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yodabug

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  1. thanks Andy - unfortunately I just submitted the defence - BEFORE i saw your message. Boll**. is there Anyway to amend it now ? its submitted via MCOL ?
  2. Morning all £10 donated. I have only recieved a letter from drydens stating that they ' acknowledge receipt of your request CPR blah blah blah....... So since sending off CPR and new CCA since claimform I have not recieved any relevant paperwork, so, at this present time - just doing standard - not holding defence as follows : - this could change should postie turn up something tomorrow ( and have suitable response prepared for that outcome ) ***************** FINAL DEFENCE EDIT **************** Particulars Of Claim ( for reference purposes only ) 1 ) The claim is for the sum of £4000.00 in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account number **************** upon which the defendant failed to maintain payments 2 ) a default notice was served upon the defendant and has not been complied with 3 ) the balance owed was assigned by MBNA to the claimant, and the defendant has been notified of the assignment by letter ************************* FINAL Defence ********************************************* 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 in the past had financial dealings with MBNA. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim, and have therefore sought clarity from the claimant by way of a Section 78 request and a CPR 31.14 request. 3 Paragraph 2 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the consumer credit Act 1974. I have sought verification from the claimant regarding this matter and they have been unable to comply. 4 Paragraph 3 is denied . I am unaware of any Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) and therefore requested a further copy from the claimant which they have yet to provide. 5 It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show and evidence the nature of any breach and Default Notice; (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6 As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7 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. 8 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. I know two days premature. Just getting ducks in line. Thanks
  3. Yes I’ve double checked and indeed Friday the 10th march thanks DX
  4. ++++ TIMELINE INFO ONLY +++++ defence is due by 8th march latest ( 33 days after Claimform date )
  5. arrow_DN_redact.pdf £10 donated had this back today on its own. Can anyone please shed any light on it. ? feable attempt at a default notice ?
  6. CPR 31:14 sent to solicitors CCA to claimant both sent 10/2 recorded delivery
  7. ive just found a notice of assignment they sent last month - freshly printed with a 2012 letterhead please amend the bove particulars to read Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes do i really need to send another postal order ( they returned the one last time - in a form of a cheque for a pound ) seems a waste of time to send again ? thanks
  8. just made a wee donation. evening, cheers DX Claim form received. details to follow. have been on MCOL and defended all Name of the Claimant ? Arrow Global Guernsey Limited Date of issue – 6 Feb 2023 Particulars of Claim 1 ) The claim is for the sum of £4000 in respect of monies owed by the defendant on a credit agreement held by the defendant with MBNA account **** **** **** **** upon which the defendant failed to maintain payments 2 ) A default notice was served upon the defendant and has not been cpmplied with 3 ) The balance owed was assigned from MBNA to the claimant and the defendant has been notified of the assignment by letter. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? Yes just to update them in case they hadnt got it What is the total value of the claim? £4000 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card When did you enter into the original agreement before or after April 2007 ? 2003 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No 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. Debt purchaser 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? advice from kind folk here What was the date of your last payment? march 2018 ( via payplan ) 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 management plan? yes and I was with payplan until march 2018
  9. Yeah - I deleted my name and address on the signature form. ( the sheet with half bar code and credit limit ( omitted )) That’s the only place where my name and address was contained. Name and address didn’t appear on any other documents Thanks DX I agree let it run and see if they issue court proceedings
  10. Hi All Long time no speaky. Just donated £10. History - old MBNA circa 2003. Stopped paying 5 years ago via payplan at the advice from the kind folk here. Half expecting a claim form soon, just just getting my ducks in line. Had a recent PAP letter / letter of claim back from Drydens Fairfax. I disputed the debt - lack of documents etc etc. And finally they sent back a history of credit card transactions - definetly not proper MBNA statements - just printouts and the following CCA return. Just wanted to know if this CCA is valid or not ? I tried uploading as a batch but was rejected as file size too large so have uploaded as 5 seperate PDF Thanks Peeps MergedDrydensCCA+NOA.pdf
  11. no he has not had a visit letter dated 10 june thanks for the robust advice DX, much appreciated will pass all info to my Dad. have a nice evening
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