MBNA/Restons CCJ/ CO

[phatram]

Back from hols to this,

FINANCIAL

 

 

 

Link Financial Ltd PO Box 30095 LONDON SE1 7WU

3 July, 2008 Link Reference Number: xxxxxx

Dear Mrs P

YOU HAVE BEEN SERVED A NOTICE

You recently received a letter from us regarding your MBNA EUROPE BANK

LIMITED account (XXXXXXXXXXXXXXX).

That letter was a legal requirement under Section 136 of the Law of

Property Act 1925.

We are disappointed that you have not acted upon our instructions and

contacted our office.

Please contact me upon receipt of this letter to discuss your

outstanding balance.

My direct line telephone number is 020 7793 2690.

Unfortunately, if you do not call, we will take further recovery action.

This may lead to the balance being increased through court costs and interest charges.

We are therefore giving you the option of paying back the assigned balance of

£XXXXX.XX to Link Financial. -------------------------------------------------------- -- --

Yours sincerely

 

Mrs x xxxxxx

For and on behalf of L/NK Financial Limited

Would someone please advise as to which letter to send them.

Thanks

Mrs P

Edited July 14, 2008 by phatram

[citizenB]

Is this of any use to you. ? Hmmm, they also say that they wrote to you earlier.. did they ? It looks to me as though only MBNA have written to you regarding the sell on.

 

 

PLEASE DO NOT IGNORE THIS LETTER -

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Account No: XXXX XXXX XXXX XXXX

Your letter, reference above was received today. I was in fact surprised to hear that you have acquired this account from XXXX since they are in breach of my Consumer Credit Agreement requests (Consumer Credit Act, 1974); dated XX XX XXXX for which I have proof of receipt .

 

I can only assume therefore that they failed to inform you of their non compliance. XXXX had until XX XX 2008 to comply with a legal request. At which time THEY committed a summary offence and continue to do so.

 

Should either you or XXXX persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by XXXX (and by association, yourselves) under The Consumer Credit Act, 1974, as well as your XXXX non-compliance with and total disregard for the law on this occasion.

 

 

Yours faithfully,

Edited July 14, 2008 by citizenB
incorrect wording. Thanks steven 4064 for point that out. :)

[steven4064]

I don't think it's a criminal offence. I think the correct term is "summary offence"

[phatram]

Thanks

And this is the first letter I've had from them.

Edited July 14, 2008 by phatram

[citizenB]

I don't think it's a criminal offence. I think the correct term is "summary offence"

 

Thank you for pointing that out steven. I have corrected.

[citizenB]

Thanks

And this is the first letter I've had from them.

 

 

I would point that out as well then

[phatram]

PLEASE DO NOT IGNORE THIS LETTER

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Account No: xxxxxxxxxxxxxxxx

 

With reference to your recently received letter dated 03/07/2008, and, may I point out, the ONLY letter I have received from yourselves, I am in fact surprised to hear that you have acquired this account from MBNA EBL since they are in breach of my Consumer Credit Agreement requests (Consumer Credit Act, 1974); dated 02/11/2007 for which I have proof of receipt .

 

I can only assume therefore that they have failed to inform you of their non compliance. MBNA EBL had until 15/11/07 to comply with a legal request, at which time THEY committed a summary criminal offence and continue to do so.

 

Should either you or MBNA EBL persist with threats of legal action as stated in your letter, I will welcome the opportunity for a Judge to look at several offences committed by MBNA EBL (and by association, yourselves) under The Consumer Credit Act, 1974, as well as your non-compliance with and total disregard for the law on this occasion.

 

 

Yours faithfully,

[citizenB]

Sounds good to me Mrs P. I think steven4064 advises to take out the word "criminal" and to sub "summary offence".

Edited July 14, 2008 by citizenB

[phatram]

I put summary criminal offence !

[The GodMother]

 

PLEASE DO NOT IGNORE THIS LETTER

 

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

 

Account No: xxxxxxxxxxxxxxxx

 

 

With reference to your recently received letter dated 03/07/2008, and, may I point out, the ONLY letter I have received from yourselves, I am in fact surprised to hear that you have acquired this account from MBNA EBL since they are in breach of my Consumer Credit Agreement requests (Consumer Credit Act, 1974); dated 02/11/2007for which I have proof of receipt .

 

I can only assume therefore that they have failed to inform you of their non compliance. MBNA EBL had until 15/11/07 to comply with a legal request, at which time THEY committed a summary criminal offence and continue to do so.

