Me V MBNA, last credit card

[Mr Happy]

Thanks to everyone who helped with my last case, MBNA are trying it again with my other (Last) card, I am a lot more wise and can deal with this better I just want some confirmation about the various bits and pieces.

 

The default notice is Dated 7th April 2009, and the remedy date is 24/4/9, sent 2nd class as normal, they have started to get their act together by posting earlier in the week the 7th being a Tuesday.

 

(b) in the case of second class mail, on the fourth working day after posting.

Posted on the 7th so starting on the 8th, remedy before the 24th so up to the 23rd.

 

Days that count in red.

Just to work it out for the 14 clear days, 8th, 9th, 10th, sat, sun, 13th, 14th, 15th, 16th, 17th, 18th Sat, 19th Sun, 20th, 21st, 22nd, 23rd.

 

To me this is 14 days, so I am pretty stuffed on that.

[Mr Happy]

The Claimant is CL Finance Ltd this time not MBNA so I assume they are a DCA, proceeding through Howard Cohen and Co. solicitors.

 

I will apply for the CCA from MBNA, its a bit late as the claim was issued on the 18th May but makes it more difficult for them to find on time, they can then choose to either dump the case or ask for more time/stay I guess, confirmation please.

[Docman]

Mr H

 

If CL are claiming, when was the debt assigned to them and did you receive a Notice of Assignment?

[the_shadow]

Ooopss

 

If they sent it 2nd class and you have the envelope then you should have a rectify date of 29th April imho.

 

Sent 7th tues

4 WORKING days for service, Fri 10th and mon 13th B/Hols, no post! so Weds 15th deemed 4th working day for service, then 14 clear calendar days from that.

 

 

S.

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinions. These opinions are based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal or debt related training.

[supasnooper]

Ooopss

 

 

If they sent it 2nd class and you have the envelope then you should have a rectify date of 29th April imho.

 

Sent 7th tues

4 WORKING days for service, Fri 10th and mon 13th B/Hols, no post! so Weds 15th deemed 4th working day for service, then 14 clear calendar days from that.

 

 

S.

 

 

Excellent work...........well spotted.

[Docman]

Ooopss

 

 

If they sent it 2nd class and you have the envelope then you should have a rectify date of 29th April imho.

 

Sent 7th tues

4 WORKING days for service, Fri 10th and mon 13th B/Hols, no post! so Weds 15th deemed 4th working day for service, then 14 clear calendar days from that.

 

 

S.

 

 

 

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinions. These opinions are based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal or debt related training.

 

 

Indeed well spotied. Looks like they forgot about Easter. Shame!

[someone_else]

Looks like MBNA were having an easter sale - my mums card was defaulted the same day, but we got the Default Notice on the Thursday before easter (don't have the envelope to disprove the date) our postman is too efficient

 

If its been assigned to CL Finance, check the date of assignment ours was on the 23rd (within the 14day DN period) and check the Termination date if you can aswell. (Chances are yours may have been sold within the same lot as my mums).

 

Did you send a request off to CLF for documents? We sent them two letters and had no response so far.

[Mr Happy]

Cool, well spotted, thanks for that, in the bag almost then, still lets get the CCA out of the way and I will locate the letter of assignment for your request, if there was one Docman.

 

I am so glad I asked you guys, the smallest missed detail can mean a major difference in the case.

[Mr Happy]

Looks like MBNA were having an easter sale - my mums card was defaulted the same day, but we got the Default Notice on the Thursday before easter (don't have the envelope to disprove the date) our postman is too efficient

 

 

It doesn't matter what the date on the postmark says (there isn't one anyway) It doesn't matter what date you received it either its only deemed served after the 4 full working days after posting for second class, if you kept the envelope it helps, not sure if you need to prove it was sent second class or they need to prove it was sent first class but you should be able to squash the case on that alone.

 

If its been assigned to CL Finance, check the date of assignment ours was on the 23rd (within the 14day DN period) and check the Termination date if you can aswell. (Chances are yours may have been sold within the same lot as my mums).

 

Looking into it

 

Did you send a request off to CLF for documents? We sent them two letters and had no response so far.

 

In the process

 

 

Just goes to show the power of CAG, the ones with CAG will (should) win their cases if DN in the same period, the ones without pretty much unlikely, CAG FTW.

[someone_else]

Well had another look around for any MBNA/Abbey envelopes, couldn't find anything that looks like the Default Notices came in, however I did find three envelopes sent via Royal Mail Second Class; a postcard, a random envelope from 2005 and their response to our latest complaint all Second Class.

 

Statements are sent via UKMail (don't know what there timescales are).

 

So clearly not all letters are sent First class (if any), so should hopefuly get them to prove how it was sent.

[Mr Happy]

Is there a way to cut the carp and tell them they don't have a valid DN, Restons lost their case for £21K last time, their case is doomed to failure can you please forget about me and crawl back under your stone.

[the_shadow]

Is there a way to cut the carp and tell them they don't have a valid DN, Restons lost their case for £21K last time, their case is doomed to failure can you please forget about me and crawl back under your stone.

 

I dont think there is. Have they terminated the account?

 

If they do issue court proceedings then you can apply for a summary judgement on the issue of no valid default notice means no valid case.

