Re: Me vs MBNA court case looming help please / **DISCONTINUED**

[Mr Happy]

Hi, dont bother with the Subject Access Request for the moment, suggest you do the CCA request Do Not sign the letter just type your name, enclose £1 PO not a cheque, send by recorded keep the reciept (cost about £1.40).

 

Now to the court claim, a few questions,

 

what is the date of issue on it?

can you post up or type out the Particulars of Claim word for word (minus anything which might identify you)?

have you ever had a Default Notice for this account?

 

 

The claimant claims payment of overdue balance due from the defendant under a contract dated on or about 18/9/1997 in the sum of 21657.75 inclusive of interest to the date of this summons at 8% per annum from 04/11/08 to 13/11/08.

 

Particulars a/c no: XXXXXXXXXXXXXXXXXXXXX

 

Date Item Value

04/11/2008 Default balance 21657.75

Post Refrl Cr NIL

 

13/11/2008 Interest 42.64

Total 2.657.75

 

Together with Interest pursuant to s69 county courts Act 19 at the rate of 473.76 per day to the date of Judgement or sooner payment.

 

I have copied this from my previous post on this thread.

 

Date of Issue 14 Nov

 

CCA went 26th November

 

Do I need to do anything after acknowledgement of service, I have a receipt when I did it, will the courts contact me any other way or do I need to watch my time schedules closely?

[tiokim]

I don't think you should wait for your CCA request. I doubt they will respond in time since this is no longer an ofence to respond after 30 days. I think your best tool is to send a CPR 31.14 requesting the information you need( your contract is the most important)

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

have a look at link above, they are obliged to suply this request within 7 days and is free, just the cost of a recorded letter £1.08

[Mr Happy]

I have already sent the letter mentioned at the end of that link, they sent it back saying.

 

Ref Blah Blah Blah

 

 

We hereby return your document dated 20 November 2008,

 

It is not our policy to respond to unsigned, draft documents

 

Yourrs faithfully

Big squiggle.

 

I will keep the original letter as proof of their help to bring this situation to a satisfactory conclusion, not sure if it will help my case or not, I will send another copy requesting the information and print my name in ink, I will mark the letter final release not draft, see if they understand that.

 

Does that sound fair? if not any better wording that may help?

[creditcardmug]

Ok, andy doesn't seem to be about at the mo, you say you have acknowledged service saying you intend to defend all of the claim.

 

In that case you have until 17th Dec to file your defence.

 

Without reading back thro the thread can you answer a few questions, then we can try to formulate a defence.

 

Who is the claimant at the top of the claim form, MBNA or someone else?

 

Have you ever had a Default Notice from them? if yes can you post it up(1st remove anything which could identify you).

 

Can you post up a copy of that letter you sent the solicitors (as sent) (again no personal details), and have you still got the postal receipt for it and the one for the CCA request?

[Mr Happy]

Ok, andy doesn't seem to be about at the mo, you say you have acknowledged service saying you intend to defend all of the claim.

 

In that case you have until 17th Dec to file your defence.

 

Without reading back thro the thread can you answer a few questions, then we can try to formulate a defence.

 

Who is the claimant at the top of the claim form, MBNA or someone else?

 

Have you ever had a Default Notice from them? if yes can you post it up(1st remove anything which could identify you).

 

Can you post up a copy of that letter you sent the solicitors (as sent) (again no personal details), and have you still got the postal receipt for it and the one for the CCA request?

 

 

The claimant is MBNA Europe Bank Ltd

 

Unfortunately I am unable to post readable scans my limits are very restricted but I will try, I will try to attach a pdf see if that works.

 

I am sure I have a default but I will need to locate it, I will come back when I have it.

 

 

I keep all postage receipts and copies of letters.

x20cgacopy.pdf

[creditcardmug]

Ok the pdf worked fine, seeing the DN is pretty crucial really, because most of them are flawed, and this would go in your defence.

 

The CPR letter you sent is good, and their reply will not look good to the court.

[FunkyFox]

Very interesting that they have completely disregarded your 31.14 request & what the hell do they mean by a 'draft document'?. I would be interested to see what x20 has to say but I would be perhaps inclined to apply to the court for an order to force them to either comply or admit they don't have one. Perhaps a very to the point reminder of their obligations under CPR first with 5 days to respond before you make the application.

 

Juust a thought.

[creditcardmug]

Very interesting that they have completely disregarded your 31.14 request & what the hell do they mean by a 'draft document'?. I would be interested to see what x20 has to say but I would be perhaps inclined to apply to the court for an order to force them to either comply or admit they don't have one. Perhaps a very to the point reminder of their obligations under CPR first with 5 days to respond before you make the application.

