Round 1 - Fighting Account A

[ifoughtthelaw]

Have received a Claim from MBNA solicitors for this account. Particulars of Claim:

 

'The claimant's claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974 whereby the Claimant provided the Defendant with a credit card and in return the Defendant agreed to pay at least the minimum payment given in the statement. A default notice was served on the Defendant which expired on ....... The defendant has failed to comply with us. The Claimant's claim of £.,......is the sum owed plus accrued interest as at .........Demand for payment has been made, however the sum due remains outstanding.'

 

Would be grateful for any help in composing defence based on the following:

 

CCA

Illegible microfiche copy of CCA received but due to .......... CANNOT possibly be the original CCA for the account. Therefore MBNA trying to pass off document X for account A.

 

DEFAULT NOTICE

Dated the 2nd June 09, sent in dated envelope. Remedy date 20th June 2009. Account has interest and late charges all charged AFTER disputed which is included in the total amount being claimed. Older late charges also included in balance total.

 

 

Default Notice refers to Paragraph 8 of agreement - no paragraph 8 on copy CCA which again is not related to this account anyway. Also no condition 11 relating to personal data.

 

 

Thanks for any help - I want to keep it short and sweet and hope to explode it in their face if they try to present this to a judge. I also want removal of any default from credit file, can this be included in the defence?

 

I have about 10 days left to send this back now. Am I right that I also need to write to their solicitors to request CPR 18 (please correct anyone and point me in the right direction) and what they intend to rely on as their evidence?

 

They are also claiming court fee and solicitor's costs. What can I counterclaim? A reasonable fee as well as litigant in person?

 

Thanks again. Gonna be fun this one......

[I've got no money]

Can I ask for a bit more info please

 

1. You say that you've got 10 days left - what is the date on the Summons - have you filed the acknol of service indicating that you are going to defend all of the claim

 

2. Is the claim over £5000

 

3 Can you post a copy of the DN - you say it was in a dated envelope - does that mean that it was franked - if so was it sent first or second class post - what was the date on the envelope

 

4. The default charges - how much are they per item are they the new £12 charges or the old £25 charges (pre July 2006)

 

5. What is the date of the original CCA. It sounds like one of the old agreements.

[ifoughtthelaw]

Hi IGNM, thanks for taking a look:

 

1 The issue date of the claim is 17 July 09, sent in a first class envelope. No - haven't filed the acknol of service yet.

 

2 Claim is under £5000

 

3 Copy of default notice

http://i653.photobucket.com/albums/uu259/allopeeps/Defaultnoticembna207.jpg

 

The date on the envelope is franked 2nd June 09 and letter sent 1st class postage.

 

4 There are £12 charges for recent statements, some £25 ones pre- 2006/7 including a couple of £25 overlimit fees. OH has statements going back to where there are also earlier £20 charges early 2000's. The account was originally opened approx 25 years ago with another bank - MBNA only took it over about 5 years ago.

 

5 CCA provided was a copy of an application form for MBNA signed and dated by OH 7 years ago. This is where it gets interesting........

[I've got no money]

Well the DN appears valid

 

As far as the claim goes - you need to complete the acknol of service indicating that you intend to defend the claim. That then gives you 28 days from service of the claim to file the defence.

 

You need to do a CPR Part 18 Request for further information - we can sort that out tomorrow BUT can you explain about the application form signed and dated 7 years ago...who was the original creditor...how did MBNA take it over

 

How far back does your OH have statements for the account?

[Undercover-Elsa]

Hi Ifoughtthelaw,

Welcome back..Just checking in to see how you're getting on

Looking interesting!

The DN dates are fine but presumably they'd have trouble explaining how you've broken a clause which doesn't exist on the agreement they've provided!

I've no experience (yet!!!) of the actual Court process but I'm here for tea and sympathy if you need it and you're in good hands with IGNM

 

All the best with it

Elsa xx

[ifoughtthelaw]

Thanks IGNM,

 

Original creditor was BoS and the set of statements go back from now to 2000. The account transferred to MBNA around 2006. OH thinks there was a letter but not retained. Statements match up with the balance b/f from BoS onto new account no with MBNA.

 

Only explanation for the CCA is that it is from an old account now closed? There have been a couple of others at different times. Have no idea how this has been linked to this account or how it got retrieved but it certainly isn't related to this account!

 

 

http://i653.photobucket.com/albums/uu259/allopeeps/mbnascan2154.jpg

http://i653.photobucket.com/albums/uu259/allopeeps/Mbnascan2152.jpg

[I've got no money]

Thanks IGNM,

 

Original creditor was BoS and the set of statements go back from now to 2000. The account transferred to MBNA around 2006. OH thinks there was a letter but not retained. Statements match up with the balance b/f from BoS onto new account no with MBNA.

 

Only explanation for the CCA is that it is from an old account now closed? There have been a couple of others at different times. Have no idea how this has been linked to this account or how it got retrieved but it certainly isn't related to this account!