 

S.

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinions. These opinions are based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal or debt related training.

[I've got no money]

Is there a way to cut the carp and tell them they don't have a valid DN, Restons lost their case for £21K last time, their case is doomed to failure can you please forget about me and crawl back under your stone.

 

Until they have terminated the agreement you don't want to tell them anything

[someone_else]

Is there a way to cut the carp and tell them they don't have a valid DN, Restons lost their case for £21K last time, their case is doomed to failure can you please forget about me and crawl back under your stone.

 

They don't seem to care whether they have a case or not, we wrote to them saying we'd been told the account had been sold, please provide some documents - their response was they don't know whats happening have no documents but are going to court anyway.

 

I'd make sure you have some proof about the account being terminated before telling them their DN is invalid.

 

You can then tell them they don't have a case, and if it goes to court tell the court you told them they didn't have a case but they went to court anyway.

[Mr Happy]

I am in a situation where I need to submit my case to the court shortly, Do I go for the invalid DN now or try to get them to supply a valid CCA, I have sent the letter asking them to supply the details and they said they do not need to.

 

I have a defence that I used last time thanks to Creditcardmug

 

Between

xxxxxxxxxxx- 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 xxxxxxxxxxxx

 

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

 

5. I respectfully request the courts 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

 

 

Is this still valid for this case

 

Particulars of claim

 

 

The claimants claim is for the sum of $$$.$$ being monies due from the defendant to the claimant under a regulated credit agreement between tee defendant and MBNA Europe Bank Ltd under reference ************* and assigned to the claimant on 23rd April 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 pursuant to section 87(1) of the consumer credit act 1974.

 

The claimant claims the sum of $$$.$$.

[someone_else]

Is this the initial defence, through the online thing after submitting the AoS?

 

You may just want to keep it simple short and simple at this stage - they refused to send documents.

 

Hit them with the DN if they actually provide a copy of the agreement.

 

At least you actually got a response from them, we haven't heard anything yet.

 

It also appears your Particulars of claim are identical to ours, you may also want to get a copy of your credit file, as we found something surprising on my mums.

[Mr Happy]

Bump

[the_shadow]

Hi Mr Happy, that looks fine to me, if they havent supplied the docs required then I'd put that in the defence too. Did you do CPR letters?

 

S.

[Mr Happy]

They sprung a last minute witness statement on me received 12/12, I have a court hearing on the 17th, I have determined that the default notice is invalid, I have a copy of a CCA which looks very clear but not sure if it is valid, I have little chance to prepare my witness statement and get a copy of the details to the claimant and the court before the 17th.

 

Can I just use the default notice as a defence and make a complaint regarding insufficient time to prepare, I rang the court on the 11/12 because I hadnt been given a hearing date and told it was due on the 17th,

[the_shadow]

They sprung a last minute witness statement on me received 12/12, I have a court hearing on the 17th, I have determined that the default notice is invalid, I have a copy of a CCA which looks very clear but not sure if it is valid, I have little chance to prepare my witness statement and get a copy of the details to the claimant and the court before the 17th.

 

Can I just use the default notice as a defence and make a complaint regarding insufficient time to prepare, I rang the court on the 11/12 because I hadnt been given a hearing date and told it was due on the 17th,

 

Ok can we back up a bit... we seem to be missing a great chunk of whats gone on so far....

 

1) Have you received anything in the post from the court giving the hearing date 17th dec.

 

2) Did the copy of the CCA/Default notice get sent along with the witness statement?

 

3) Can you scan the CCA and post it up so we can see it (ensure you remove all personal identifying stuff)

 

4) Might want to post up the default notice too.

 

5) Have you received anything else from the other side since the intitial claim?

 

S.

[Mr Happy]

I sent my defence as in post 15, the court made an order for the particulars of claim to be sent to me and to the court, and just before the deadline I received a letter from the court saying "that the claimants fax be deemed to be an application to reinstate the case"

I had not received detailed particulars of claim or a hearing notice.

 

2/ The CCA was enclosed with the witness statement but the default notice was just mentioned and not sent (I have the original invalid notice).

 

3/ will scan shortly (added as a pdf attachment)

 

5/ Haven't received anything except invitations to pay.

mbnaccasmall.pdf

Edited December 15, 2009 by Mr Happy

[Mr Happy]

Need a bump on this one, not going to make post now for last chance of getting a defence to court or H+C, what are my options now.

[Mr Happy]

Bump

[supasnooper]

You'll need to remind the Court as to the Order that was made.

 

Give the Court a call in the morning and ask them what is going on.

[Mr Happy]

1/ Does the CCA look OK anyone, does to me but nice to have a second opinion.

 

2/ what's the latest about invalid default notice, things have changed since I started my first MBNA saga, It started off invalid default notice no case, then no default notice they can only claim the arrears, next I hear it means nothing.

 

3/ Howard Cohen say because it is small claims court they dont need to supply the CCA, is this true? if not they have not upheld their obligation under a court order, how does this affect their case?

 

4/ HC supplied their case file late (5 days from trial) does this invalidate their claim because I had insifficient time to prepare a defence.

 

My hearing is tomorrow so a quick response would be appreciated.