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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Virgin/MBNA passed to Optima - claim forms received - help! ***ICO dismissed****


gem77
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Hi all,

I wonder if anyone can give me some advice please. I have a virgin Credit card (amongst others) over the last year our circumstances have changed and we were unable to pay the minimum payments so I have set up a DMP. A few creditors have accepted and some I am having a fight with. MBNA had accepted my reduced payment I have the letter saying so, this was in June and they suspended all interest and charges however today I have recieved a letter from Optima Legal stating they have been instructed by MBNA to secure payment from me of the full balance or they will start legal proceedings.

 

I have paid each month the amount I agreed with them.

 

Can they do this as they have accepted in writing my reduced payment. Should I write to Optima enclosing a copy of the letter?

Any advice would be much appreciated.

Many thanks

Gem77

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i would not worry about it at all.

 

its quite usual for this to happen.

 

ignore them

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

I sent Optima a letter stating that MBNA had accepted my payment plan and I have kept up payments with them however I have now recieved a court claim from them. Now I am in a real panic and havent a clue what to do next. Could anyone one please advise me?

 

I have read a few posts but there are so many and are a bit confusing. Please help!

 

Gem

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that a bit naughty

 

did you get all the usual run-up like default notice etc etc

typically if the acount is still owned by the OC

they are the only ones that can take you to court

 

i'l move your thread to the legal forum and add claim form received to the title

 

dx

site team

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanx DX. A quick run down is that I wrote to MBNA stating i could only afford £18 a month they replied saying they understand and would accept this (although they stated they would accept £1 each month) but it is not enough to stop a DN and I would recieve the notices they are legally obiliged to send but just keep paying the "£1" each month. I wrote back thanking them and pointing out their error that I was paying £18 not £1. then recieved letter which im pretty sure was the DN, Then the Optima letter asking for the full amount or court action would be taken. I wrote back stating that MBNA had accepted my reduced payments and I have this in writing. Next I recieve the court order.

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Can anyone please give me some guidance?

I have taken a look at the DN and I think it is faulty. It is dated the 9th August and gives me untill the 26th. It was posted in the usual uk mail envelope. Am I right in thinking thats a few days short? Could this be one of the routes to take with a defense?

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Hi Gem

 

When you receive a summons(CCBC) you have 33 days in total to complete the process.5 days deemed served so leaves 28 14 to AoS and a further 14 to submit a defence should you wish to defend the claim.

If you type out the the Particulars less any identifiable details

You have retained their response to accept your payment plan.

Have you had a Default Notice if so post up.

Who are the Sols acting?

Roughly the amount involved.

Have you requested a copy of this agreement?

 

 

Regards

 

Andy

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Hi Andy,

 

The Solicitor is optima. Yes I recieved a default notice will post it up. As yet I havent requested a copy of the agreement but am going to get right on it.

 

The particulars of claim are as follows:

 

1. The claimants claim is in respect of a credit agreement regulated by the consumer credit act 1974, made between the claimant and the defendant, where by the claimant provided the defendant with a credit card and in return the defendant agreed to pay at least the minimum monthly payment requested in each statement.

2. The defendant failed to make the minimum payments, as required, and is therefore in breach of the said agreement.

3. A default notice was served on the defendant, which expired on 26/08/2010 and the defendant has failed to comply with he terms therein. A further demand for payment has been made, however the sum due remains outstanding. The Claimants claim is therefore the principal sum inclusive of accrued interest which as at stands at 5173.30 plus costs.

4. The claiment has complied with sections III and IV of the practice direction on pre action conduct.

 

 

It was a real knock in the teeth to get this after they seemed to be understanding and willing to help. I am just hoping the fact that they accepted in writing that I pay £1 a month whereby I was actually paying £18 might just go in my favour that they are being unreasonable or am i just clutching at straws?

 

Many thanks For all you help.

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then that will be invalid simply by the postage days.

 

UK mail take upto 5 working days to get into the royal mail system

as its business 2nd class mail [denoted by the S on the envelope]

that will take upto a further 4 working days to arrive

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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then that will be invalid simply by the postage days.

 

UK mail take upto 5 working days to get into the royal mail system

as its business 2nd class mail [denoted by the S on the envelope]

that will take upto a further 4 working days to arrive

 

dx

 

Letter dtd Mon 9/8/2010 4 working days as per Bickford Smith (courts), for 2nd class UK Mail; gives you 14 clear days to remedy i.e. 27/8/2010. To use proof to say actually posted on 9/8/2010, well who knows as not needed to be recorded it seems, a judge would probably ignore as people have reported on occasions 1-2 out. see what others say always?

:mad2::-x:jaw::sad:
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Im afraid I have to agree with MIke DX

 

Gem " The claiment has complied with sections III and IV of the practice direction on pre action conduct." did they comply?

