -BC. It was far from the end of the world and without going into detail has all but gone away now. I have today received a claim out of the blue from Kearns acting for Link on an old MBNA Credit Card that was fast approaching SB (8 months) Like most posts regarding Link I received a statement of account once a year which I chose to ignore. In the early days they used aggressive telephone tactics but that didn't phase me and it soon became this yearly statement and nothing more, until today. As always your assistance with defending this claim would be much appreciated. OMH Kearns MBNA Claim.pdf

Thanks Andy, You were a great help and on refection I wouldn't change how I conducted myself.... It was the luck of the draw on the day with the Judge..... Nothing you guys or I could do about that! Anybody in the same position as me following this thread..... DON'T BE PUT OFF BY MY OUTCOME!! I am down but not out. Take the fight to them and keep smiling All the very best to everyone who contributed to this thread. The best of luck to anyone about to take them on. I'll keep watch OMH

Hi All, Today was not to be my day, the Judge ruled in favour of MKDP! It was a good fight but the judge was not having any of my argument, in his opening statement he said he would be ruling on probability and he was not having anything I argued about CCA 1974, poor reconstructed agreements or any argument I put up on Carey vs HSBC. The agent acting on behalf of MKDP was a legal Ninja and did a great job of making me look poorly prepared for the jousting we were about to do. After the hearing he commented that I put up a good fight but just lacked enough hard evidence to persuade the judge. I felt I was prepared for the legal fight and the knowledge on consumer law gained from all your help on this site, I was not prepared for how well their agent would make me look incompetent with my finances and to be fair he probably had a point! My advise for what it's worth is question your own evidence. Example: Although I had bank statements showing I had made payments to Mercers/Barclaycard the statements did not show an account number so who was to say the payments were for the Barclaycard I was being sued for? The agent just said it was for another card and that's why the payments were not shown on the account and the judge bought that argument. I summed up quoting all relevant sections of CCA 1974 and mentioned unenforceable debt ect to no avail. In his sum up and judgement he ruled that in all probability I did have the said card and debt and there was not enough evidence to support my claim.... Game Over. I did score a few points which he mentioned and he praised me on my honesty and the way I conducted myself in court..... Still lost. I took the view better to be honest rather than dig holes with lies... not sure if that was the best policy, maybe I should have just said, "not my card, prove it" and shut the hell up! OK, now the positives "my world has not ended" The judge and MKDP accepted my miserly offer after one phone call and I will, if I am honest, hardly miss the payment every month, If I had continued paying the card issuer I would still be paying double in interest every month, they already destroyed my credit rating 2 years ago so to hell with the CCJ. I will probably sell a few bits and bobs and give it 18 months and offer them half for full and final settlement, see where that gets me! Thank you all for the great advice I received from this site, I would not have lasted 30 seconds in court without it. We battled for a solid 2 hours and I feel I held my own on a good part of the argument. I think the Judge had already decided I was guilty in the way he instructed (didn't feel right at the time) their agent was extremely professional and I secretly admired the way he tore into me and put their case. Would I have rolled over day one if I had known today's outcome? Hell,No!!! My fight caused them a shed load of work. Everybody should take them on, win or lose! Morally their win is disgusting buying bad debt at a fraction of it's value then claiming the full amount! Yes I lost but in the end I believe I have won. Paying less, putting it behind me, came out fighting, learnt a hell of a lot, will not make the same mistakes again! What doesn't kill me makes me stronger! God bless you all, keep fighting! Off MY Head signing off.... for now OMH