loci
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Link/Kearns Claimform - MBNA Caredit Card 'debt' - prob sb'd?
loci replied to loci's topic in Financial Legal Issues
all done and once again, thank you VERY much!! I'll let you know any update but have a wonderful christmas! -
Link/Kearns Claimform - MBNA Caredit Card 'debt' - prob sb'd?
loci replied to loci's topic in Financial Legal Issues
So this... 1 The Claimant's claim was issued on 24/11/2015. 2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £10,984.35 or any other sum, or relief of any kind is denied. Thanks -
Link/Kearns Claimform - MBNA Caredit Card 'debt' - prob sb'd?
loci replied to loci's topic in Financial Legal Issues
Yes eventually ha dx. I'm a nurse so work odd shifts sorry for being so slow! I've not filed the defence yet on mco- just stated I'm going to be defending it. I'm not really sure of the wording I should use. I've not don't the cca request which I know will weaken my case a bit. -
Link/Kearns Claimform - MBNA Caredit Card 'debt' - prob sb'd?
loci replied to loci's topic in Financial Legal Issues
Name of the Claimant link financial Date of issue – 24/11/2015 Date to submit defence = 26/12/2015 (33 days in total) - What is the claim for – 1.The claimant claims the whole of the outstanding balance due and payable under an agreement referenced opened effective from 11/08/1995. The agreement is regularted by CCA 1974 whch was signed by defendant and from which credit was extended to defendant. by an agreement in writing the benefit of the debt has been legally assigned to the claimed effective 19/06/08 and made regular upon the claimant service a notice of assignment on the defendant shortly thereafter. 2.failed to make payment as required and by 31/5/08 a default was added and as of 19/8/08 I owed mbna £663749 (there's not . but I assume its supposed to be £6,637.49 otherwise I am in trouble!!) 3.And claimant claims 1. 673749 2. interest pursuant to section 69 county courticon act (1984( at a rate of 8% per annum from 19/6/2008 to 23/11/2015 of 377816 and thereafter at a daily rate of 140 to date of judgement or sooner. What is the value of the claim? 10,984.35 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card When did you enter into the original agreement before or after 2007? 1995 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Link Were you aware the account had been assigned – did you receive a Notice of Assignment? I knew they were chasing but can't remember having a letter of assignment, that doesn't mean I didn't Did you receive a Default Notice from the original creditor? think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not that i'm aware Why did you cease payments? at the time i wasn't aware there were payments to be made, it was an ex husband who ran it up and was hiding it. then a case of head in the sand What was the date of your last payment? april 2008 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? no -
Link/Kearns Claimform - MBNA Caredit Card 'debt' - prob sb'd?
loci replied to loci's topic in Financial Legal Issues
Oh got you, ok it's LINK FINANCIAL -
Link/Kearns Claimform - MBNA Caredit Card 'debt' - prob sb'd?
loci replied to loci's topic in Financial Legal Issues
The claimant is Kearns solicitors -
Link/Kearns Claimform - MBNA Caredit Card 'debt' - prob sb'd?
loci replied to loci's topic in Financial Legal Issues
Yeah sure, when I get back I'll get the letter out. Thanks all for your help! REALLY appreciate it -
Link/Kearns Claimform - MBNA Caredit Card 'debt' - prob sb'd?
loci replied to loci's topic in Financial Legal Issues
Hi Sorry it's taken me so long! Yes it is correct... -
Link/Kearns Claimform - MBNA Caredit Card 'debt' - prob sb'd?
loci replied to loci's topic in Financial Legal Issues
hey, yes I did it online so I've all the information. If it is statute barred what do I do then? Thanking you Ps yes very glad I've found you!! Time to get my finances in check I think! -
Link/Kearns Claimform - MBNA Caredit Card 'debt' - prob sb'd?
loci replied to loci's topic in Financial Legal Issues
OK I've just filled in the claim form and stated that I'm defending the judgement... So I have 28 days. -
Link/Kearns Claimform - MBNA Caredit Card 'debt' - prob sb'd?
loci replied to loci's topic in Financial Legal Issues
ok i'll do that first! Thank you!!!! -
Link/Kearns Claimform - MBNA Caredit Card 'debt' - prob sb'd?
loci replied to loci's topic in Financial Legal Issues
How would I find that out? Would downloading my ccredit report help? I'm pretty positive that no payment has been made since 2008 -
Link/Kearns Claimform - MBNA Caredit Card 'debt' - prob sb'd?
loci replied to loci's topic in Financial Legal Issues
Hi, I'm not sure when the last payment was but I think it was 2008 -
Can anyone help me with this. I've received claim forms today about a debt from 2008. It was an MBNA card that my ex husband run up and I'm going to be honest here, I've buried my head in the sand with a lot of it. It's in my name so that's not really a defence. I know I should've sorted it ages ago as maybe I'd not be sat here now sick with worry. Anyway, it says it's for £10,984 In the particulars of the claim it says the following: The claimant claims the whole of the outstanding balance due and payable under an agreement referenced opened effective from 11/08/1995. The agreement is regularted by CCA 1974 whch was signed by defendant and from which credit was extended to defendant. It then goes on to say that I failed to make payment as required and by 31/5/08 a default was added and as of 19/8/08 I owed mbna £663749 (there's not . but I assume its supposed to be £6,637.49 otherwise I am in trouble!!) It then goes on to say by an agreement in writing the benefit of the debt has been legally assigned to the claimed effective 19/06/08 and made regular upon the claimant service a notice of assignment on the defendant shortly thereafter. And claimant claims 1. 673749 2. interest pursuant to section 69 county court act (1984( at a rate of 8% per annum from 19/6/2008 to 23/11/2015 of 377816 and thereafter at a daily rate of 140 to date of judgement or sooner. -- So what do I do? Do I just send the court forms back and try to arrange a payment plan or is there anything I can do to reduce the interest? I'm so worried I'm going to lose my house over this. Any help gratefully received
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