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experto claimform - Mbna- Virgin Card ***Claim Discontinued***


Dotty50
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Thanks Underdog,

 

Got no CCA from MBNA in 18 months, DN not enough time and sold before expiry date, which they have denied but SAR reveals different. Unlawful rescission accepted.

 

Hillesdens produced a copy from years ago which is unreadable, no T & C's from inception!

 

Will that do for starters?!

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Thanks Underdog,

 

Got no CCA from MBNA in 18 months, DN not enough time and sold before expiry date, which they have denied but SAR reveals different. Unlawful rescission accepted.

 

Hillesdens produced a copy from years ago which is unreadable, no T & C's from inception!

 

Will that do for starters?!

 

I should hope so Dotty. :-)

 

If I were in your shoes, I think I would point out their errors (without revealing too much) and offer a low settlement figure - making sure they agree to write off the remainder and not to sell the remaining debt on to anyone else.

 

Again, best of luck to you.

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That may be an idea, in view of some of the judges people are getting, I really don't want to end up in court, I would be a jibbering wreck!

 

Forgot to add, of course that MBNA recently wrote stating that they couldnot produce the agreement and therefore no legal action could be taken whilst they were in breach of this! Why they sent this almost 12 months after selling the debt, is beyond me!

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Hi

 

Any Caggers out there done their xmas shopping and have some spare time to assist me please?

 

Here is my original thread http://www.consumeractiongroup.co.uk/forum/showthread.php?201854-Mbna-Ex-Hfc-beneficial-sold-to-Hillesdens-dlc but brief details are as follows:-

 

CCA applied for in April 2009, no response at all, account then put into dispute, still no response. I wrote several letters and even spoke to someone who promised to answer my s78 request but it was never done!

 

Account sold to Hillesdens earlier this year before the remedy date on the DN, which was 1 day short. Unlawful rescission accepted to both MBNA and Hillesdens.

 

Hillesdens eventually produced this CCA http://www.consumeractiongroup.co.uk/forum/showthread.php?201854-Mbna-Ex-Hfc-beneficial-sold-to-Hillesdens-dlc&p=3129789&viewfull=1#post3129789

 

I did respond to Aplins lba asking for a legible copy and t & c's and wrote to Hillesdens asking for the same, not had an answer from either yet.

 

I have read many threads in the legal forum but of course when it's your turn, mind goes completely blank and panic mode sets in!

 

I guess they send them at this time of the year hoping that you have little time to respond and they end up getting a judgement by default.

 

First thing is to acknowledge the claim online?

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

 

I have done the acknowledgement online.

 

28 days to file a defence?

 

I will really struggle with this, I can read such a lot but it doesn't seem to register. Must be my age! :wink:

 

Do I request documents under CPR from the solicitors?

 

Just added this link for my own reference

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here&p=2871965&viewfull=1#post2871965

Edited by Dotty50
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Hi Dotty50, I have quietly been following your threads and posting on this one now to give it an early morning bump to get you noticed, I hope. I can't be much use to you as I haven't had any legal action taken against me but I'm sure some of the more experienced caggers and the site team will soon catch up with you.

Best of luck with your battle, which from what I have read should be no problem as the evidence you can produce should mean MBNA have no chance, but we both know how the judiciary are so biased towards lenders (i.e. banks!) so I hope you can get a what you would consider a satisfactory result before it goes near a court room.

Exchange

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Time limits are critical in any claim and 95% of all claims are successful on the misunderstanding of how the process works.Claims once submitted and if defended are allocated into tracks dependent on the value of the claim.SCT Small claims FT Fast Track and MT Multi track.I would envisage that yours would fall into the fast track (loverr 5k).

bad on costs and good on disclosure and very much steered by the DJ dealing with the claim.

Also restricted to the use of the CPR so try not to complicate this matter.

If the Claimant wishes or as to change the P.o.C there is a process which will impact on your time to A.o.S.They have to request the permission of the Court and also inform you the defendent of this change.All this takes time and essentially it is not your concern or your problem.Its their claim!!!

Speaking to Court staff may feel satisfying they say this that and the other and dish out advise which really you should take with a pinch of salt.

I will just outline again the process you have 33 days to act on any claim 5 days deemed served that leaves you with 28 days.Fourteen to AoS (acknowledge service) and a further 14 to submit ones defence.

I will reiterate the only way to stop a CCJ by default is to AoS on time and Defend in full anything else ie partial or dithering will give rise to the Claimant attaining said CCJ after that it will get very messy appealing fighting saying you was told this that and the other by Court staff.

Acknowledge ASAP send the Claimant a CPR 31.16 in the absence of no detailed P.O.C(you can send a CPR 31.14 if and after they amend the P.o.C) request pertaining to the Claim and Defend all.

Once you have done the above sit back relax and let the Claimant sort out what exactly they are claiming,you will be on safe ground and able to prepare your defence.

 

Regards

Just found this very useful post by postggj.

 

I am copying and pasting for ease of reference

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Thanks Ford,

 

Already reading through the one started by PT and will now be ploughing through the other!

 

I will be drafting the CPR 31.14 out later and get it in the post tomorrow. The previous letter I sent to Aplins (not under CPR31) was signed for on 6th December but they have not responded. In fact Aplins have NEVER replied to any of my letters!

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what are your thoughts on doing an 18 request?

 

I don't think it applies because I know what the claim is for, my understanding is that it is used when you receive a POC and you do not know what it is about.

 

As mine states Hillesdens as the claimant, then I cannot say that I don't know what it is for as they have been on my case since January!

 

I think I should also request an extension (CPR 15) due to the Xmas period.

 

Will try and post up what I plan to send, later.

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keep in mind that an 18 request can be done re any 'clarification/information' re any matter in question 'whether or not the matter is contained or referred to in a statement of case'. an 31.14, at this stage, would be re what docs, if any, are mentioned/disclosed in the claim form. their claim form is so vague, is 'regulated running monthly credit account' deemed a document? probably, see 31.4. maybe an 18 also re 'amount due and unpaid' and 'regulated running monthly credit account', and anything else that could be relevant eg DN, Assignment, ppi etc. if they do reply, and state for eg it's re a written cca agreement....., defaulted under.....of the agreement, DN issued...., sold...., etc then an 31.15 request could be done re the then disclosed docs (31.2, 31.3)? what do you think?

imo.

Edited by Ford
typo
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