 

Regards

 

Andy

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there are other threads or instances of this i'm sure

 

someone found out before that the 'UK Mail' provider used by MBNA state the 'S' on their envelopes means 2nd class business post

they also state it can take upto 5 days for their mail to enter the 'last step' which is delivery to door by royal mail.

 

this might all be on their website

 

its certainly on a recent MBNA thread.

 

now 'if' this can be used alone to invalidate a DN is another matter.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You cant go into battle with these guys basing a defence on whether it was received in time or not.The DN is exemplary, format and content no question.

A DJ 9/10 will not base a decision on delivery, the fact remains you received it.Irrespective whether it was short by 1 or 2 day why didnt you settle the breach in the remaining 11/12 days?

It really is a weak argument and one I would never advocate as the basis of any defence.One needs something a tad more tangible to argue.

 

Did they comply with PAP, this was amended 6th April 2009 and is quite now stringent on what the Claimant must do before litigation is commenced in any claim.

 

Lets wait for Gem to reply and get to the basis of what we can base a defence on.

 

Regards

 

Andy

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SECTION III – THE PRINCIPLES GOVERNING THE CONDUCT OF THE PARTIES IN CASES NOT SUBJECT TO A PRE-ACTION PROTOCOL

 

6. Overview of Principles

 

6.1

 

The principles that should govern the conduct of the parties are that, unless the circumstances make it inappropriate, before starting proceedings the parties should –

(1) exchange sufficient information about the matter to allow them to understand each other's position and make informed decisions about settlement and how to proceed;

 

(2) make appropriate attempts to resolve the matter without starting proceedings, and in particular consider the use of an appropriate form of ADR in order to do so.

 

 

6.2

 

The parties should act in a reasonable and proportionate manner in all dealings with one another. In particular, the costs incurred in complying should be proportionate to the complexity of the matter and any money at stake. The parties must not use this Practice Direction as a tactical device to secure an unfair advantage for one party or to generate unnecessary costs.

 

 

SECTION IV – REQUIREMENTS THAT APPLY IN ALL CASES

 

9. Specific Provisions

 

9.1

 

The following requirements (including Annex C) apply in all cases except where a relevant pre-action protocol contains its own provisions about the topic.

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Disclosure

 

9.2

 

Documents provided by one party to another in the course of complying with this Practice Direction or any relevant pre-action protocol must not be used for any purpose other than resolving the matter, unless the disclosing party agrees in writing.

 

top_icon.gif

Information about funding arrangements

 

9.3

 

Where a party enters into a funding arrangement within the meaning of rule 43.2(1)(k), that party must inform the other parties about this arrangement as soon as possible and in any event either within 7 days of entering into the funding arrangement concerned or, where a claimant enters into a funding arrangement before sending a letter before claim, in the letter before claim.

(CPR rule 44.3B(1)© provides that a party may not recover certain additional costs where information about a funding arrangement was not provided.)

 

 

top_icon.gif

Experts

 

9.4

 

Where the evidence of an expert is necessary the parties should consider how best to minimise expense. Guidance on instructing experts can be found in Annex C.

 

 

top_icon.gif

Limitation Periods

 

9.5

 

There are statutory time limits for starting proceedings (‘the limitation period’). If a claimant starts a claim after the limitation period applicable to that type of claim has expired the defendant will be entitled to use that as a defence to the claim.

 

9.6

 

In certain instances compliance may not be possible before the expiry of the limitation period. If, for any reason, proceedings are started before the parties have complied, they should seek to agree to apply to the court for an order to stay (i.e. suspend) the proceedings while the parties take steps to comply.

 

 

top_icon.gif

Notifying the court

 

9.7

 

Where proceedings are started the claimant should state in the claim form or the particulars of claim whether they have complied with Sections III and IV of this Practice Direction or any relevant protocol.

 

 

top_icon.gif

Transitional Provision

 

9.8

 

The amendments to paragraph 9.3 do not apply to a funding arrangement entered into before the 1st October 2009 and paragraph 9.3 in force immediately before that date will continue to apply to that funding arrangement as if paragraph 9.3 had not been amended.

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Put simply Gem did the Sols comply with the above and give you necessary allowance to come to or put your side before litigation was commenced?

 

 

 

Andy

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OK thats confused me!!!! All I have had from MBNA is 2 letters a default notice then a solicitor letter. The first letter was agreeing to accept £1 a month and freeze all charges and interest although I was paying £18 and that is how much I have always stated.

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Ok Gem can you post up the Sols letter less any personal identifiable details.

 

 

Andy

We could do with some help from you.

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they gave me 14 days from the date of the letter to hear from me. I wrote to them stating that MBNA had accepted my reduced payment and at present that is all I can afford as they could see from my Income and expenditure note that I sent them.

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