Link Claim Forms -MBNA debts

[Prudence]

Ric, you have been so helpful and I am really grateful for you taking the time to look at my case. I have printed out a lot of the replies I've had here from you and Andy and some other threads so that I can study tomorrow. We will be out for the day and I plan to study as much as I can and make notes. There's a lot of information and at this moment my head is in a complete fuddle with it all. Hopefully things will come clearer to me.

[Prudence]

I have just checked the PPI payments on the spreadsheet - the payments (which go back to 1998) with the compound interest ( I used the 19.9% rate) amount to over £4,600! They sent us a cheque for £800 !

Therefore late/over limit charges amount to over £5800 and now this!

Pru

[AndyOrch]

They will argue Statute Barred Limitation Pru going back that far, not that I'm saying you shouldn't try.

 

Regards

 

Andy

[Prudence]

If they wre 'statute barred Limitation' why would they even send us £800 ? Surely they would not send us a penny if they were not liable ?

[AndyOrch]

But what did the £800. equate to 2006- onwards?

[Prudence]

No charges related to 1998-2000

[AndyOrch]

What date was it refunded Pru?

[Prudence]

July last year

[AndyOrch]

Ok so they are not going to argue Statute of limitations then

[Prudence]

That sounds like good news?

[Prudence]

Ignore that, of course it is!

[AndyOrch]

That sounds like good news?

 

Ignore that, of course it is!

 

Hopefully unless they change tac to suit them:roll:

[Prudence]

Can they do that?

Andy it is Link who have brought the claim, but I am claiming against mbna for charges, so how does that work?

[AndyOrch]

If you are making the CC (Part 20) as part of your defence then you make it against the Claimant (link).If you are pursuing this as a separate litigation then you would make it against MBNA.

[Prudence]

Hi, here is a first go at my Defence & Part 20 Counterclaim.

The bits I've fiddled with I've put in bold.

Not sure what number 9 means?

Not sure about 14 & 15?

Interest rate - am I correct in using 19.9% (as this is quoted on my 'application form')?

Am I supposed to add another 8% on top?

Many thanks for your support, Pru

Sorry it seems the formatting has gone a bit haywire

 

Claim No: xxxxxxxxxxx

 

 

 

 

 

 

 

 

IN THE NORTHAMPTON COUNTY COURT

 

 

 

 

 

 

BETWEEN: -

 

 

 

 

 

 

Link FInancial

 

 

-and-

 

 

 

 

 

 

 

 

_________________________________

DEFENCE AND PART 20 CLAIM

________________________________

 

 

 

 

1. The Defendant entered into an agreement with MBNA International Bank in 1998 (MBNA). The account reference number is XXXXXXXXXXXX which was a credit card agreement total amount borrowed was £xxxx.xx. I will refer to this as the “Agreement” (A)

2. The Agreement also included Payment Protection Insurance (PPI) which was taken out at the same time (without request or agreement of the Defendant). (B)

3. MBNA claimthatby way of an alleged Assignment sold all of its rights under the Agreement to the Claimant Link Financial

4. The Defendant was not given notice of the said Assignment.

5. MBNA had breached the Agreement as they sold an insurance which was not valid due to the Defendant stating clearly that she was self-employed therefore MBNA was negligent in its duty of care to the customer (The Defendant).

6. MBNA had breached the Agreement by way of creating an unfair relationship due to the inappropriate PPI and neglected in its duty of care to the Defendant (Section 140A of the1974 Act)

7. The Defendant was not served with a Default notice in respect of the said breach.

8. The Defendant is entitled to offset against the Claimants claim such sums as I may be awarded on my

Part 20 claim herein.

PART 20 CLAIM

9. The Defendant/Part 20 Claimant repeats paragraphs 1 to 6 herein.

10. The Defendant/Part 20 claimant intends to claim sums paid to the claimant in relation to miss sold PPI, unfair charges and post termination interest incorporated within the sum demanded by the Claimant are sums claimed for their administration fees and late payment charges.

11. The Defendant/Part 20 Claimant contends that the PPI relating to the Agreement was added to the The Defendant/Part 20 Claimant's account unlawfully as the Claimant did not request this insurance, nor was eligible for it as the The Defendant/Part 20 Claimant was self- employed (see application form)

12. The Defendant/Part 20 Claimant contends that a reasonable level of care and skill was not offered to the Defendant/Part 20 Claimant by the staff member processing the application, and that therefore MBNA failed to meet its obligations under the terms of section 13 of the Supply of Goods and Services Act 1982.

13. The Defendant/Part 20 Claimant contends that there should have been a system of supervision and checking in place to ensure that such errors, omissions and misrepresentations were noticed, and corrective action taken, and if there was no such system in place, then that should also be considered as a failure of MBNA to meet its obligations under the Supply of Goods and Services Act 1982.

14. The Defendant/Part 20 Claimant contends that the PPI was sold with a view to meeting sales targets and providing bonuses and commission for the Manager and staff, rather than to help the Defendant attain a better financial position.

15. In paragraph 12, the Defendant/Part 20 Claimant contended that there should have been a system of supervision and checking in place. The Defendant/ Part 20 Claimant contends that the very fact that such a system was not in place, or that the system failed to identify the errors, omissions and misrepresentations highlighted elsewhere in these Particulars, should be considered as evidence of a policy of “turning a blind eye” by senior company management whose careers and remuneration are also reliant on bonuses, incentive schemes and sales targets.

16. MBNA have admitted liability in relation to inappropriate Payment Protection Insurance by refunding the Defendant/Part 20 Claimant the sum of £8xx (eight hundred xxxxxx pounds). Using the Blake Lapthorn Calculator the Defendant/Part 20 Claimant calculates the Payment Protection Insurance charges including compound interest at a rate of 19.9% (the interest rate in force at the commencement of the agreement) to £4xxx.xx. Therefore the sum owed by the Claimant to the Defendant in relation to PPI is £3xxx.xx. Therefore the sum claimed by the Claimant is proven to be faulty.