 

Should either you or MBNA EBL persist with threats of legal action as stated in your letter, I will welcome the opportunity for a Judge to look at several offences committed by MBNA EBL(and by association, yourselves) under The Consumer Credit Act, 1974, as well as yournon-compliance with and total disregard for the law on this occasion.

 

 

Yours faithfully,

 

I would also mention the OFT guidelines on debt collection that MBNA have breeched.

2.6

h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

2.2

g. ignoring or disregarding debtors' legitimate wishes in respect

of when and where to contact them, for example, shift workers who

ask not to be telephoned during certain times of the day.

 

2.6

d. not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties.

 

2.8

i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued.

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

Edited July 14, 2008 by The GodMother
adding oft rules

[phatram]

Letter sent today recorded del.

[phatram]

LINK

Link Financial Ltd PO Box 30095 LONDON SE1 7WU

www.linkfinancial.co.uk @linkfinancial.co.uk

 

 

 

 

23 July, 2008

' ---------

Originator: MBNA EUROPE BANK LIMITED

Account Number:

Debt Amount:

 

Dear Mrs P

You recently contacted our office regarding your account.

Although you have no formal arrangement in place to repay your account we are in the position to help organise that today at an amount that is affordable to your current situation.

Please telephone on 0207 793 2680 or alternatively contact us by email or post to the address provided above.

Yours sincerely

 

S Birch

[The GodMother]

send them a advert for specsavers as they obviously need it.

 

just write advise that ur original letter dated XXXXXXX still stands and u want them to action that. you will not contact them again regarding this and further correspondance from them will be classed as harrassement.

[phatram]

AQ from Derby court arrived today for 1 case.

[The GodMother]

What type. N149 or N150?

[phatram]

N150

[The GodMother]

kk need any help with it shout.

[phatram]

Thanks GM, no doubt I will

[phatram]

Any advice on filling this in gratefully received.

I haven't got a clue what to put .

All I want is for them to comply with my CCA request. Can I ask for a stay until they do this?

I also have a complaint about this with the FOS at present which I suppose will take ages to complete.

Edited August 11, 2008 by phatram

[The GodMother]

Have they been sent a CPR request?

 

If so then u can ask the courts to issue a order of procedings, aslo known as a draft order of procedings.

 

I assume you can just ask the courts to make a order without sending them the letter first but it would not be seen as fair.

 

CPR REQUEST

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter before action should have included the following information:

4.3 The claimant's letter should —

(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

(b) enclose copies of the essential documents which the claimant relies on;

© ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

(For many claims, a normal reasonable period for a full response may be one month.)

(d) state whether court proceedings will be issued if the full response is not received within the stated period;

(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

(g) draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.

I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers

to force all parties to comply with the practice direction.

I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim.

To enable me to investigate this claim I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

If you fail to disclose this information, I may apply to the court under Part 18 and part 31 of the civil procedure rules.

I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

 

Request for disclosure;

I request that you send me information vital to investigating your claims, including:

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual

intervention in relation to my account formerly held with ** CREDITOR **.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you will seek to rely upon in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

Please note, I will respond to your claim in full within 14 days of your providing this information. I must advise you that if the information is not forthcoming, or if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity to settle this matter amicably.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

Yours Faithfully,

 

Or you could just do this.

 

DRAFT ORDER OF DIRECTIONS.

 

I WOULD LIKE TO COURTS TO ORDER THAT COMPLY WITH MY CONSUMER CREDIT ACT REQUEST MADE ON RECIEVED ON I WOULD ALSO LIKE THE COURTS TO MAKE A ORDER THAT UNLESS COMPLYS BY THEN THE CASE BE STRUCK OUT WITHOUT FURTHER NOTICE TO .

Edited August 11, 2008 by The GodMother

[AndyOrch]

Hi Phatram

 

This may be of use as a guide line:- I dont know all the details of your case so you may have to edit slightly

 

 

The 1st Q, doesn't have a number, it asks have you sent a copy to other parties...tick yes.

 

A. Settlement-tick yes

B. Location -tick no

C. Pre-action Protocols-Part one-don't tick anything

Part two-tick yes

Case Management Info

State the full amount of what they are claiming in the box

Applications-If you haven't made any-tick no

Witnesses- if it is a joint debt put both of your names

Witness to which facts- All facts in the case

Experts-only the 1st Q is applicable about calling experts-tick no. The rest of that page you can leave blank

Track-can't complete without claim value

E.Trial/final hearing

Time estimate 4 hours

Days you won't be able to attend. Obviously I don't know that info. If you have holidays, other relevant important dates in the next 4mnths, I would detail. The Crts are quite flexible about this, so don't think you have to cancel things. If you're unavailable, say so.

