Elgrand vs MBNA

[Elgrand]

Hi

 

Just got another SAR back from MBNA and comms list shows that the account was sold to Experto Credite on the 15 Sep 2009 Remedy 24thSep

Couple of things not sure of and would appreciate some answers/comments

 

Before the log shows the account sold, it has the following comms.

 

29/08/09 RMU recall DDA changed to 000

31/08/09 Autoch charge off code a

31/08/09 MBNA acct b61stat chgd from b to o

09/09/09 NOD sent 7/9/9 expires 24/9/9 £total, £arrears. There was no arrears mentioned on the default

 

After the log shows the account sold, it states chqs bank accounts from and to. I guess this is where they have had transactions with Experto ?

 

On their transactions pages, it has

 

14/08/09 CAO fee refund. Don't know what that is

31/08/09 charge off adjustment -£outstanding old account number

31/08/09 charge off adjustment +£outstanding new account number

16/09/09 Zero curbl on sold account -£oustanding old account number

 

Not really sure what all that means but hope someone can explain.

 

Elg

[citizenB]

Elgrand, try and track down, supasnooper or IveGotNoMoney, they might be able to help you decipher those. Other than that, you will have to refer back to MBNA. They are obliged to provide you with the information.

[robbom]

Do you have an update on this post Elgrand? Long time since & I'd like to know how its going for you.

 

Thanx, RobboM

[Elgrand]

Hi RobboM,

 

I have had a couple of letters from Experto.

 

One telling me that I owe them £0000

And one apologising for giving me the wrong account number and please pay us £0000

 

I have ignored them for now and have not heard anything for quite a long time.

 

Thanks Elg.

 

[Elgrand]

Hi,

 

Recently had a claim form come through from Northampton county court.

 

I have sent a cpr 31.14 request to the name and address of the Sols on the claim form for the docs listed in the poc and have given 7 days to comply.

7 days up, so I have phoned the solicitor with the intention of asking when they are likely to comply and requesting more time to file a defence.

 

Question I have now, is that the number provided on the claim form is that of a dca and not the sol's and they are stating that I need to contact them not the sols?? regarding docs.

 

Can someone kindly clarify if this is right.

 

I do not want to run out of time and lose this by default.

[citizenB]

If there is a solicitors name and address for service mentioned on the claim form, then that is who you need to contact.

 

Who are the solicitors and the DCA ?

 

If you had sent your CPR31.14 to the solicitor then they were obliged to pass that request on if they arent dealing with it.

 

I advise you to send a pm to andyorch and ask him to pop in and advise you. You could also try DonkeyB.. he might know

[Elgrand]

Hi cB

 

Thanks for the quick response.

 

I am holding back from saying who the sols and dca are for the moment as I am awaiting a call back from the dca and want to here what they have to say first.

 

My understanding was the same. The sols name and address on the claim form is where I sent my letter and who I believe I should be dealing with. I have confirmation that they received my request and I now have their number. I will call them a little later and see what they have to say as well.

 

Thanks for the advice about the pm's.

 

I will update later

 

Elg

[Elgrand]

Just checking cB

 

The sols name and address is in the box where they say.

Address for sending documents and payments and that is where I sent my CPR request, not the claimant is that correct.??

It is signed by the Solicitor in the claimant's solicitor box.

Elg

[AndyOrch]

Hi Elgrand

 

I will have to come back to you later with regards to this. All requests and communication should be through the Solicitor handling the claim on behalf of their Client.

 

Andy

[Elgrand]

Thank you Andy.

 

I will update again after the DCA has come back to me.

[DonkeyB]

Subbing

[Elgrand]

Hi.

 

After waiting nearly 4 hours for a response from the dca with no joy, I decided to phone them and here's what they have to say.

 

They do not have to send me the docs because I have not sent them a pound with my request??

 

So this is my situation.

 

Received a Last letter before legal proceedings from IND

I responded to that letter, and the response was ignored

 

Received a claim from Northampton.

Claimant (Varde)

Sols (Hegarty)

Done a AOS online defending all the claim

 

Sent a cpr 31.14 letter to Hegarty who are the solicitors acting for the claimant (Varde) and who have signed the claim form

 

7 days over.

 

Called who I believed to be Hegarty as this number was attached to their address on the claim form with the intention of speaking to them and asking when they are likely to comply.

IND answered the phone claiming all correspondance was to go through them. I questioned that, asked a few more questions and was told they would get back to me.

 

In between I got the number for Hegarty, called them and was rudely told to contact IND. The lady who answered the phone flatly refused to let me speak to anyone else and eventually put the phone down on me.

