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    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
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MBNA - Let battle commence / **DISCONTINUED**


Mightyacorn
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http://www.consumeractiongroup.co.uk/forum/legal-issues/218054-mbna-help-needed.html posting #35 is a copy of my 8000 character defence. Royalblue just did there defence too a couple of days or so ago. As CB says chop & change any of these defences to suit.

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In the Northampton County Court

 

Claim number

Between

 

CL Finance Lt - 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 CL Finance Ltd.

 

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. Prior to the issue of the claim, the defendant had repeatedly requested information from MBNA Europe Bank Ltd most latterly via a Subject Access Request and when no response was received a Letter before Action was sent.

 

5. It has been confirmed via the Royal Mail Website that both letters were received and signed for and confirmation has been obtained from the post office.

 

6. On receipt of the claim form the defendant sent a request to the claimant for a copy of the agreement which forms the basis of this claim. The claimant’s solicitor refused to provide the information unless forwarded the payment of £1.00 to them.

 

7. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof

 

8. I respectfully request the court’s 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

 

I have amended the defence to suit, and would like it checked over please before I submit.

 

With regards to the Default Notice issued by MBNA on 8th May, 2009, yet account closed - on their own admission - and sold on 19th May, 2009 to CL Finance, is their any action I can and should take ?

Edited by Mightyacorn
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  • 1 month later...

Nice letter received from MBNA telling me where I've gone wrong in assuming my agreement with them is not enforcable :-

http://i461.photobucket.com/albums/qq331/mightyacorn2008/MBNA-information0004.jpg

 

and the reasons why :-

http://i461.photobucket.com/albums/qq331/mightyacorn2008/MBNA-information0002.jpg

http://i461.photobucket.com/albums/qq331/mightyacorn2008/MBNA-information0003.jpg

 

They are so helpful aren't they?

 

I mean look at para 3, they actually state they are allowed to reconstitute an agreement, and this would be regarded as a "true copy" under Section 78.

 

 

First statement in Para 4 is shot down straight away "is signed by both of us" there isn't even a signature box for them !!!!

 

Also arrived in post is AQ could someone assist me with it please?

 

Thank you

Edited by Mightyacorn
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Some useful threads when needing help filling out Allocation Questionnaires.

 

Link Financial County Court Summons - N150

 

Directions for N150 or N149 Allocation questionnaire - PT2537's guide to N149 & N150 AQ's

 

Allocation Questionnaire...Urgent help needed please!!! - N150

 

Court papers received- what now??!!**WON**CASE DISMISSED - N149 (with draft order for directions)

 

upto the eyeballs v CL Finance No CCA IN COURT ** Help ** - N150

 

The dreaded court claim came today... - N150

 

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Looking through templates for completion oif Allocation Questionnaires I find this directive, could anyone tell me if it has any credance please :-

"Section G - other information

1. It is requested the court give consideration to using its case management powers pursuant to part 3.4 of the Civil Procedure Rules to strike out the claimants claim for failing to comply with the requirements of inter alia part 16.2(1) (d) and fails to comply with the requirements of practice Direction 16 in so far that it fails to comply with point 7.3 which states:-

7.3 Where a claim is based upon a written agreement:

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing,

The claimant failings to supply this documentation has placed me at a serious disadvantage, especially when it is considered that the credit agreement must comply with the Consumer Credit act 1974 and the Consumer Credit (Agreement) regulations made under the act. The consequences of the document failing to comply with the regulations and the Act can render the agreement unenforceable even by the honourable court."

I can only find it on one of the templates.

 

Advice please.

Edited by Mightyacorn
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Yes, if it applies to your circumstances, MA. Put "Draft Order" in the search bar or look for other allocation questionairres.. You need to tailor your requests for your own personal circumstances.

 

Are there any other documents that you require.. AQ time is the tme to ask for them.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Wrote to MBNA asking for SAR from 30th April, 2009 and they sent the following:-

 

http://i461.photobucket.com/albums/qq331/mightyacorn2008/MBNA/MBNACommsLog.jpg

http://i461.photobucket.com/albums/qq331/mightyacorn2008/MBNA/MBNACommsLog0001.jpg

 

Can someone be good enough to translate it, and also tell me the implications please.

 

What exactly does 'charge-off Code A' mean?

Notice of Default sent 08/05/09, can they legally sell on to third party, on 19/05/09?

 

Could someone advise please.

Edited by Mightyacorn
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MBNA have terminated your account on the 30th April and then sold it to The Lewis Group on 19th May.

 

For an MBNA member of staffs' description of "Charging Off", have a look at the link below.

I'd advise printing off a copy for your records ;)

 

 

img011.jpg picture by paulbaxter009 - Photobucket

 

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MBNA have terminated your account on the 30th April and then sold it to The Lewis Group on 19th May.

 

For an MBNA member of staffs' description of "Charging Off", have a look at the link below.

