Link Claim Forms -MBNA debts

[Prudence]

Re CB's post above:

(Righto.. in which case, I think you need assistance with a good counterclaim argument for the charges

I will try and find someone who can help with that.

Meanwhile, I would send off the CPR31.14 requesting a copy of the Default Notice and Notice of Assignment. I doubt very much you will manage to get a better copy of the "agreement" but it is worth asking also for the terms and conditions from inception and any variations throughout the history of the contract. Plus of course the statement of account showing how the balance has accrued

 

I am wondering if a properly worded letter to Link, regarding the charges, might stop this in it's tracks ?

 

Opinions anyone ? )

 

I am sending of the CPR 31.14 letter today but why not, as CB suggests, write a letter pointing out that I will be submitting a counterclaim for an amount which exceeds their demand?

Couple of questions on this (1) Do the Courts always accept claims for those charges? and (2) Doe the Courts accept the calculator spreadsheets as supplied on here?

Many thanks for all your help guys. P

[asokn]

(1) Do the Courts always accept claims for those charges?

 

Of course not, it all depends on whether you as the Part 20 Claimant can satisfy the court that you should as a matter of law be refunded. You shouldn't consider a counterclaim as a windfall, you will have to work to prove the validity of your claim.

[Prudence]

Excuse me, I am not counting the claim as a "windfall" at all!!! I just want to be finished with these people once and for all but I want my rights as much as anyone.

[asokn]

I'm just answering the question you asked, these claims are not always accepted and you need to know that you will have to work to prove your case. Feel free to ignore my advice if you'd prefer but there's no need to get in a flap!

[Prudence]

I have been through the court process once before with superb help on here so I am aware of the work involved and I am not frightened of work. I'm not getting in a flap and perhaps I am misreading your tone in a couple of your posts. I do not want a penny from these people; I suffered many years from the likes of these companies. However if it is my right and I am advised as I have been in the past, then yes I may go for it. I will take the advice of those far knowledgable than me. However, I thank you for your advice.

[asokn]

And you are welcome

[Prudence]

I forgot to mention earlier that the £10 I sent to Link two years ago when I sent them a SAR seemingly was applied to my account. In case this is of any significance.

[brokebutnotbeatn]

Yes. It was for a SAR and I assume you did not acknowledge any debt. They cannot use a SAR fee to offset against the account.

[Prudence]

Thank you

[means2anend]

Yes. It was for a SAR and I assume you did not acknowledge any debt. They cannot use a SAR fee to offset against the account.

 

CORRECT...done 4 today for an elderly gent who had accounts in 2004...accounts settled BALANCE NIL!!!

[AndyOrch]

Hi Pru

 

Do a search for user Shelley heres a link http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**&p=3753070#post3753070 some success with unfair charges.

 

Regards

 

Andy

[Prudence]

Thanks Means2anend, well done!

 

Thanks Andy, I am reading up on Shelley now. Sent the CPR31.14 off today.

[Prudence]

Hi, to update - I have had no communciation at all from Link and I have their signed receipt of my S31.14 letter which they received on 18 April.

 

I did acknowledge the claim online and ticked "I intend to defend all of this claim". I have not indicated anything about a "Counterclaim" - do I need to or is that notified as part of my Defence?

 

I would really appreciate any advice on how to proceed. Many thanks, Pru

 

Reading through Shelley's case, am I correct in thinking I could run into difficulty as the charges go back more than six years

[citizenB]

Prudence, can you remind me of your timeline again? when do you need to submit a defence ?

[Prudence]

Thank you citizenb. Today was deadline for acknowledgment so I have 2 weeks for Defence.

[Michelangelo48]

pru the guys on here can advise further! but using your sar money to fund is breaching DPA Rules! MA

[citizenB]

pru the guys on here can advise further! but using your sar money to fund is breaching DPA Rules! MA

 

If they havent provided the data, then yes they are breaching the rules.

 

However, they can then use the money however they wish. What they cannot do is use that £10.00 to reset the statute barred or time limitation clock. It is an unsolicited gift, one which the account holder has not sanctioned or acknowledged in anyway

[Prudence]

Hi, to update - I have had no communciation at all from Link and I have their signed receipt of my S31.14 letter which they received on 18 April.

 

I did acknowledge the claim online and ticked "I intend to defend all of this claim". I have not indicated anything about a "Counterclaim" - do I need to or is that notified as part of my Defence?

 

I would really appreciate any advice on how to proceed. Many thanks, Pru

 

Reading through Shelley's case, am I correct in thinking I could run into difficulty as the charges go back more than six years

 

Thank you, Link did reply a with a statement of all actions occurring since they had the account in their hands, that was all.

Could you advise on how to proceed following update above please? Many thanks, Pru

[citizenB]

It is my understanding if you are going to counterclaim, then you do it as part of your defence.. if you are submitting your defence online then you would enter you defence, then underneath your counterclaim.

 

I am pretty certain I have seen one just recently. I will find the link and post it here for you. Probably tomorrow now.

[Prudence]

OK many thanks CitizenB

[Prudence]

How can I submit my defence when they haven't sent me the required documents I asked for in the S31.14?

[Prudence]

Hi, would be very grateful for any advice re my post #149 and what to do about the lack of response to my S31.14? Do I follow up?

I'm worried about how I'm going to be able to put together a defence without the documents they are referring to.

[AndyOrch]

Hi Prudence

 

Have you any other reasons to defend apart from a non response to CPR 31.14? Your Counter Claim will be submitted with your defence, this is known as as Part 20 Claim.

There is a fee and you should prepare a spreadsheet of charges and evidence to back up your claim.

 

Regards

 

Andy

[Prudence]

Thanks Andy. One thing is the 'contract' they are relying on is the application form I completed originally for mbna - is this acceptable as an Agreement? I know I have received the PPI amount but my application form had the PPI ticked by someone (not me!) Also I was clearly 'self employed' so not eligible. Does this not have any bearing at all on matters? I don't remember receiving a Notice of Assignment of Default Notice.

[AndyOrch]

Some applications can double as the agreement once activated by the card (post 2007) providing it as the perscribed terms and as been executed then it may well be enforcible.Plink invariably ever respond to CPR requests so you need to draft an holding defence with other reasons for defending.None response to CPR can not be used as a defence as the courts will accept that they will disclose at Standard disclosure.You may be able to force the issue at AQ if its Fast Track.

 

You state " know I have received the PPI amount (Refund ?)but my application form had the PPI ticked by someone (not me!) Also I was clearly 'self employed' so not eligible. Does this not have any bearing at all on matters? Yes on your Part 20 Counter claim I don't remember receiving a Notice of Assignment of Default Notice. Again not really a valid reason as a defence they will simply state well they were sent.

Andy