 

4 hours later I have called IND to be told, they have my letter addressed to Hegarty and I need to send them a pound. I asked who it was that had made that decision and was told it was their legal department as they beleive my request to be a section 78.

 

Elg

[AndyOrch]

God help us if we get to trial they don't know the difference between a CPR and a section 77/78:madgrin:

[DonkeyB]

Idiots. Simply tell them in writing that they are OBLIGED to respond to a CPR request and that there is no cost to you. Warn them that you will apply for a court order compelling disclosure or alternatively for a strike out. Only call if you can record your calls.

[DonkeyB]

Do point this out to them - it proves you are trying to resolve matters and that the numpties are being obstructive.

[Elgrand]

Thank you andyorch and DonkeyB.

 

I will update and let you know how it goes.

 

Elg

[miss muppet]

The guys are so right Elgrand, I just won a set aside against Capquest on this very point, had sent CPR 18 request to their Solicitors and Capquest had asked for £10 as it was a Subject Access Request. Judge was not amused!

[Elgrand]

Hi miss muppet.

Thank you.

 

It was very frustrating not being able to speak to the dca legal department and questioning them as to why they beleived that this was a cca request? At least this confirmed that the sols had passed on the letter and they cannot deny they had it.

 

Just got a couple of things to add and ask.

 

Claim issued on the 02nd/08

deemed service 07th

aos (online) received 10th

 

CPR request sent 10th signed for on 11th

 

So I have 28 days from day of service leaving my deadline 03/09 to put in my defence.

 

Do you think the best course of action now is to write to them attaching the original request and pointing out they are obliged to comply, given them a three day deadline.

 

And if no compliance file an N244 for a strike out or unless order.

 

I have the situation that the sols will not speak to me and it has the dca number on the claim form, so would it be best to send correspondance to both the sols and dca.

 

Or have I left it too late and go straight for the N244?

 

Donkey.

I do record the calls using the trucall system and I asked the sols secretary if they recorded their calls as I would be using it as evidence and she said, I don't think so.

 

Thanks

 

Elg.

Edited August 21, 2011 by Elgrand

[miss muppet]

Hi Elgrand, refer to posts 131 & 139, it is the solicitors who have brought the claim so stop trying to communicate with the DCA, the way they are behaving is all the grist to the mill for you and will show them up in court - with regard to the strike out, you could do this but personally I wouldn't be spending my hard earned cash, let them continue and tie themselves up in knots!

[miss muppet]

One thing I forgot to add to the previous post is that its much too early to be thinking about a strike out, you haven't even got your defence in yet or received theirs. Please have a look at some of the MBNA threads regarding court action, I used Staying Calm's thread when putting together my defence, you need to be reading up as much as you can.

[Elgrand]

Hi miss muppet

 

Thanks for your help, I believe I have found the thread you mentioned

 

I am starting to get a bit anxious now.

 

I have been following the thread Important if your being sued and have tried to put into practice some of the advice that has been given.

I have sent the cpr 31.14 and have been ignored by the sols.

I don't believe that another letter will get them communicating with me, but I guess I need to send it anyway, so I can add to the non compliance.

As for the N244 I don't believe I have any other way of getting an extension of time to file my defense, which I will need as they have not supplied me with the docs listed in the poc's and I have always disputed with the oc the oustanding amount they claim I owe, so I also need to know how they have come to that calculation.

 

I am not completley sure of the deadline I have to put in my defense, so I think it would be a good idea to call the court and ask.

 

hopefully I am on the right track, but If I'm not, I really would appreciate some more advice.

 

Elg.

[AndyOrch]

You can make application to force the CPR15.5 but at a cost £45.This is because the claimant is not willing to comply or confirm in writing.

This in it self is a great error on the part of the claimant and will be seen as frustratiing matters and not complying with the CPR and PDs.Within the application you would also request disclosure and steer the DJ to making an " Unless" order which in essence will be a strike out of his own accord.

Just something to consider Elgrand.

 

Regards

 

Andy

[Elgrand]

Hi Andy,

 

I was just going to write something in reply, when the post dropped through my letterbox and in it was a letter from IND not the Sols.

I will post it up soon and the copy of the application form they also sent.

 

Elg.

[Elgrand]

Here is the letter that IND have sent despite saying they wanted a pound. and not from the sols.

Edited August 22, 2011 by Elgrand
wrong size image

[Elgrand]

Copy of the barely legible agreement available on post 33

Edited August 22, 2011 by Elgrand
too small to read