MBNA - (Abbey & Virgin cards) CCA ??

[guzzleguts]

Thanks for getting back to me MM

 

Just one thing did you change your defence after they said they were going for an SJ.

 

GG

[miss muppet]

No GG, the clue is at the start of my witness statement (in reply to their witness statement) i.e. that it was intended to be read in conjunction with my defence, basically going over all the reasons why it wasen't enforceable.

[citizenB]

Assuming that things progress as planned (without the addition of the SJ) when do you need to have your defence in by and do you have sufficient information at this stage to enter a full defence.

[supasnooper]

Hi gg,

 

Have a look through the data that was supplied from your Subject Access Request.

 

It should list all the financial details of your account in the "comms log" they should have included.

 

It should state when any documents were produced including when the DN's were sent, any statements or DN's produced for Sols and also when they charged off the account (set the balance to zero, in effect, termination).

 

If you haven't got a copy of this, give MBNA 7 days to produce or haul there backsides to court for non-compliance of the Subject Access Request by not producing manual intervention data.

[guzzleguts]

Thanks SS

I will look through it today, and post back.

 

Thanks MM

 

CB i filed my holding defence around the 23rd April

 

GG

[guzzleguts]

Optima are proceeding with their sumary judgment to get my defence struck out, but can anyone tell me can a DN be used as a Termination Notice?

 

And do i now put in a full defence before their apply for SJ, any advice would be great.

 

GG

[steven4064]

What defence did you put in?

 

If you put in a 'holding defence' while you waited for info, you can oppose any SJ on the basis that they haven't provided you with info you need to mount a defence.

 

If you didn't put ion a defence, why not and on what basis are they going for a SJ?

[guzzleguts]

Hi steven

 

Yes i put in a good holding defence, stating that they hadnt supplied anything with the CPR request, and put them to strict proof thereof.

 

Since my holding defence they have supplied me with the same tear off agreement and invalid DN.

 

Their reason for going for an SJ is if i dont ring them with my payment proposal then they will apply to have my defence struck out and apply for summary judgment.

 

I did put in my holding defence that i politely ask the court to enter an amended defence at a later stage if and when CL Finance complied with my request.

 

GG

[steven4064]

You could apply to have their case struck out under CPR 3.4(2)(a)

that the statement of case discloses no reasonable grounds for bringing or defending the claim;

since they have not provided a copy of an agreement enforceable by a court under s127(3) of the CCA 1974 and they did not sent a valid DN as required by ss87-88 of the CCA 1974.

 

Otherwise you could bef up your defence with some of pt2537's stuff sayong how hopeless their case is in the absence of a valid CCA and DN

[guzzleguts]

Thanks again steven

 

Forgive my naivety but do i have apply to have it struck out under CPR 3.4 on An N244?

 

Or if i beef my defence up do i just send a full defence in with a covering letter to the court manager?

 

GG

[steven4064]

Q1 - yes and pay £40

Q2 yes - a full defence sent to the court manager

[guzzleguts]

Thats great news thanks steven, i will start on that this evening

 

GG

[guzzleguts]

steven should i send copies of all related doc's with the N244 and defence.

 

And would you do both or which one would you do N244 or full defence

 

GG

[steven4064]

There is no reason why you can't do both - perhaps that is safer, particuarly as filing the defence costs nothing

[guzzleguts]

Any ideas how to word the application notice IE. what not to put in it, do i send copies of all the doc's and a covering letter to the court manager?

 

GG

[citizenB]

Optima are proceeding with their sumary judgment to get my defence struck out, but can anyone tell me can a DN be used as a Termination Notice?

 

 

 

GG

 

 

Not sure I understand your question. Who wants to use it as a Termination Notice, you or the other side.

 

A default notice will normally say on it somewhere, that they will proceed to termination if you havent coughed up the dosh by the time they have stipulated.

 

If they havent sent you an independant TN, then the fact that they have issued a claim against you is sufficient notice of Termination.

[guzzleguts]

Hi CB

 

Yes they are using the DN as a TN.

I was just trying to work out if i should use the fact that the DN is invalid in my application notice but as you have said its terminated as im at the court stage.

 

Thanks

[citizenB]

You still need to point out the DN is defective and how, but I am pretty certain they cant claim the DN to be both. Even so, if the DN is defective then it is doubly defective as a TN :grin:

[guzzleguts]

As steven has suggested im going to apply for the claim to be struck out ive filled in the N244 and copied all the relevant doc's and written the court manager a covering letter stating the reasons why im applying is there anything else i should do

 

Thanks CB

[guzzleguts]

Application notice sent on thursday, will work on my defence now thanks again steven for your advice.

 

And CB

 

GG

[citizenB]

As steven has suggested im going to apply for the claim to be struck out ive filled in the N244 and copied all the relevant doc's and written the court manager a covering letter stating the reasons why im applying is there anything else i should do

 

Thanks CB

 

Yes, that seems a sensible action to take. In answer to your last question. I dont know, however, looks like you have sent it anyway Fingers crossed:)

[littletot]

subbing

[Reader]

Subbing with interest

[guzzleguts]

Hi steven, CB or anyone

 

My defence was processed on the 23rd April and my N244 was sent on the 14th may, i still havent heard anything yet, no AQ's not even a letter from the court acknowledging my N244, is this normal or are they that far behind?

 

GG

[steven4064]

It depends where you are but it is only 3 weeks yet