I'd advise printing off a copy for your records ;)

 

 

img011.jpg picture by paulbaxter009 - Photobucket

 

 

Sorry Snoops,

All i can see on that link is a letter indicating that the account will be charged off and sold to another company, I can't exactly see a description of 'charging off'....or have I missed something?

 

Can they sell it off within the Default Notice time, they gave me until 25th May, to put things right?

 

MA

Edited by Mightyacorn
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Sorry Snoops,

All i can see on that link is a letter indicating that the account will be charged off and sold to another company, I can't exactly see a description of 'charging off'....or have I missed something?

 

MA

 

Look at the final sentence in the first paragraph ..it describes what happens when the account is charged off

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Sorry Snoops,

All i can see on that link is a letter indicating that the account will be charged off and sold to another company, I can't exactly see a description of 'charging off'....or have I missed something?

 

Can they sell it off within the Default Notice time, they gave me until 25th May, to put things right?

 

MA

 

They shouldn't have sold the debt before the date to rectify...............but we are talking about MBNA here, who think they don't have to comply with UK law.

Fortunately for you, you could argue that it is an unlawful recission of contract by MBNA. ;)

 

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Look at the final sentence in the first paragraph ..it describes what happens when the account is charged off

 

Yes, I can see that "When the amount is charged off .... etc." perhaps I am looking too deep here. Does this mean, for instance, that they could charge it off say in January, 2009 and sell it on in March 2010? or is there some of of rules governing this course of action? Does it have to be done within a time limit?

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They shouldn't have sold the debt before the date to rectify...............but we are talking about MBNA here, who think they don't have to comply with UK law.

Fortunately for you, you could argue that it is an unlawful recission of contract by MBNA. ;)

 

 

Thanks Snoops, could you point me in the direction of which law? Is it part of Setion 87 CCA 1974?

 

MA

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The point I'm making about an account being "charged off" is that the account is terminated.

 

Once an account is terminated, they cannot send any further DN's which may show a corrected date to rectify. Your DN is dated 8th May(probably sent by UKMail) stating a date of 25th May to rectify. To be effective the DN should have given you until 28th May but MBNA have shot themselves in the foot as they cannot send you a corrected DN.

 

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The point I'm making about an account being "charged off" is that the account is terminated.

 

Once an account is terminated, they cannot send any further DN's which may show a corrected date to rectify. Your DN is dated 8th May(probably sent by UKMail) stating a date of 25th May to rectify. To be effective the DN should have given you until 28th May but MBNA have shot themselves in the foot as they cannot send you a corrected DN.

 

I think the penny is beginning to drop. The account was terminated (charged off) on 30th April, 2009, they sent a DN 8th May, 2009, sold the account on 19th May, 2009, therefore the DN is NOT valid and they have therefore NOT complied with the law and will form part of my defence.

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I think the penny is beginning to drop. The account was terminated (charged off) on 30th April, 2009, they sent a DN 8th May, 2009, sold the account on 19th May, 2009, therefore the DN is NOT valid and they have therefore NOT complied with the law and will form part of my defence.

 

Yep :lol:

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...
mauricetura has asked for help as follows:

 

'The action has been passed to lawyers now and first hearing in the

courts was last week. If people want to stop MBNA harassment there is

1 month with which to contact me with detailed witness statements of

harassment and specifically calling family members, colleagues etc on

phone numbers that MBNA has automatically collected through their

telephone system without express permission.

This really is the last chance to make a stand - and perhaps the forum

should recognize the financial risk I have taken to bring MBNA to

account. So some support would be welcome.

If you would make some posts to this effect I would be grateful.'

 

He has taken it upon himself to take court action and, to reiterate, what he is looking for is as many witness statements as possible to back his case against MBNA for harrassement.

 

Please PM me and I will put you in touch with him by email if you are willing to help.

 

Exchange

 

Much as I would like to assist Mauricetura, my dealings with MBNA do not involve harassment, quite the reverse in fact, I can't get them to cooperate.

 

I wish Maurie every success with the action, and if I can help in any other aspect I am more than willing to do so.

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To add some balance to what may otherwise look like a suspicious situation, I have met mauricetura and know the situation to be genuine.

The site team are cautious, deliberately, when it comes to revealing your details to a third party via PM's.

Their view is that they do not want to risk putting anyone in a vulnerable position so the posts were cagbotted.

It is a pity as support for this action could make the difference between a successful outcome or a disaster, i.e. in that mauricetura may have to pay costs if he loses.

I don't know what the way around this is to keep everyone happy, but there doesn't seem to be a way of supporting someone collectively via this site in the courts.

If anyone has any ideas, please feel free.

Will I be cagbotted again?!

Exchange

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  • 2 months later...

So I sit and wait, nothing received by 3rd February, and not being one to rush things I wait until after the 17th February when CL should have paid their £150, I was then going to check with the Court on Monday 22nd, and if they had received nothing I was going to write to the Court asking for the case to be struck out.

 

Then out of the blue came :-

mbna hc discontinue.jpg

mbna hc discontinue0001.jpg

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