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petersmith80uk

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Posts posted by petersmith80uk

  1. Hello!

     

    After many months they've cobbled something together, which they say is a "reconstituted agreement". Essentially they have taken screenshots of a computer system which includes some of my personal details?!

     

    The contents of which include my name and address, the credit card limit (Which is wrong) and bank details - of which is the current name of the bank and not the name of the bank at the time of the agreement.

     

    So far they've sent me statement of all transactions made on the card along with the above screenshots. It doesn't contain interest rates, T&Cs or anything like that. How should I respond?

     

    Many thanks!

  2. Sorry Andy, here we go:

     

    Name of the Claimant ? Hillesden Securities Limited.

     

    Date of issue: 14/12/15

     

    What is the claim for: An agreement between MBNA and the defendant on or around 15/10/2007 ('the agreement') MBNA agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due and the Agreement was terminated. The Agreement was assigned to the Claimant. The claimant therefore claims 1000

     

    What is the value of the claim? £1000

     

    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? The particulars say 2007

     

    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. Not the original creditor. This debt seems to have been sold on

     

    Were you aware the account had been assigned – did you receive a Notice of Assignment? No

     

    Did you receive a Default Notice from the original creditor? No

     

    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

     

    Why did you cease payments? No idea of what account this is.

     

    What was the date of your last payment? No idea of what account this is.

     

    Was there a dispute with the original creditor that remains unresolved? No idea of what account this is.

     

    Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? N/A

     

     

    I've had credit cards underwritten by MBNA in the past but never directly with MBNA. So its hard to pin point. The particulars of the claim is too vague, sorry!

  3. Hi there,

     

    I'm putting together a defence for a claim for ~£1000 issued 14/12/15 and I'm a bit stuck - any help would be greatly appreciated! Unfortunately had my head in the sand but now trying to get things sorted.

     

    I've done the acknowledgement of service and have followed guidance to request details via CCA letter on the 19/12/15.

     

    I've sent the £1 statutory fee to Mortimer with the CCA letter, which they've taken and replied to (24/12/15) saying they've asked for the documentation from their client (Hillesden).

     

    The claim is being made by Hillesden Securities Limited, for a debt they have allegedly purchased from MBNA. Mortimer clarke solicitors are acting on their behalf.

     

    Since Mortimer's response on the 24th, nothing has been received by either Mortimer or Hillesden.

     

    So now that the time is approaching to file a defence, I'm attempting to cobble something together :???:

     

    So far I have:

     

    1. Defendant received the claim XXXXXXXX from the Northampton County Court on 16/12/2015.

     

    2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

     

    3. This claim appears to be for an agreement regulated under the Consumer Credit Act 1974.

     

    4. It is denied that the Defendant has entered into an agreement with Claimant.

     

    5. The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess the Defendant’s position with regards the claim.

     

    6. The particulars of claim are vague and fail to specify anything identifying the account that the Claimant refers to.

     

    7. The Claimants statement of case states that the account was assigned from MBNA to Claimant. The Defendant has no record of receiving notice of this alleged assignment.

     

    8. It is denied that MBNA served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

     

    9. On the 19/12/15 The Defendant sent a request for inspection of documents with reference to the Claimant statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor, Mortimer Clarke Solicitors. Defendant requested the Claimant provide copies of the Agreement, Default Notice and Deed of Assignment pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

     

    10. Claimant has not sent any of these documents to Defendant.

     

    11. Claimant has declined to send a true copy of the deed of assignment.

     

    12. The Claimant’s Solicitor has taken payment of the statutory £1 fee and not in any circumstance set aside for any alleged debt.

     

    13. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

     

    14. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

     

    15. The Defendant requests the court order the Claimant to provide the necessary documentation in order for the Defendant to fully plead the Defendant’s case else the Claim should stand struck out.

     

    16. In the event that the relevant documents are received from the Claimants, the Defendant will then be in a position to amend the Defendant’s defence, and would ask that the Claimant bear the costs of the amendment.

     

    17. It is denied that the Claimant is entitled to the relief as claimed or at all.

     

    Statement of Truth

     

    The Defendant believes that the facts stated in this Defence are true.

     

    Any guidance would be greatly appreciated!

  4. " So if I request evidence using the CCA letter to a DCA and they fail to respond and then subsequently make a claim. I'd then defend and when it goes to the judge, they'd ask for info No you ask for infor and the court compels them to disclose and I finally get the evidence I asked for to pay up.If they can disclose...dont forget you have already sent your CCA request and they cant comply..thats the reason for sending pre litigation But by that point, I've now coughed up more in time and money just because they've not followed the rules.What money?...costs nothing to defend a claim

     

    And at worst the judge then adds on interest and you'd end up paying more on top!No further interest or costs added they are already included in the claim

     

    But because you requested the agreement by way of a CCA request ...they cant comply....you defended the claim...they cant disclose to the court...claim dismissed or discontinued.

