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    • Millions of bicycles were sold this year, with fears there won't be enough for the festive period. View the full article
    • Thanks DX, I'm happy that there are no valid reasons for them not to send us documents via royal mail - they were after all perfectly capable of sending these two letters.   The 12+2 days end on 7 December so I will ensure the DD's are cancelled for these and the Hoist one that is also being paid monthly on that very date. 
    • Sorry to hear the news Dave.   As for sums on top of the £100, maybe the judge ruled against the £60 Unicorn Food Tax but allowed £25 claimform fee + £25 legal costs.  Just a guess.
    • Hi guys!   Update:   Been forwarding all the text messages to 7726   These were the text messages:   28 October: We have been instructed to proceed formally on this claim in 7 days in respect of the balance due to Photo Studio Group unless discharged or an arrangement made. This will result in a formal Letter Before Claim and Court Proceedings.   29 October: It's not too late to stop legal action. Settle the £1182.89 due to Photo Studio Group.    30 October: The £1182.89 due to Photo Studio Group is overdue we are now instructed to proceed with a formal Letter Before Claim.   We are now considering whether to issue Court proceedings to recover £1182.89 owed to Photo Studio Group.    2 November: We are now preparing to send a Letter Before Claim. Call 01422746202 to resolve this matter.    6 November: We have now have issued a Letter Before Claim which you should receive in the next few days. Pay the balance due to Photo Studio Group now.  It's not too late to stop legal action. Settle the £1182.89 due to Photo Studio Group online now.    8 November: Click the link to address the £1182.89 due to Photo Studio Group to avoid legal action 12 November: A County Court Claim will impact your ability to obtain credit for up to 6 years. Pay online to stop action.  13 November: We are concerned you have not responded to the Letter Before Claim regarding the balance due to Photo Studio Group?   15 November:  Call AJJB Law regarding the letter you have received from us in order to stop Court Action on 01422746202.    21 November: IMMEDIATE ACTION REQUIRED. Pay £1182.89 due to Photo Studio Group online to stop Court action.  23 November:  We haven't received a response to the Letter Before Claim issued by us. It's imperative you act now to avoid Court Proceedings.  We will be conducting a Pre Court Action Review this week. Pay £1182.89 online today or set up a plan to stop.    26 November: IMMEDIATE ACTION REQUIRED. Pay the balance of £1182.89 online today to prevent further legal action.  29 November: We will be conducting a Pre Court Action Review this week. Contact us today on 01422746202.  2 December: You haven't replied to the Letter Before Claim from us. Costs and fees will be added if we issue a County Court Claim.    Emails:   10 Nov:   Dear -----, LETTER BEFORE CLAIM AJJB Reference: .... Our Client: Photo Studio Group Balance: £1182.89 You will now have received a Letter Before Claim issued by us regarding the balance due to our client. It is important that you do not ignore this letter and read the contents carefully. If you have a query relating to your balance then please contact us to discuss urgently. If you wish to make payment to settle the balance you can do so through our website www.payajjb.co.uk or by calling us on 01422746202. Alternatively an income and expenditure statement is enclosed in the letter, if you are unable to repay the balance in full, payment arrangements will be considered based on your circumstances. Payment arrangements can also be submitted via our website. Please respond urgently to avoid Court action. Yours Sincerely, AJJB Law   19 Nov: Dear ----, RESPONSE REQUIRED AJJB Reference: ..... Our Client: Photo Studio Group Balance: £1182.89 Our records show that you have not responded to the Letter Before Claim issued by us, or our previous attempts to contact you. We hope to resolve this matter without the need to issue a County Court Claim but we only have a limited time to do this. In order to come to a suitable way forward to address the balance please contact us today using one of the following methods: - Email - reply to this message - Online using our secure customer portal - www.payajjb.co.uk - Telephone - 01422746202 Hopefully we can agree a way forward without the need for further action. Yours Sincerely, AJJB Law   27 Nov:   IMPLICATIONS OF A COUNTY COURT JUDGMENT (CCJ) AJJB Reference: ..... Our Client: Photo Studio Group Balance: £1182.89 We are now in a position to issue a County Court Claim to recover the balance due to Photo Studio Group as we have not received a satisfactory response to the Letter Before Claim. This could result in a CCJ being registered against you As previously mentioned, we wish to resolve this matter without the need for legal action, however, we are unable to do so if you do not address the balance due. A CCJ will have an adverse impact on your credit file and will be registered for 6 years. It will affect any future lending decisions including applications for loans, mortgages, tenancy agreements and the purchase of goods on credit (for example a mobile phone contract). You can stop further action now by contacting us to discuss your circumstances or by making payment: - Email - reply to this message - Online using our secure customer portal - www.payajjb.co.uk - Telephone - 01422746202 Please do not ignore this email. Yours Sincerely, AJJB Law I also received two letters to the address I currently live in:   1.  A letter before claim    2. Implications of a county court judgment   Please let me know if I should proceed in any way.   Thank you all for your time!        
    • for whatever reason they fail the 12+2 working day time limit you may cease payments.   as for their stupid excuse to gander email details you do NOT.   they know full well there are ZERO Gov't guidelines regarding mail , .
  • Our picks

Fluffystuff's OH & MBNA


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Hi Fluffystuff

 

How are you doing.

 

Where did you see it is a problem for them if they assign it before the DN date has expired. I am unclear about the implications of that.

 

Good Luck

 

Pedross

 

 

Hello Pedross,

 

In the grand scheme of things, I'm doing fine thankyou.

 

Sorry, but can't remember exactly where the info re. assigning before expiration of default notice came from - advised on this forum somewhere!!