17. The Defendant/Part 20 Claimant contends that the application form was signed by the The Defendant/Part 20 Claimant without having ticked the PPI box and contends that this was ticked by another person unknown to The Defendant/Part 20 Claimant and after it left the property of The Defendant/part 20 Claimant.

18. Notwithstanding that the forms were signed, and in any respect, the Defendant/Part 20 Claimant contends that there was an entitlement to expect that the advice and information given was true and honest, and that a reasonable level of care and skill would be given to ensure that the best interests of the customer were being met.

19. The Defendant/Part 20 Claimant requests my right to offset either partially or wholly the amount in my claim against that sought by the Claimant as per CPR 16.6

20. The Defendant/Part 20 Claimant seeks the sums, as listed below, against the Claimant under Common Law, and/or section 140B of the Consumer Credit Act 1974:

21. The Defendant/Part 20 Claimant claims interest pursuant to section 69 of the County Courts Act 1984 at the rate of (19.9% per annum?) 8% per annum until judgment or further order or such other sum as the Court thinks fit.

22. The Defendant/Part 20 Claimant claims compound interest in restitution for the banks unjust enrichment.

23. The Defendant/Part 20 Claimant claims a refund of unfair charges applied

£ 4xx.xx PPI Payments.

£4xxx.xx Compound interest @ the lenders purchase rate 19.9%

£ 4xx.xx Late Charges and Over Limit charges

£3xxx.xx Compound interest@ the lenders purchase rate 19.9%.

Total £8xxx.xx

Minus £8xx.xx (refunded July 2011)

Total £7xxx.xx

A schedule of charges are attached to this Defence and Part 20 claim

24. The Defendant/Part 20 claimant contends that the Limitation Act 1980 should not be used as a defence in this case as the Defendant/Part 20 Claimant did not discover the PPI was added until 2011. Limitation act 1980 32(1)© Also MBNA has refunded in July 2011 The Defendant/Part 20 Claimant the sum of £8xx.xx in relation to PPI.

The Defendant/Part 20 claimant believes that the facts stated in this Defence and Part 20 Claim are true.

Signed:

Date:

[AndyOrch]

Hi, here is a first go at my Defence & Part 20 Counterclaim.

The bits I've fiddled with I've put in bold.

Not sure what number 9 means? It simply means to reiterate your defence within your counter claim say for example your defence was struck out but the CC proceeded then your defence would still be encompassed within the CC.

Not sure about 14 & 15? Lose them

interest rate - am I correct in using 19.9% (as this is quoted on my 'application form')? Sec 69 is 8%and should be at the end of your CC and with the Courts discretion

Am I supposed to add another 8% on top? no see above

Many thanks for your support, Pru

Sorry it seems the formatting has gone a bit haywire.

 

Needs pruning a tad Prudence there is a lot of repartition

 

Andy

[Prudence]

Yes sorry about that,but couldn't wait for you to have a look. So I should not have used 19.9% in the calculation of interest but only 8% as the interest rate for the compound interest? (IMS suggested 24.9 orginally but then Ric pointed out that I must use the rate on my form 19.9%) (as they did not send me any statements I cannot check it). If it is 8% that I am to use then the figures will change dramatically!

[AndyOrch]

No Pru the 8% is on top of your claim (Section 69) and not included in your calculations you simply request the court to allow it should your CC be successful.With regards to the compound check with ims21 but I would use the higher figure.

 

Andy

[Prudence]

Thanks Andy. Just one last question. Is it OK for me to submit my Defence online or am I to post it? Also am I supposed to send a copy to Link or does the Court sort that out?

[AndyOrch]

If it was served via MCOL then yes and no need to copy Plink Northampton will forward your Defence /CC.Needs to be trimmed and tidied first though what is your deadline date?

 

Andy

[ims21]

Hi Pru

 

Responding to your PM.

 

Ok this is with regard to the compound interest on the charges.

 

The interest rate you use should be at least the rate they were charging you on the account.

 

It is possible to use a nominal rate of interest so that you claim full restitution which encompasses the principle that the bank bank have been unjustly enriched by earning profits on the unlawful charges they took and restitution relieves them of that. This is where I suggested the rate of 24.9% as there have been successes using this.

 

The case law for this principle is Sempra Metals -v- Commissioners of Inland Revenue.

 

If you go this route you need to be able to put forward your argument in court on this.

 

If you stick with the rate being charged on the account then you are effectively just getting back from them what they charged you.

 

Have you done some figures using both the rate charged on the account and the higher nominal rate? If so, what impact does each have on the figures in their claim?

 

ims

[AndyOrch]

The defence is fine no problem apart from point 8 which should be at the end of the CC after your statement re sec 69 interest.With regards to the CC instead of keep using the phrase " the Defendant /Pt 20 Claimant " limit this and replace with bullet points or " I will contend or it is claimed "

 

Post up your final draft Pru.

 

Andy

[Prudence]

Thanks Andy, 13 May.

Thanks for your speedy attention IMS - reading your reply now.

[Prudence]

Andy, responding to #215 - many thanks for that, and I'll work on it and post final draft later today.

[Prudence]

IMS21 - many thanks.

If I use the 19.9% rate then the PPI including interest amounts to over £4500 (they paid me circa £800 of this last year). If I use the 24.9% then it amounts to over £7800.

On the Late and Over Limit charges - this amounts to over £3500 with the 19.9% and over £5800 with the 24.9%

Their total claim is around £4500.