 

Juust a thought.

 

Hi FF, yes i thought the same, however was reluctant to suggest it considering the OPs dire financial circumstances (see above posts), thanks for raising the idea of an application though.

[Mr Happy]

I am unable to locate the default yet but I have piles of paperwork to search through.

 

I have a new 6 month job contract so finances will not be so bad shortly.

 

CCA request hasn't come through yet it was sent on the 26th Nov so they have a few days yet.

 

Any suggestions how to proceed so far or just wait for CCA or me to find the default.

[creditcardmug]

Yes try to find the DN, but remember the date for filing your defence, bump this thread at least 6 days before that...because you must not miss that deadline...if you really cant find it just let us know, in your defence you can put them to strict proof that they ever sent it.

[banker_rhymes_with]

Hello Pi-Stoff!

 

I am unable to locate the default yet but I have piles of paperwork to search through.

 

Give it your best shot to find the Default Notice, becuase arguably the three Documents that matter are as follows:

 

The Agreement.

 

The Default Notice.

 

The Termination (via Letter or via their Action if asking for the Balance not otherwise due before Termination).

 

If either of the first two are flawed, this could win it for you if they have also Terminated.

 

Don't worry about the rest of the bumf, try to find the Default Notice if you can.

 

Why are you still reading this? You should be looking by now!

 

Cheers,

BRW

[Mr Happy]

Time is running out and I can not find the default, I will continue to search but something needs to be sorted quite soon, I have had no CCA after my request.

[creditcardmug]

Here is one way of going about it...what are your thoughts on this one?

 

 

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.

 

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

 

Statement of Truth

 

 

I xxxxxxxxxxx, believe the above statement to be true and factual

 

 

Signed .....................

 

Date

[SB100]

whoa!!! excellent!

[Mr Happy]

CCM I am not sure what it means in the eyes of the law but guess it is an acceptable defence, has anyone else any comments regarding this or other options, not doubting that is is good just after a bit more reassurance, after all it is a big step.

[Mr Happy]

Bump

[banker_rhymes_with]

Hello Pi-Stoff!

 

CCM I am not sure what it means in the eyes of the law but guess it is an acceptable defence, has anyone else any comments regarding this or other options, not doubting that is is good just after a bit more reassurance, after all it is a big step.

 

It looks OK, after all, they are the ones taking you to Court, so it seems only reasonable that they should've outlined clearly upon what basis they were doing it, including copies of the relevant Documents to support their Claim.

 

Try and get other opinions, as always, and preferably from those on CAG who have some Court experience and/or legal training (that ain't me by the way).

 

Cheers,

BRW

[Mr Happy]

Its a bit scary being given advice on what to do and there is a sudden absence of feedback when the day of reckoning is near.

 

Anyway CCM I have used your suggestion, wish me luck.

 

Should I do anything about the failure to supply a CCA within the time scale or just wait and see what happens at court.

[creditcardmug]

In the defence you have asked to be allowed to submit an amended defence should the claimant provide you with full details of the claim.

 

If the claimant goes ahead then this is when you can attack each and every point made.

 

I suspect the lack of further feedback has a lot to do with the fact that the POC is so vague, that there isnt much to comment on, until the case moves forward.

 

The CCA request, well they cant be bothered/dont have it?...something else to go into your amended defence..it wont look good on their part

 

Good luck, but with all the available help on here i dont think you will be needing too much of it.

[Mr Happy]

I have received a card priority request from MBNA today, the front page is clear and the reverse (Financial and related conditions) is smaller text and a little bit more difficult to read but looks equally valid.

 

Is this my trump card gone?

 

copy as a pdf

[angel_1]

I have received a card priority request from MBNA today, the front page is clear and the reverse (Financial and related conditions) is smaller text and a little bit more difficult to read but looks equally valid.

 

Is this my trump card gone?

 

copy as a pdf

 

 

Hiya P-stoff, have sent you an urgent pm pls read quickly laters angel x

[SB100]

you need to edit that as your name and address are showing

[Mr Happy]

Hi thanks for the heads up.

 

I have removed the address and name, I can imagine all the debt counselling information going to that address, we moved out of there 8 years ago so I bet the current occupant wonders what hit him.

mbnaccanoad.pdf

[creditcardmug]

Hi thanks for the heads up.

 

I have removed the address and name, I can imagine all the debt counselling information going to that address, we moved out of there 8 years ago so I bet the current occupant wonders what hit him.

 

Did you receive this as a result of your CCA request?, they don't stand a chance if they are going to use that as an agreement in court.

 

What date did you file the defence?

[Mr Happy]

It would appear to be a reply to me CCA request.

 

My defence was filed on the 16 December.