However, have not had any contact concerning this debt since last October when I informed DLC of the situation.

 

x

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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  • 1 year later...
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Hello all, long time no speak!

 

Could do with a guiding hand please, husband received claim today, issued CCBC 14/11/12

 

POC:

 

The Claimants Claim is in respect of a credit facility................provided by MBNA at the Defendants request on ../../2005. The agreement was subsequently defaulted. Failure to meet requests for payment resulted in the account being terminated. On ../../2010 all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd. The defendant was duly notified in writing of the assignment and that a balance of £...../.. Was due. The balance of £...../.. remains owing from the defendant.

 

Signed by a named person for Claimants Solicitor, Aplins.

 

----------------------------------------------------------------------------------------------------------------

 

In our possession from earlier CCA request, is an application form (clearly mocked up!), DN which is short of 14 days required, TN letter from MBNA & hello letter from Hillesden confirming the debt has been assigned to them. Both these letters were dated and received before the end of the default notice period to rectify!

 

Have completed AoS online this morning, assume next step is CPR 31.14 request?

 

Although we have successfully defended a CC claim before, the circumstances were slightly different (that one hadn't been assigned or terminated during default period to rectify!)and I know certain things to do with the CCA have changed a little since we did this so would very much appreciate your help and guidance once again please.

 

Thankyou. X

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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I dont think much has changed that from what you say in today's post you are likely to rely on. I suppose the main area would be the application form aspect. On the one hand Carey v HSBC allows creditors to send a reconstruction - but ONLY for the purpose of s77 - for enforcement (ie s61 1a) they should still produce the original, and from having had a quick look through this thread it seems unlikely that they will be able to do this. google Harrison v Link to see the problems that MBNA can cause those they sell their accounts to. The fact that what they have presented is clearly a mock up remains a strong and valid point for you and unless they can find a way round/past it, I would have thought they are sunk. The manner in which they defaulted - and in particular sold the account before the default notice had expired - is a killer point as well for you as far as I can see.

The only other major thing that I can think of that has been mentioned in your thread is that the s59 argument has been knocked on the head by the courts. Other than that, since you are able to rely on the 1974 Act, things are much as they were, I think.

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Thanks for that SFU, so to clarify, my main defence will be the selling of the account before the expiration of the default notice, which in itself failed to give requisite time to rectify? Do you know if the notice of assignment has to be in a particular form? I'm a bit confused over equitable and absolute assignments.??

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Starting at the end, absolute assignment, I think, sells the whole thing - lock, stock and barrel - to the dca. Equitable is somewhat less, but I am not entirely sure.

I would certainly go after them for the DN, and the fact they sold before you had time to remedy. Notice of assignment is a bit vague. Creditors argue that its enough for them to write to you and tell you your debt has been transferred to them - Cabot's hello letter for instance. But, if I wrote to you to say your debt has been sold to me, why should I believe you. But if they have screwed the DN by not giving enough time to remedy AND sold before the (overly short) time they have given you to remedy, then those are strong points.

I would though still go after them about the application form/ agreement with all the points that you and Vint raised about it being a reconstruction. They may not attempt to defend that, but if they came up with such a duff reconstruction it might be that they have a problem finding an enforceable version of the agreement. This is why you need to read Harrison v Link, because he tied MBNA in knots about what type of agreement he is supposed to have signed (in fact, if you are an optimist, if they see you refer to the Harrison case, it might just be enough to get them to go away and leave you alone). Remember that what they sent you three years or so ago was in response to a s77 request (what Waksman called "the information purpose" in Carey). But now they are seeking to enforce in court, its s61 1a that they have to worry about and the onus of proof here in on them to show that your OH did sign an enforceable agreement. Read Harrison (you can get it here http://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html) but when you do, remember since Harrison brought the case the onus of proof was on him to prove he didnt sign an enforceable agreement. In your case the onus of proof is on them to show that your OH did sign an enforceable agreement, and in this respect HHJ Chambers statement that "Entirely understandably, the Defendant's evidence given through MBNA is of the "would have" variety. "We would have sent the terms & conditions because that is what we were required to do and our systems would have been designed to do". But there was evidence neither of the system nor its implementation." is telling.

Were I you, my defence would be based on both heads - unenforceable agreement and defective DN.

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Thanks again Seriously, much appreciated. I read the Harrison case at the time 'pt' won but skimmed through as all was quiet in our household at the time! Will now digest thoroughly.

Remiss of me not to have asked after your well-being, apologies, hope all is good. X

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Polite request to site team, please can you move this thread to legal? Thank you.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Hi Fluffystuff

 

If the DN is definitely faulty it is a strong defense and prevents the action they have taken. I will comment further if you post a copy or confirm the dates/details etc.

 

Pedross

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Hi Pedross,

 

DN definitely faulty, not enough time to rectify, amount includes penalty charges and they also sold debt before expiration.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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I have not seen any documents so my comments are based on my understanding of the situation.

 

You need to put your defense together covering all points but the main issue with the DN is the fact that it did not allow 14 days from service (if that is correct). The case you need to refer to is Brandon v AMEX in which it was stated that an error such as that could not be classed as De Minimis.

 

A valid DN is required under the CCA for the claimant to commence proceedings and if it is not valid I do not believe that the claimant has a case. I am not convinced that the other points will help but they can be included, I just do not recall any legal precedents to rely on.

 

Pedross

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Arrears.

 

(Though they did ask for payment of the whole outstanding balance some months before D/N was issued!)

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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  • 7 months later...

SOS!

 

Does anybody have a copy of an original MBNA Points application form from around September 2009? This really would save our souls!

 

Thankyou.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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