Hi LB145, I would personally turn them down. Firstly the letter you have isn't signed it has a name typed in a fancy font. That doesn't sit right with me. If they were 100% genuine why not do it right. As you said if they agreed to a F&F then maybe but a partial settlement with a agreement not to chase the rest no way. The part that interests me is "I can confirm the remaining balance will not be sold or passed on to any other company" so whats stopping them taking you to court? Why do they need a copy of your I&E? Sounds like a fishing trip to me. Be very careful, it looks wrong to me. Pumpytums

I have about 6days I reckon. I suppose as I can submit online Christmas won't affect it courts are closed 24th to the 28th I believe. I haven't looked into my claim properly yet I need to get my SAR info. The OC is being downright stubborn I wonder why?? The original account had PPI and has charges, I don't think I can claim these back from the new owner. The new owner has added charges, but I suppose these can simply be removed from their fairytale total. Pumpytums

Hi Hp Mum, looks like your DN is invalid was it for the full amount? Dated 9/9 means it would be delivered either 13th or 15th which does not give the required 14 days shame that. If you have the envelope keep it safe. Remember 2 days for service 1st Class and 4 for 2nd the days start after the date on letter and 10 & 11 were weekend so they don't count. You need to send your SAR to MBN@, you will get the comms log then and you can find the exact date it was sold. Plus you can work out charges etc. Pumpytums

Just filling my online defence, daft question I know "Do I want to file a counter claim?" The account has charges and PPI but I have no idea, can I claim them back from the new owner? Can I counterclaim at a latter date or should I just tick yes? I'm really confused can someone give me a poke please. Thanks Pumpytums

Good point, I suppose as I requested the information under the CPR 18 & 31.14 in the correct manner. I have now indicated that I'm still waiting for the documents they rely on and have mentioned, rather than saying well you didnt attach them when they didnt need to. Thanks Pumpytums In the xxxxxxxx County Court Claim number Between xxxxxxxxxxx- Claimant and xxxxxxxxxxxx- Defendant Defence 1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx Except where explicitly stated below the Defendant neither admits nor denies any of the assertions or claims made by the Claimant. 2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: - 3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised. In this regard I wish to draw the courts attention to the following matters; a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due,or any other matters necessary to substantiate the claimant's claim. b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought. c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts. d) A copy of any termination notice served under section 76 and/or section 98 of the CCA, on the alleged account. e) A copy of any notice of assignment compliant with the provisions of the Law of Property Act 1925, on the alleged account and proof of original service of said assignment to the defendant. f) The defendant requested information referred in the claim under CPR 18 & CPR 31.14 from the claimant by Royal Mail Special Delivery. The request was received by the claimant on the XX December 2009, compliance with the requests has now expired. The defendant wishes to make the court aware that the claimant is trying to frustrate proceedings and denying the defendant an opportunity to file a defence and counter claim. 4. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof 5. I respectfully request the courts permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim I respectfully request that the court consider striking out the claim under cpr 3.4.2(a) because it is not fully particularized nor offers any legal cause of action. I respectfully request that the court consider striking out the claim under cpr 3.4.2© because, in light of the failure to respond to both cpr 31.14 & 18 requests, the Claimant is unable to substantiate their claim with documentary evidence. Statement of Truth I xxxxxxxxxxx, believe the above statement to be true and factual Signed ..................... Date

Nice on hungry, love the "of sound mind and body bit very funny". I would love to know the percentage of claims that go through by default very scary I bet. I still can't believe how easy it is for them to basically print money and turn £100 into £1000. Having reread the POC the bu^&ers are claiming for interest on a claim covered by the Consumer credit act 1974, I believe thats a big no. And have also added a so called charge to the claim amount again, a big no I believe. So not only are they asking for the full amount they are inflating it as well. I suppose by on a default judgement though they have just made another 100% from the interest+ fee on their outlay. I suppose if all the ducks were in a row the original OC would be taking the action. And to top it all the OC is playing games with my SAR info. Thanks again Pumpytums

Did you get a DN from MBN@ prior to the sale? Pumpytums

Hi Hp Mum, I would also send a SAR to MBN@ it will cost £10 but they generally do send the information. I have never received my CCA request from MBN@ but it did turn up in the SAR. The documents you posted up look like a card carrier, nothing more. Hope this helps Pumpytums

Ok how about the following thanks M&M, One question the bit thats says 1. I XXXXXXXXX(name) of XXXXXXX(what goes here address or town???) Red text is added. Thanks Pumpytums In the xxxxxxxx County Court Claim number Between xxxxxxxxxxx- Claimant and xxxxxxxxxxxx- Defendant Defence 1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx 2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: - 3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters; a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due,or any other matters necessary to substantiate the claimant's claim. b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form. c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form. d) A copy of any termination notice served under section 76 and/or section 98 of the CCA, on the alleged account, has not been served attached to the claim form. e) A copy of any notice of assignment compliant with the provisions of the Law of Property Act 1925, on the alleged account and proof of original service of said assignment to the defendant, has not been served attached to the claim form. f) The defendant requested information referred in the claim under CPR 18 & CPR 31.14 from the claimant by Royal Mail Special Delivery. The request was received by the claimant on the XX December 2009, compliance with the requests has now expired. The defendant wishes to make the court aware that the claimant is trying to frustrate proceedings and denying the defendant an opportunity to file a defence and counter claim. 5. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof 6. I respectfully request the courts permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim Statement of Truth I xxxxxxxxxxx, believe the above statement to be true and factual Signed ..................... Date