     

    In your experience is the above typical? "

     

    Not at all......but now I have amended above.... thats typical

     

    Andy

     

    Thanks very much for the detailed response Andy. Very much appreciated.

  5. Thanks andyorch / oc; I really appreciate your candid advice!

     

    So if I request evidence using the CCA letter to a DCA and they fail to respond and then subsequently make a claim. I'd then defend and when it goes to the judge, they'd ask for info and I finally get the evidence I asked for to pay up. But by that point, I've now coughed up more in time and money just because they've not followed the rules.

     

    And at worst the judge then adds on interest and you'd end up paying more on top!

     

    In your experience is the above typical?

     

    Really appreciate all your time in responding. I've never been in a court room so have no idea of what happens in reality vs whats on paper!!

  6. Only the benefit of an agreement may be assigned. There is no requirement for written notice to be given or received. The only significant difference between a legal assignment and an equitable assignment is that an equitable assignee often cannot bring an action in its own name against the third party contractor, but must fall back on the rules governing equitable assignments and join the assignor as party to the action.

     

    But how would you know what type of assignment it was.... without Notice...without seeing the Deed of Assignment ? and a DCA would not dare issue a claim in court only attaining equitable assignment.

     

    Regards

     

    Andy

     

    Thanks Andy. I thought that in order for it to be a legal assignment they would need evidence that the debtor accepted the letter either via registered post or in person. If they have no such evidence, as you say, they only have the benefit of the agreement but not legal assignment that would give them the right to make a claim.

  7. Hi PS,

     

    That's fine and you've done all you need for now.

     

    Unless and until they produce a reply to the CCA request, they are in default and cannot take action to demand or collect the alleged debt (as suggested above).

     

    Let us know what you receive next.

     

    :-)

     

    Thanks so much for your advice slick132. Very much appreciated!

     

    If they continue to chase me and what point am I able to take action?

  8. Number 2 you wont get. Was that letter from cag or from another site?

     

    Yep... I now understand that is incredible unlikely, despite case law.

     

    On that topic - I have a question..!

     

    Given the original creditor has not followed the rules, the DCA do not have legal assignment of the alleged debt.

     

    If they were then to make a CCJ Claim and eventually it goes to the judge.. And if the judge requests the evidence and they then prove they own the debt, then does the fact that they still only have equitable assignment mean that they are still unable to claim for the money (without the help of the original creditor?).

     

    My worry is that they prove it and so you lose your defense.

     

    What other options do you have other than going to the original creditor yourself and asking for confirmation that they assigned the debt?

     

    Thanks for any and all advice!

  9. Hi Slick,

     

    It said:

     

    "With reference to the above claim, I require the following:

     

    1. A true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

     

    2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

     

    3. A full statement of account.

     

    4. A copy of any other documents referred to in the agreement.

     

    I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.

     

    I understand a copy of our credit agreement should be supplied within 12 working days.

     

    I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act."

     

     

    Many thanks!

  10. Hi All,

     

    Thank you so much for your feedback!

     

    I did write the CCA letter to the exact same address as their response with the £1, which I can see they've banked. I didn't use the exact template as I wasn't aware of it at the time but it essentially says the same thing.

     

    I'm not sure whether I should write a letter in return to inform them that I've already followed the procedures according to the rules and that they are in default or just leave it.

     

    Or should I write a different letter?

     

    Thanks again!

  11. Hello there!

     

    First time post for me so apologies if I miss something!

     

    I received a letter from Robinson Way for an alleged barclaycard debt, of which I sent a CCA request enclosing the £1, which they banked.

     

    I received a letter saying that they would request the details from their client and it would be on hold until they received the details.

     

    Subsequently I've now received a letter saying:

     

    "Further to your recent request for a copy agreement on the above account,

    we are unable to obtain this form the original creditor as this request must be formally made to us in writing.

     

    Please accept our apologies for any inconvenience caused by us not informing you of this requirement at the time of your initial request.

    If you still require the agreement please submit your request in writing to us at the address above and we will process it as quickly as possible.

    Please note that the £1.00 fee normally required for a CCA request will be waived on this occasion.

     

    In the meantime,

    we have placed your account on a 30 day delay to allow you enough time to submit a written request.

    If we do not hear back from you within this time we will assume you no longer require this information

    and your account activity will resume."

     

    I sent the CCA request with the enclosed payment to the same address on the letter?!

     

    It is now 17 days since the date of my original CCA request.

    I'm not sure which way to respond to this - any help would be greatly appreciated.

     

    Many thanks!

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