series3 v MBNA/Optima

[supasnooper]

Bloomin' heck....

 

I was worried for a minute there........a MBNA Default Notice that had given 18 days from the date of the notice.

Sadly for MBNA, they have only allowed you 12 days to rectify the notice.

 

Have look at this post which explains most of what you need to know about Default Notices and the required period allowed to rectify - http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

 

I do trust that you have completed the Acknowledgment of Service; you willl also need to defend all the claim as well.

Please follow the timescales below that you must adhere to -

 

How long do I have to file a response to my claim?

 

Counting from the date of issue -

Acknowledgement of Service:

5 Days (service) + 14 Days = 19 Days. (An Acknowledgement of Service gives 14 days extra from the date of service to file a defence).

 

Defence, after filing Acknowledgement of Service:

5 + 14 + 14 = 33 Days in total.

 

 

 

I'd advise that you take a look at this link here as well - Legal Action: how to start off. IMPORTANT IF YOURE BEING SUED and follow the directions that pt2537 lays out if Optima do not comply with your 31.14 request.

 

You would also be do well to get a Subject access request off to MBNA at Chester as well, including a specific request for the Customer Information Systems log or "Comms Log" .

This will cost £10.00 (use a postal order) and send by at least Recorded Delivery and they must respond within 40 days from receiving it.

 

A copy of a Subject Access Request letter can be found here -

 

http://www.consumeractiongroup.co.uk...t-2385299.html

 

and amend it to suit including the Comms Log request.

[supasnooper]

thanks Snooper

 

I haven't done anything yet.

I will read the links you have provided, (i think I have read them before) to refresh.

I can do the court Acknowledgment of Service on line ( I think.)

 

Yes you can.....all the stuff should have been enclosed with the claim...password etc...

I'd get that done ASAP if I was you.

 

 

Oh, I read the default notice link.

I still get it to 15 days...I can't find anything in the thread

about counting days. i.e. "days after service"

 

MBNA, bless their little cottons, still insist sending out their Default Notices by UKMail, which is deemed a Second Class postal service. Take a look at UKmails website for how they describe their service.

 

 

Hope my comments help.

[supasnooper]

Post 15 is okay.

 

Post 16 - I'd add a specific request for the MBNA Communication Log ( or MBNA Customer Information System printout.

 

Here's why as MBNA can be creative - http://www.consumeractiongroup.co.uk/forum/show-post/post-2205472.html

 

 

I'd also take a look at the excellent advice offered by pt2537 in this thread - http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

[supasnooper]

You are probably suffering from info overload and a steep learning curve.

 

The addition I suggested is not applicable to some creditors, which is why it does not appear on the suggested letter.

[supasnooper]

I'd do the Acknowledgment of Service now.......then you know it's done.

 

I'd also make a note of the date on your calendar and your diary when your defence must be submitted by.

[supasnooper]

How long do you have to file the required responses to a claim?

 

Counting from the date of issue -

Acknowledgement of Service:

5 Days (service) + 14 Days = 19 Days. (An Acknowledgement of Service gives 14 days extra from the date of service to file a defence).

 

So, the AOS must be done by 10th February

 

Defence, after filing Acknowledgement of Service:

5 + 14 + 14 = 33 Days in total.

 

Therefore your defence must be submitted by 24th February, as you have correctly calculated.....I'd err on the safe side though and get it submitted a bit earlier.

[supasnooper]

I take it you've read the link to pt2537's thread I posted in post #18.

 

I'd look at following the advice given there.

[supasnooper]

You need to ask the Court for a Compliance order now.

 

The Courts are tiring of seeing embarrassed defences as it is clogging up the system.

 

As you can see from what pt2537 has written, you are taking control of the situation by submitting an application for CPR 31.14 compliance and will put Restons on the back foot............it will show them that they have to put up or shut up; i.e. discontinue.

 

If you wish to submit an "embarrassed" or holding defence then this allows Restons to dictate terms and drags the case on and on.

 

You will have also noted that if there is no Agreement then there is no case to defend; you then apply for a strike out of the case.....and claim your costs.

[supasnooper]

...............and once the case is struck out, MBNA\Optima would have very little chance of trying to run another claim against you for the same debt.

[supasnooper]

Oh dear, what have Optima sent you ?

 

If you look at the date codes on the two scans at the bottom right hand side.

 

In the first scan it reads DP-01-01-319-M

 

The second scan reads 12-00 and is a typical MBNA tear off agreement which doesn't fit a Virgin Agreement.

 

Have a look at this link and you'll see why - http://consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

 

I don't see any tear-off perforations on the first scan.

Edited February 20, 2010 by supasnooper
correction

[supasnooper]

Unfortunately there is no "One size fits All" defence.

 

Every case is different as you've read in your pursuit of one.

 

I would re-read the pt2537 link I posted earlier in the thread and heed the advice given about defences.

 

Here's some of pt2537's defences including other defences that pt2537 has approved.

 

CL Finance Ltd. Recieved a court claim form**WON** Discontinued

 

Lloyds TSB Credit Card - Claim form received

 

Help! - AMEX No CCA and they've started court action. **DISCONTINUED**

 

This defence (below) also includes bringing a CPR 3.4 as the claim discloses no grounds and could be an abuse of the process.

 

Help - Mum being taken to court by Link Financial.

 

No agreement and the possible use of CPR3.4 and case struck out due to non production.

 

No agreement & use of Civil Procedures Rules to prevent court case happening