Link/MBNA Claimform - Card Debt Poss statute barred **Struck Out**

[rudy1]

Thanks goldlady, your always there and i really appreciate that so much, thank you.

 

Hi pt2537,

feel like i'm writing fan mail,

 

i read your entries on a daily basis,

always very good.....i'm a bit star struck, and your studying in southampton,

My old college haunt,

hope your not so poor as a student that you've had to live in St. mary's as i did.

 

Is this likely to start costing me money?

do you think that i should settle at this allocation hearing if they say it's going to trial.

It already gone from £4k to £7.5k, if i have to pay for a trial, could be a big mistake!

I own my house and know this company like taking Charges.

 

Don't know what the best way forward is, would the judge proceed with no documentation?

 

Hope this has made sense as have had the girls around tonight, couple of glasses of wine, thought i'd check mail before i went to bed. thank you so much.

 

got to go to bed,

hopefully have a few answers in the morning,

the other thing is,

do you think i could also bring in the statue barred thing as last payment end of dec 01/beginning on jan 02, first contact end of jan 08, went legal 290208.?

thank you

[pt2537]

Hi Rudy1

 

Thanks:) for the kind words

 

nah im fortunate or unfortunate as the case may be to be an Open uni student, so no staying in St Marys for me

 

right, as i said the allocation hearing is to consider the track for the case, now if its under 5K it should go to the small claims track, at the hearing , you should ask the judge to order them to disclose the credit agreement, the default notice , notice of assignment and proof of posting (if the debt has been sold to a DCA) and proof of payments between then and now to show that its not statute barred

 

i would highlight to the judge your contention that it is statute barred

 

the judge cannot proceed with a full hearing without the documents and if he does then its highly liklely that without the credit agreement the only course of action would be to throw their backsides outta court

 

Can i ask, did you ever request a copy of the credit agreement using the CCA request?

[rudy1]

Yes made the request for cca, deed of assignment and statements on 290208, recorded delivery, received by them on the 030308.

 

Had a letter on the 16th april saying they had requested it but couldn't put a time scale on when i would receive it, the day before yesterday they sent me a letter, (after i did the failed to comply letter a couple of weeks ago) saying they would stop calling me on a daily basis, and that they have asked for the agreement but suggest i write to the OC myself asking for it, which funnily enough i haven't!

 

Surely if they had the documents i would of received them by now, they had about 70 days. Think the judge must must know this as sent copy letters. The claim is now £7.5k (started at £4k in january 08). Going to go armed with lots of points. Are Link likely to turn up do think?

 

sorry the funny face is meant to be an 8, don't quite know i did that.

[JonCris]

Will link turn up?.....probably.................... Do link have the docs? ...... very unlikely. DCA's seldom if ever have the hard copies. They purchase the debts in bulk on disc ........ & if when they purchased the paper work was supplied they would need a new building in which to store it

 

Also it's highly probable that the OC no longer has the hard copies having disposed of them years ago ............. which many are now regretting

 

By failing to comply with your CCA they should not now be trying to enforce the agreement & without a properly executed 'signed' agreement the court cannot order enforcement

 

Warning

If you have made any sort payment whatsoever (which I assume you did when you made your CCA request & as your argument is that any such debt is out of time) then in order to defeat that they may argue that your 'payment' recognises the debt making it now enforceable .......... If this should happen make sure to show the court the letter which accompanied your payment to show it's true intention

 

PS what happened to your solicitor??

[rudy1]

Thanks joncris,hope your well and enjoying the glorious weather, still got all letters and receipts, I didn't actually sign up to the solicitor as he said next time he sees me he wanted £500, which isn't a real problem but not sure i need him at present, what do you think?, do you think its worth going armed with a solicitor. My household insurance said i needed a 51% chance of winning for them to pay, will maybe follow that up today. Just want to go in quite heavy at this allocation hearing, armed with the information, my dream out come would be that they give them a limited time to produce the documents or throw it out....

Trying to write this thread with my 4 year old daughter having a tantrum because i won't let her chocalate (9.30), her argument is she ate all her bran flakes and she should be rewarded. Don't you just love them!

 

The other thing is, found out that i am a perfect match for my sister this week (re.kidney), can i ask the judge if possible to hurry thing along as don't really want to be worrying about this at the time of the transplant.

