Virgin/MBNA passed to Optima - claim forms received - help! ***ICO dismissed****

[dx100uk]

i have removed the post 4u

 

dx

siteteam

[AndyOrch]

Excellent Gem

 

You did respond full marks.You have a paper trail of the payment plan and acceptance full marks.

 

The next action you now need to take is:-

 

Request a copy of your agreement by way of a Sec 78 request (print name) Retain proof of postage.

 

Request information by way of CPR 18.1 CPR Pre Action Protocol iV 9.2 (i will prepare this for you)

 

You have AoS and pleaded defend all, if you can confirm your defence submission date.

 

 

Ok for now Gem?

 

Regards

 

Andy

[gem77]

right im going to have to have a play with this as even though I deleted the original off photobucket and uploaded the new one for some reason it hasnt saved the correction:|

 

Ok Andy going to sort out the CCA request. Thank you so much for all your help.

[gem77]

Ive not done anything yet as only recieved it on monday. Wanted advice before i did anything.

[Old Cogger]

It is a pity UK Mail do not date stamp mail on the receiving date they collect mail.?

[AndyOrch]

You have 14 days to AoS and from what you have explained I would defend this matter.Purely on principle and the fact you had an agreed payment plan in place.

The DN is fine no problem.The P.o.C is pleaded adequately no problem. In fact its nice to see a Claimant quoting the confines of the PAP as they all must do now from 2009.

However its no use to quote and plead if they then totally disregard the respondents response.This will become the basis of your defence.

 

If you can do the CCA request Gem and i will draft a suitable CPR request in line with the CPR Pre Action Protocol in the next few days.

 

Regards

 

Andy

[gem77]

very true mike. yo think they would wouldn you.

[gem77]

Thank you so much Andy. I really appreciate this. Your a Dimond.

[AndyOrch]

Guys forget the postage issue it dosent make for a defence and smacks of desperation.We will defend on the points that do matter and do make a realistic defnce.

 

Andy

[Old Cogger]

Andy as post 34 stick to known points that do matter. I am sure Dx & the others will help where required, good luck.

[AndyOrch]

Thanks Mike scales tipped for your input.8)

 

 

Regards

 

Andy

[dx100uk]

It is a pity UK Mail do not date stamp mail on the receiving date they collect mail.?

 

surely you mean royal mail when they receive letter to be deliverd from the private mail handing company 'uk mail'? as well would be nice!

 

dx

[gem77]

Right. CCA letter done, £1 postal order obtained going to post office this afternoon to post recorded delivery. I take it I send it to MBNA?

 

Thanks again for all your help guys

Gem x

[gem77]

[gem77]

Horay finally it has worked with the new upload.

I shall also upload the letters MBNA sent me if that will help.

[gem77]

 

Ok this was the letter they sent me after I sent them My I & E list and asking them to accept £18 a month and freeze all intersest and charges.

 

I replied to this thanking them and pointing out they had made a mistake with the amount I was paying. Then a week or so later I recieved this:

 

 

Thought nothing of it as they had said in the acceptance letter to expect letters as they had to send them by law. Then the default letter was sent and finally the solicitors letter to which I replied that MBNA had accepted my reduced payments and my circumstances had not changed as yet.

[gem77]

I think that just about covers it all. They build you up just to knock you down again. Seems like some sort of sport to them !!!!

[AndyOrch]

Yes Gem thanks for that CCA to MBNA.

 

Regards

 

Andy

[gem77]

All sent Andy. first class recorded.

[AndyOrch]

Excellent so they will be in default by the time you submit your defence:lol:

[gem77]

oohhh I do hope so. lol. Something else in my favour maybe! 8-)

[AndyOrch]

CPR 18 Request (modified) to follow shorty Gem

[AndyOrch]

CLAIM NUMBER: *******

 

In the XXXXXXX COUNTY COURT

Between:

[MBNA]

Claimant

-And-

 

Defendant

 

_______________________

REQUEST FOR INFORMATION AND

CLARIFICATION UNDER CPR PART 18.1 & Pre Action Conduct PD SEC III/ PD IV

_________________________ ___

 

DATE OF SERVICE: [date sent]

 

To enable me to file a fully particularised defence and counter-claim, I require specific information regarding the accounts cited in the Claimant's Particulars of Claim to be provided forthwith. The information must be furnished by the XX XXX XXXX ( Allow10 days }, which gives you seven working days to provide what has been requested. If you fail to comply, this will be reported to the Court, and an order enforcing your compliance will be applied for forthwith.

 

1. In respect of my alleged indebtedness to the Claimant please provide:

 

a) True copies of the original signed agreements between myself and MNBA, as referred to in paragraphs X ) and X) of the particulars of claim.

 

b) All documents relating to any insurance added to the accounts, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

c) A true copy of any Default Notice/s issued in respect of these accounts, as referred to paragraph X) of the particulars of claim; (If refered if not remove)

 

2. I believe my alleged indebtedness to the Claimant to be comprised by Unfair Charges which amount to contractual penalties contrary to common law and statute. Therefore, in order that I may prepare and file a fully particularised counterclaim to the Claimant's action, please provide:

 

a) Full Terms and Conditions and charges tariffs relating to each account, from the date when the accounts were opened and including any revisions or amendments to the present day.

 

b) A full and comprehensive statement history for the account, providing each and every statement sheet from the time the accounts were opened until the present day.

 

c) Specific details of all fees/charges levied by MBNA in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

d) Where there has been any event in my accounts' history which has required manual intervention by any member of MNBA, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my accounts held with MNBA. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

PD 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.

 

[gem77]

Thanks for that Andy Will sort that out first thing tomorrow.

Just one point though you've put that "I believe my alleged indebtedness to the Claimant to be comprised by Unfair Charges which amount to contractual penalties contrary to common law and statute." but to be honest there isnt that many charges they have charged me maybe 3 or 4 months worth. Does this make any difference?

I really appreciate your help I really cant thank you enough.

[AndyOrch]

If thats not the case or no PPI simply remove any reference to them.

 

Regards

 

Andy