Hi everyone, the time limit is up for both the CPR's nothing received (what a surprise) do I need to mention this in my embarrassed defense or leave it as it is? I would like to get this submitted in the next couple of days. Thanks again for everyones help. Pumpytums

Ok thanks Kurva, I believe the distance marketing rules apply so they should have sent cancellation instructions in 7 days. Too which I would say prove it, I never received any. To help me out they have dated the agreement the same day as me. Pumpytums

Nope signed at home PPI yes please about as much use as a choccy teapot. Shame they popped lots of charges on, so the default is up the swanny too. Pumpytums

Very good analogy Kurvaface. I wasn't 100% sure on the enforceability bit. But thanks for looking I hope I didn't waste anyones time. Its odd though I had been pawing through it looking for an angle, and after reading a thread it suddenly struck me. Very lapse on their part as I said even the daftest creditors seem to include the cancellation clause. This one has certainly done me a big favor. The account also contains charges so the DN will be bobbins when I eventually get to see it. Thanks again Pumpytums

Thats another one actually the number on it bears no relation to account (blanked out). Its the cancellation rights, they are simply not there every agreement seems to have them on except this one, very bizarre. And potentially from what I have read very unenforceable. Comments are very welcome. Pumpytums

Exactly, also can you spot something else? Its the lack of something, and its not signatures (they are blanked out). I didn't spot it for ages its on everything you sign basically. Even MBN@ can get that right. Another thing if you look on the far right hand side see the black mark like a thin arrow head now move across the page, somethings been folded, or moved up. Very odd. A black line appears in the middle of the page too. I suppose i can always ask to see the original its under 5 years so they should have the original. Pumpytums

Sure thing, spot whats wrong.

The original OC was GE new (alleged) owner stink financial. I should have received a NOA from GE/santander though is that right? I'm just really intrigued why the OC basically sent a load of rubbish for my SAR. I'm positive they are hiding something. I beleive from reading other threads that GE DN's are flawed. One more thing should the CCA in some way reference the account as the numbers don't match? Thanks for info Boo. Pumpytums

Hi, one of my debts was sold on early this year to a DCA(allegedly) I have received the standard "Your debt belongs to us letter from the DCA" but no Notice/deed of assignment from the original. The account was defaulted by the original company but no DN was received, I have CCA'ed the DCA and a semi enforceable agreement has come to light it has its problems. The new (alleged) owner has issued a Court claim in their name not the original owner(I have a thread for this in the legal section). The account must have been terminated as legal action cannot be taken until its terminated. At the beginning of last week I checked my Credit file and the new (alleged) owner has issued a default on the account in their name/original owner. Now comes the interesting part, they have added the costs and fees to the default. Now I was under the impression that nothing can be added to a defaulted sum until its enforced in a court is this right? Secondly the original owners entry is still shown, this shows no default, just no entry received. Another interesting thing I have written to the original owner asking for my SAR only recently has anything arrived they have sent nothing about this account, just a few statements for a 6 year old account. Would it be worth writing to them to put it in writing that this was all the information they have on me? This reply could maybe come in useful a few month down the line. Can any one enlighten me on this, sounds just plain wrong and something smells a wee bit fishy. Just seems the new owner is steamrollering along. And the OC is playing along with them. Pumpytums

Spot on. Pumpytums

Sorry I didn't know that. Shame they got their DN wrong. The assignment letters are very amusing you would think they would at least try to make things look legit, for the price of another envelope and stamp. I have a similar situation (different company) mine was sold before the invalid dn was up shame that. Pumpytums

Hi just read your thread, how can Mercers issue a DN when they are a DCA, surely only the original company can issue one? Or was it simply a oops on Barclaycard ie selling before a DN was issued and then getting the cheapest DCA to issue one to confuse you? It comes to something when a DCA can't even allegedly fake a default notice correctly. Pumpytums

Hi Wilko, well it should be signed so I think you have your answer. Pumpytums

Hi Wilco, Have a look at tony3x thread exactly the same application as yours. Are you sure MBNA have signed it tonys had no signature? http://www.consumeractiongroup.co.uk/forum/mbna/232323-tony3x-mbna.html Pumpytums

Hi Wilco, it looks like the everythings there the only things that worry me slightly it firstly, it is an application form and it also mentions "you must read section 13 & 14. References are also made to a paragraph 11a they dont seem to be present as is section 4. Not sure to be honest. Looks very unclear I have to guess most words. Pumpytums

Hi Wilko, just a thought firstly is the original any clearer? Secondly where is the creditors signature? Pumpytums