[JonCris]

If it's not a financial burden go with the solicitor & even though you pay him a retainer he should be able to recover that from your insurer....... or Link........... If it transpires that the matter is time barred or they have still failed to particularise their claim he will no doubt ask for a wasted costs order

 

As for the 51% that's normal for all claims & it's your solicitor who will give that advice to your insurer & as he appeared confident the last time I don't foresee any problem

 

No not enjoying the sunshine ...... stuck at this dam PC .......... I have kids like that at home only they are 18! & 21! ................. my advice just give her the chocolate .......... you know you'll feel better ...... for now:)

[rudy1]

BAD MOTHER, i gave in to get her off my back, open day yesterday, her teacher advised me she's extremely bright, like I didn't know that. There's a reasoned argument for getting her own way every time! God knows what she'll be like at 18, fills me with fear. Perhaps Boarding school may be an idea.

 

Will get on the case with solicitors/ insurer. Thank you.

Very silly question, I have a very nice engagement ring and where a well known watch, do you think i should leave these at home on the day of the hearing, don't want them thinking i'm rolling in it as I really am not!

[JonCris]

Boarding school........... definitely............... you'll thank me later:)

 

Dress down for court.

 

I recall one person arriving in court dressed in so much finery & very expensive jewellery that even the judge couldn't hide his amazement ..... his face was a picture & said it all .............. forgot mention she was the defendant & claiming poverty:confused:

[rudy1]

Will take them off, family ring from in laws, watch was a gift years ago, when i had a life and career! Will update later when i speak to insurers.....

Stuck my little angel in front of the TV now, reckon i'll be up for Mother of the year award by the end of the day. Praying for 12.45 to come round, school time, full time September then it will be one down one to go. Hope Social Services don't read this site!!! Thanks.

[nicklea]

rudy,

 

Unless your solicitor knows a lot about consumer credit law then it may well be that you know more than he does in this area now (isn't CAG useful). So it may be useful to write down beforehand all the points that you want to raise - the ones you mentioned in your post above - no agreement, no notice of assignment etc etc. This way you'll be sure you haven't forgotten anything and it will make sure that the solicitor raises all the points as well.

[JonCris]

It's the going to Uni you'll soon be waiting for ............. peace at last ....... er no ........ phone ............ canna 'ave ..........I need a new telly, computer, (why cos I spilt tea. coffee, or booze over it) clothes, shoes, underwear & for 'someone' to pay my car insurance cos it's just too expensive (OK go find 'someone').............. can you gis a lift, cos I've bin drinking (why when you know your driving duh) .............. can you come & get me ........... I'm stranded & it's 3am (why have you missed the train bus etc) ............. no money:eek:

[rudy1]

thanks, yes i thought this, but he definitely knows his stuff in relation to this kind of law, I had the free half hour with and he ended up filling in my allocation questionaire. Just spoke with insurers they seem to think i will get help as maybe statue barred and no documents have been provided.

 

Don't know what i'll do with myself once this is over, won't have anything to do! Have to keep coming on here in a supporting capacity. Thanks for all your replies

[JonCris]

As a result of recent events surrounding penalty fees many lawyers are now taking refresher courses in consumer law. Some of the more experienced firms are travelling the country offering seminars on consumer law which are usually well attended

[rudy1]

Thanks jonchris, now thinking along the lines of adopting them out, mind you i'm 36 and its only been in the last few years i've stopped going cap in hand, there's a thought for you! Think my parent were pretty relieved when my husband came along.

 

Actually, come to think of it we still don't do too bad, my mother in law rang up a couple of nights ago to say they're taking us all to South Africa in November to see relatives (took us last year).

 

My husbands Grandparents are still alive, Funnily enough he was the head of the Bank of South Africa many years ago, perhaps i should have a chat with him. They'd think their grandson had done really well for himself wouldn't they!

 

School run, Yeeeeeeeeee. 2 and a half hours of freedom.

 

Think your right about solicitors polishing up on their consumer law skills, the solicitor i saw does debt recovery, think thats how he knows his stuff. Big joke really, willing to help me but probably making other peoples life a misery.

[JonCris]

Correct rudy

 

Whilst most if not all firms will undertake 'commercial' debt recovery many will not get involved in 'consumer'. I mention this because yours may only do commercial

[rudy1]

i see, seemed like a nice man got on very well with him.

Think the insurers will pay for solicitors.

The chap i spoke with today said it seem like more than likely because of the lack of evidence and the statue barred thing, said they would confirm in the next five days.

 

Oh before i sign off I'll tell you a tale about my little angel.

 

Wednesday was a lovely hot day, we live a few minutes drive from the beach, went shopping in the morning and on the way back i suggested a day off school as a treat to go to the beach as we only got a few days last year with the horrible summer we had.

 

She was delighted, so i pulled over, phoned the school and said i'd lost my keys, found them now but would not get back in time to drop her off, they were fine as not actually compulsory in the nursery bit of school.