F. Proposed Directions- leave blank for now

G. Leave blank

Other Information

Attached docs-tick no

Sent to other party-tick no

If yes.....etc-leave blank

Do you intend to make applications in immediate future-tick yes

If Yes what for-An Order seeking the Claimants compliance with information previously requested.

In the big box underneath I intend to write how the Claimants are behaving, so I will do that shortly.

Sign and date (teaching you how to suck eggs-sorry!)

Under the signature box put little lines through everything except the number one and Defendant.]In the box underneath that, put your address, tel no and don't forget your p/code (Crt gets funny if people omit it!) You can include your email if you wish.

 

Regards

 

Andy;)

[AndyOrch]

Under track tick the Fast-track box.

In the other information box write the following, but not yet, in case you provide me other info, that requires me to tinker with it!

 

The Claimants are deliberately frustrating these proceedings and preventing me from submitting a Defence/counter-claim, by refusing to provide information first requested under a Subject Access Request?or CPR 18 on the xxth xxxxx 2008. They have only partially complied with my request. I have sent letters to the Claimants Solicitors on the xxth xxxxx repsectively, requesting the outstanding information, which has to date not been furnished. I believe this is entirely unreasonable behaviour and I will shortly request an Order from the Court compelling the Claimant's compliance, to enable me to file a particularisd Defence/counter-claim

[AndyOrch]

The Court expects each party to file their AQ at Court, and each party is required to serve a copy on their opponents. The exchange of documents between parties, is expected from the beginning of the case. So that would include AQ's, disclosure statements and pre-trial checklists as an example. AQ's are not confidential and if you don't send your opponent a copy, chances are they will file an Application Notice looking for your case to be struck out. The offending party would then receive a further Order giving them a last chance to serve the AQ by a specified date. If it's not done, the non-compliant party would lose the case.

 

If they haven't complied with Court Directions, that tells you they are highly unlikely to even turn up to argue their case! You have complied, so even if they did turn up, you can point out to the Judge all the things they have neglected to do! You might resent having to send things off their sols and file stuff at Court, when they're doing nothing, but if you're doing things right, nobody can fault you on your efforts can they?

 

There is no point questioning Court staff about why the other party have or haven't done something, if you have issues about their conduct you need to raise such matters with the Judge on the day, or via an Application Notice as one would usually

 

I trust the above is of help just post should you require further help

 

Regards

 

Andy:)

[phatram]

Have they been sent a CPR request?

 

If so then u can ask the courts to issue a order of procedings, aslo known as a draft order of procedings.

 

I assume you can just ask the courts to make a order without sending them the letter first but it would not be seen as fair.

 

CPR REQUEST

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter before action should have included the following information:

4.3 The claimant's letter should —

(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

(b) enclose copies of the essential documents which the claimant relies on;

© ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

(For many claims, a normal reasonable period for a full response may be one month.)

(d) state whether court proceedings will be issued if the full response is not received within the stated period;

(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

(g) draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.

I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers

to force all parties to comply with the practice direction.

I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim.

To enable me to investigate this claim I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

If you fail to disclose this information, I may apply to the court under Part 18 and part 31 of the civil procedure rules.

I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

 

Request for disclosure;

I request that you send me information vital to investigating your claims, including:

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual

intervention in relation to my account formerly held with ** CREDITOR **.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you will seek to rely upon in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

Please note, I will respond to your claim in full within 14 days of your providing this information. I must advise you that if the information is not forthcoming, or if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity to settle this matter amicably.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

Yours Faithfully,

 

 

Or you could just do this.

 

DRAFT ORDER OF DIRECTIONS.

 

I WOULD LIKE TO COURTS TO ORDER THAT COMPLY WITH MY CONSUMER CREDIT ACT REQUEST MADE ON RECIEVED ON I WOULD ALSO LIKE THE COURTS TO MAKE A ORDER THAT UNLESS COMPLYS BY THEN THE CASE BE STRUCK OUT WITHOUT FURTHER NOTICE TO .

 

Post 44 ?

[The GodMother]

Yes it is phatram. I had just forgot and could not guarentee the place of this.

 

I would make the draft order of directions that i have put up.