cupcake68 Vs Virgin **DISCONTINUED**

[cerberusalert]

Do I have to send a fee with this letter?

No it's free.

I take it in the meantime I complete the AOS to the court?

Yes

ps it is Northampton county court bulk centre if that makes any difference?

No

 

What did they state in their POC? oops, just seen it;

POC "The Claimant's claim against the defendant is for the amount due and unpaid as at today's date under a regulated running monthly credit account"

They honestly can't believe that's adequate?

[cupcake68]

Thank you

 

Cupcake

[cupcake68]

Hi

 

I have not had anything back from Alpins yet I know I need to fill out my intention to defend on my AOS.

 

Is there anything else I should be doing at this point?

 

Thanks

 

Cupcake

[cerberusalert]

No, just notify of your intention to defend.

[cupcake68]

Thank you

 

Cupcake

[cupcake68]

The Issue date was 23rd June so I have to file my defence by 28th July?

 

How long should I leave it to hear from Aplins?

 

Thanks

 

Cupcake

[cupcake68]

Still nothing from Aplins!!

 

Cupcake

[diddydicky]

i would write to alpens and tell them that their particulars of claim are vague and insufficient for you to prepare a defence, give them 7 days to re submit the claim failing which your intention will be to apply to the court to have the claim struck out

 

if they dont reply in 7 days then file an embarrased defence of just a couple of lines along the lines quoted above

 

ie: you cannot prepare a defence as the particulars of claim are vague and you do not know the case you have to answer and that the claimant has failed to respond to a request for further particulars

[diddydicky]

also you need to now understand that the court rules the roost-not the claimant- so do not concern yourself with waiting for the claimant to respond- just make sure you keep to court timetables and keep copies of all letters to the claimant for the court

[cupcake68]

Thanks DD

 

I have sent a letter as you suggested to Aplins. I have also forwarded a copy of the letter to the court so that they are aware of the situation.

 

I will wait until nearer the 28th to file my defence to see if they reply this time.

 

Thanks for your advice

 

Cupcake

[cupcake68]

No response so far from Aplins!

 

I'll leave it until tomoroow to see what comes in the post but if nothing then I will file the embarrassed defence as suggested by Diddydicky.

 

Does this sound correct?

 

Thanks

 

Cupcake

[cupcake68]

Nothing in the post so going to file my embarrassed defence as advised.

 

Cupcake

[cerberusalert]

[cupcake68]

Thanks CB!

 

This is my first defence!

 

Is there anything I must include? Protocol etc?

 

Cupcake

[diddydicky]

AMMEND TO SUIT (XXXX)

++++++++++++++++++++++++++++++++

 

Claim Number:

 

Between

 

MBNA Europe Bank Limited Claimant

 

And

 

Defendant

 

Defence

 

1. I, ......................... ......................... ........, am the Defendant in this action and make the following statement as my defence to the claim made by MBNA Bank Europe Ltd.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof.

 

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-

 

4. 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 Court’s 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 contracts 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 contracts 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 for

 

5 . On XXJuly 2010 the Defendant submitted requests under (CPR 18 and CPR 31.14) via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. The claimant did not respond

.

On XXJuly 2010 the Defendant submitted a further requests under (CPR 18 and CPR 31.14) via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. The claimant again did not respond.

 

6. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents.

 

Statement of Truth

 

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

 

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

[cupcake68]

Thanks so much DD

 

No doubt I will be an expert at this before long!!

 

Cupcake

[cupcake68]

Just amending your defence and notice this part

 

On XXJuly 2010 the Defendant submitted a further requests under (CPR 18 and CPR 31.14) via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. The claimant again did not respond.

My second letter actually asked them to re submit within 7 days or I would file for it to be struck out.

Do I actually put that?

Thank you!!

Cupcake

[diddydicky]

Just amending your defence and notice this part

 

On XXJuly 2010 the Defendant submitted a further requests under (CPR 18 and CPR 31.14) via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. The claimant again did not respond.

My second letter actually asked them to re submit within 7 days or I would file for it to be struck out.

Do I actually put that?

Thank you!!

Cupcake

 

yes, you need to alter anything that needs altering to fit your circumstances

[cupcake68]

Thanks for your help guys!

 

Defence all done.

 

Aplins 7 days are up very soon, do I give them a little extra time or just apply immediately?

 

Cupcake

[diddydicky]

no- when the seven days are up- write and give them another seven or 10 days to respond and ask them to advise you of any reason why they will not or cannot comply

 

you have to be seen to have bent over backwards

 

inviting them to inform you if there is any reason why they cannot/will not comply puts them in a very difficult place if they fail to respond

Edited July 28, 2010 by diddydicky

[cupcake68]

Thanks again DD!

 

I will do that

 

Cupcake

[littlebert8]

Subbing.

 

I'm struggling with the same POC from Aplins for Hillisden on a former MBNA account. http://www.consumeractiongroup.co.uk/forum/legal-issues/266553-bos-mbna-hilisden-dlc-3.html

[cupcake68]

Hi LB

 

I will keep this thread updated and keep an eye on your thread too.

 

I am giving them until early next week to reply and if nothing I will write again as advised by DD.

 

Good luck

 

Cupcake

[cupcake68]

Hi guys

 

I have had no response again from Aplins.

 

I need to write again.

 

Do I just tell them that they have failed to respond to my previous two letters and if I do not hear from them by ..... I will be asking the court to strike the claim out?

 

Thanks

 

Cupcake

[cupcake68]

Hi Guys

 

I received a confirmation from the coursts that they had received my defence at the end of July.

 

In it they said a copy was being served on the claimant and that they then had 28 days to to contact the court and after that the claim will be stayed.

 

Today I have received a letter enclosed an AQ for me to fill in by 20th Sept. It just says a defence to this claim has been received and they have transferred it to my local court.

 

Should I contact the court about getting it stayed or does this mean they have finally responded and I did not receive something?

 

Thank you

 

Cupcake