court papers

[billyboymeg]

recieved court papers from mbna owing them £900,but in the process of claiming back unfair charges what do i do?please anyone help?

[Guest Old_andrew2018]

when were the papers issued?

[billyboymeg]

recieved the papers yesterday from court in northampton

[Michael Browne]

but in the process of claiming back unfair charges

What stage are you at with regard to reclaiming charges and how much do they amount to?

[billyboymeg]

still in the early stages os claiming not recieved anything from them yet,but only claiming about£150

[diamondgirl]

Can you post up the particulars of claim from the front page of court docs you received covering your personal details it will help members to advise.

If you cant copy them or scan them just type the details.

DG:)

[billyboymeg]

what details would you like to know dg?

[diamondgirl]

what details would you like to know dg?

 

Usual says particulars of claim its normally on the left hand side of the page - its the part that says what they are claiming.

DG

 

Says something like and the claimant claims etc.,

[billyboymeg]

particulars of claim. the claimants claim is for the sum of 794.67 being monies due from the defendant to the claimant under a regulated credit agreement between the defendant and mbna europe bank limited under reference xxxxxxxxxxxxxxxx and assigned to the claimant on 20th march 2009 notice of which has been given to the defendant. the defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section87(1)of the consumer credit act 1974.the claimant claims the sum of 794.67

[billyboymeg]

any more help please,issue date 27 apr 2009. no idea what to do now

[diamondgirl]

Did you receive anything prior to the court papers from mba?

At the top of the court papers on the left is that filled in as mbna or a DCA? there may be two names and addresses on (one of them says send any docs to)?

Have you acknowledge service of the claim yet to the court as your really need to do that you can do it on the internet it gives you the details on the papers along with a password? It then gives you a bit more time.

I assume you are going to defend the whole of the claim?

Have you done a CCA request to them?

Have you any other letters, DN anything like that from MBNA?

Can you post any of this info up, scan it or digital thro photobucket?

DG:)

[billyboymeg]

thanks for the help dg,had letters from mbna but think i binned them!yes there are 2 names top left of papers one claimant cl finance. the other send documents to hc solicitor.got the details to respond to the claim will do this on internet.should i defend all of the claim?

[billyboymeg]

i have a claims company pursuing this claim should i talk to them about this?will they sort this out with my claim?will they charge me more?sorry but i may sound stupid but really dont know what to do! many thanks bbm

[billyboymeg]

should i respond online now?do i defend all the claim or just part?

[billyboymeg]

cant actually remember signing an agreement what should i do?

[diamondgirl]

You need to CCA CL for a copy of the agreement they have 12 + 2 days to respond and you need to send a £1 PO with it made out to CL write you account no. on the back of it. You need a copy of the CCA to post up for members to have a look at and check it is enforceable.

You also need to send a SAR letter cost £10 PO to mbna this should produce copies of statements, dn and should show any late payments etc., they have 40 days to respond to this request.

Yes defend all the claim because after all you have no information relating to their claim. You just put on the acknowledge that you are defending all.

Just check the claim form I think you have to respond within 14 days that makes around the 11th but just check it out please.

Don't worry you will get plenty of help with everything from the members.

These claims companies I think only deal with you claiming charges.

I'll post you the letters shortly just amend where necessary.

Make sure you send them SD I know it costs more but it ensures they get the letters by 1pm next day.

DO NOT SIGN THE LETTERS just print your name or type it but never ever use your usual signature (digital enhancement and all that.)

DG:)

[diamondgirl]

Sorry I've not been able to post the letters up.

If you go to the main page and click on the right hand side of the posts for debt collection industry it will take you to page that has the link for the letters template you will find the CCA letter and the SAR letter there.

Edited May 9, 2009 by diamondgirl
different post

[diamondgirl]

You can also send this letter to CL

Your Name and Address

 

 

Date

 

 

There Name/Address

 

Dear Sir,

 

Re: Their details/your name/Case No.

CPR 31.14 Request

 

On xxxxxxx I received the Claim Form in this case issued by you out of the xxxxxxxn County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, 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. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defense, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

 

Yours faithfully

 

 

A N Other

[diamondgirl]

Before sending these letters I'll get someone to stop by and check that I have advised you right as I'm still relatively new at this and would not like to think that I might advise you wrong.

DG:)

[billyboymeg]

thanks dg,feeling a bit better now x