 

 

http://i653.photobucket.com/albums/uu259/allopeeps/mbnascan2154.jpg

http://i653.photobucket.com/albums/uu259/allopeeps/Mbnascan2152.jpg

 

You're right - this is going to be fun.

 

I think that it is going to be in incredibly helpful that you've saved all the statements

 

If you complete the Acknol of Service saying that you're going to defend all of the claim I'll do a CPR Part 18 request

[I've got no money]

I've done the Part 18 Request - if you don't get a reply by the 2nd of August (or if you do get a reply) can you pm me when you get it.

 

I'll then help you sort the defence out

 

Anything that has got black XXXX in you need to insert your details

 

I know that I'm asking for some information that we know already but I want to pin them down

IFTLRequest for FurtherParticsof the ClaimWORD.doc

[ifoughtthelaw]

Superb stuff IGNM!! - thank you so much for the help. Sent the acknol of service online this afternoon and CPR request to solicitors gone off too.

 

Will let you know the reply as soon as it comes (or not)8-)

 

Elsa - thanks too - tea and sympathy just as important!

 

Woo - I think we've hit the ground running ....... :grin::grin:

[underdog13]

I have never seen HBOS produce an agreement such as those posted; I have however seen MBNA churn those out.

 

From my own experience, MBNA did not send out new agreements to sign when they brought out the HBOS cards - so why would your original agreement (which was with HBOS) resemble an MBNA 'agreement'? This smells fishier than an angler's dungarees:cool:

[ifoughtthelaw]

This smells fishier than an angler's dungarees:cool:

 

Yes, and its getting stronger.......

[ifoughtthelaw]

This smells fishier than an angler's dungarees:cool:

And getting stronger.......

 

Had a reply from the solicitors in response to CPR18 request but no info as they can't provide it by the 2nd Aug but hope to have all the info by the 21st Aug.

 

IGNM - have pm'd you the letter but not sure if you're around at the mo so can I just check a couple of questions to anyone:

 

1 - If the claim is dated 17th July then 28 days should be 14th Aug to have my defence in?

 

2 - If they are saying they will provide info by the 21st Aug wouldn't this be well after the 14th Aug and therefore a totally pointless date? Are they up to something?

 

Tks all

[ifoughtthelaw]

Nothing yet received by way of further info from these solicitors for this account - when should the defence be submitted by - I make it the 19th Aug which would be 17th July + 5 for service and then 28 days?

 

If nothing comes back from them before would it be an embarrassed defence that should be submitted or a proper defence at this stage?

 

Thanks again

[ifoughtthelaw]

Bump - can anyone advise?

[Undercover-Elsa]

Hi IFTL..

Just bumping this again for you. IGNM not been around since 29th July..probably on holiday. Have you tried PM'ing him..that would maybe trigger an email notification.

It is very quiet on here at the moment..I'll keep my eyes open for who comes on and try and get someone with court knowledge to have a look for you..

Elsa xx

[Undercover-Elsa]

I've asked someone to take a look IFTL

[42man]

I think an embarrassed defence would be the way to go at this stage....at this time they have not responded to your CPR either.....also what is the date on the default notice envelope ?

[42man]

This might help - http://www.consumeractiongroup.co.uk/forum/legal-issues/189937-lloyds-tsb-platinum-card.html#post2056046

[Undercover-Elsa]

Thanks 42man

[ifoughtthelaw]

Thanks to both of you Elsa and 42man - OH is most grateful for your help and has now filed an embarrassed defence today as still nothing back from the solicitors.

 

Let's see what happens from here!

 

IFTL x

[ifoughtthelaw]

Oh sorry - forgot to say 42man the date on the default notice envelope was the 2nd June 2009. The default notice was dated the 2nd June to be remedied by the 20th June.

[I've got no money]

Apologies - I've been a bit busy...

[ifoughtthelaw]

No need to apologise IGNM - you've been more than helpful already! Hope all is well with you

[Undercover-Elsa]

We all have times when we can't get on here

I tried on my laptop while me and OH were on hols but apart from not having all my links and refs that are on my big pc, the sighs and long suffering looks were putting me off!

Elsa x

[ifoughtthelaw]

OH has got some paperwork back in response to CPR request - now enclosing a copy of a different application form - which is not the same as the one sent under the S78 request. This one also does not relate to this account either and it seems like MBNA are trying to 'pick and mix' copies of any old or current agreements they can find for OH. Is the one supplied under the CPR request (sworn as true copy to their knowledge) taken as the one they will use in the Court process?

 

The solicitors have included their own timescales for his defence to be in after which they will apply for judgement - but I thought that this was set by the Court? They were a day late in sending out the info - so his embarrassed defence was already in by the due date. They seem to be trying to dictate things but they are the ones late in supplying the info. The Court say just to write in with updated defence - but didn't give a date. Can anyone advise the next step in submitting an amended defence - is it ok just to write in or should it be done on an appropriate form?

 

Thanks all