Me V MBNA, last credit card

[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.

[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.

[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.

[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.

[the_shadow]

You also need sight of that first NOA, if the original assignment wasnt lawful then everything else that followed wasnt lawful either.

 

Agree 100%

 

If you have never received a NOA from MBNA to the first DCA then the second DCA have no cause of action despite them having a valid NOA, the chain breaks down.

 

IMVHO If you have to....... be polite but remind the DJ that you have had so little time to prepare each time a point comes up you cant respond to...

 

Critical is a) chain of NoA and b)Default ineffectual, supplement that with the fact the two pages of the CCA dont appear to be linked and I'm guessing they wont bring the original to the hearing as its possibly destroyed in which case quote CPR PD 16 7.3

 

7.3

 

Where a claim is based upon a written agreement:

(1) 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, and

 

(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).

 

 

 

If they are relying on scanned copies with no original remaining.....Prior to the hearing they should have advised the court and you they were introducing hearsay evidence via a notice, if you've not had that notification then its a error on their part.

 

S.

[the_shadow]

Really! sorry to hear this Mr Happy, judge lottery strikes again I feel...

 

Effectively his replies were.

 

Point 1 was that a copy of a document is sufficient and the original would make no difference.

 

Not according to CPR and in any event, how can they be sure the two items are connected, which is key to the prescribed terms being in the signature document.

Point 2 I would have had statements from MBNA to prove I used the card.

 

That you used the card is not the issue, and I hope you didnt say No I have not used the card, the issue is whether they can legally collect on the debt due to the a) the application being unenforceable due to the prescribed terms missing and b) The default being invalid.

Point 3 Invalid default notice only applies to cases where large amounts of money are involved so was over ruled.

 

This point is possibly true in regards the financial side, if the amount of difference is small then he may claim its a small error, some judges allow no difference, some will give all the leeway to the banks it can

 

However it doesnt explain the lack of time allowed for service, the legislation for this is quite specific that you must be allowed 14 days, nothing less.

Point 4 letter of assignment can be assumed to be done even if it doesn't exist.

 

Hmm should have asked him where in the law of property act it states this as the law is clear the assignment is ineffectual until you have been advised of it!

Makes a mockery of the legal system and consumer law.

 

No comment

 

I put in a request to take it to appeal that was refused, I can now choose to appeal but I don't think I can be bothered, perhaps I should use the money from the expenses from my last case to pay for this, wanted to give my son a little extra this year because he has gone without for the last few years and been very good about it.

 

Perhaps I can get them back for illegal bank fees if that ever gets off the ground again.

 

Its now down to a personal choice... tbh you didnt give us much warning and we might have been able to put something better together with more time... You might want to consider a solicitor for an appeal if you go down that route.

 

Again, sorry you've not had a good xmas present.

 

S.