 

had a lovely day.......today when i picked her up,

i said "have you had a nice day" to which she answered.

"Yes mummy I told mrs X (victorian school mistress) that you told a lie and said that you lost your keys and that you didn't really you wanted a nice day at the beach"! Can you believe it, the little @£$. Feel sooooo ashamed. She was grinning from ear to ear, knew exactly what she was doing.

[rudy1]

What do you think of this idea, still haven't had a date for the allocation hearing but when i do i was thinking of writing to Link and saying that I am going to get a solicitor for the hearing and there after, and its going to start getting expensive and that i will claim for costs if they lose which is likely as over 100 days later i haven't had a shred of evidence and give them the option to give up and cut their loses. Any of your opinions would be gratefully received.

[Goldlady]

Hi rudy, did you hear back from your insurers about the solicitor?

 

I would still hope that Link withdraw the claim before it goes any further, but then they might be getting desperate. But I suppose you will give them even more reason to withdraw if you are going to start incurring costs to fight off their unfounded claim. Let us know what happens next and hopefully you will get some sensible advice;)

[rudy1]

thanks goldlady, Got a letter through yesterday from old insurers saying that seeings the problem came up jan 02 and i didn't go with them until feb 02 i'm not covered. I don't think i had insure from about 13th jan 02 until 20th feb 02 when i sold one house then bought another. Bummer. Read a from started by 9lives last night, he had an allocation questionaire and Link were told to produce documents in 15 days, they didn't and it was thrown out! hoping my judge will do the same. take care.

[snevel]

Hi, Sorry this is abit off topic but i've read a good few threads about statute barred cases and was wondering if anyone knows the answer to my little question, when a debt becomes statute barred can the default be removed from my credit report?

 

Thanks

[rudy1]

I'm no expert but yes it should be removed, a default from what i can gather can only be registered for 6 years, think you just have to write to experian and equifax and request the removal. May be worth starting a new thread because then your get noticed a bit more and one of the experts on here will advise. Be warned make sure it is 6 years and a few months as the staue barred laws aren't that clear, it more like 6 years 4 months to be safe. best of uck.

[rudy1]

This sounds a bit stupid but how do i start a new thread? My sister needs some advise about something completely different.

[Goldlady]

Rudy if you haven't found out yet, what you need to do is go back to the forum main page rather than within a thread like this one. I hope that makes sense:p

[letitbeme]

Hi Rudy1 - Thanks for the update - I am also thinking of sending a letter.

 

Without prejudice save as to costs

 

In reply to your letter dated xxxxxxxxx2008 . Having reviewed your reply to my defence and the points that you have outlined, I hope that you have now had time to read my amended defence and the points that negate your claim and render it unenforceable in the courts (Due to it being statue bared and unenforceable under the Statue of Limitations Act.)

I would be happy to settle for a full write off at this stage and will not pursue you for costs.

What do you think?

Regards LIBM

[rudy1]

Very good, thing is, it must cost them to go to the allocation hearing,

they know its unenforceable and surely they don't want to get a name for wasting court time,

 

i don't think you should send it until around three weeks before the hearing, you've put the defence in, they've seen it, hit them in a few weeks so its looks like your not panicing and trying to wrap it up.

 

I believe they will go right up to the hearing or a few days before to drop out as they don't know that your not scared yourself about going to court,

they may think you could buckle just before and pay up.

 

I reckon they work on fear factor, people are scared of courts.

 

Talking to my dad last night and he was saying that in a criminal trial the other party are not allowed to conceal a witness and surprise the other side on the day (forgot what he called it) you don't think they would do this with us do you?

can they?

that would throw me if i got to the hearing and they handed it over!

Mind you i have a feeling if they had it we would by now.

 

I not 100% that mine is statue barred, although over 6 years from last payment, its only about six years 2 months (think it has to be more like 6yrs 3-4 months) but think i'll add it, its up to them to come up with dates and proof of payments.

 

Might even write them a thank you letter, managed to get the whopping five and a half stone i put on during my pregnancy off already and i know theirs involvement was the biggest helping hand. Back in my size 10's.

(every cloud....)

 

I'm am going to try and do my defence today will let you know, also going to send something similar to the above, the hearing is on 230708 so will send that around the 100708 i think. Oooow its hotting up. I Still might have to pay so i may as well try and enjoy the ride which i am now. Have a good day.

 

PS did you read that that thread (sure i messaged you) that had the claim thrown out after the allocation hearing, it was also with Link, same thing no documents, the judge gave them 7 days to come up with the goods and they didn't, they withdraw the claim.

 

Thanks Goldlady, will give it a go...hope your well, your always there for me thank you so much x