Link Claim Forms -MBNA debts

[Prudence]

But in para 26 I include "Claimant did not discover the PPI was added until 2011"

[AndyOrch]

See above I have edited.

[Prudence]

Thanks Andy. In regard to the fee for the part 20 I have not looked up re fees yet but we are in financial hardship so is there provision for that do you know?

[AndyOrch]

There is a fee (exceeds £3,000 but does not exceed £5,000; £100) and its subject to the value of your CC if you qualify for exemption then you need to complete form :-

 

http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/UsingtheCourtofProtection/DG_176444

 

and http://hmctsformfinder.direct.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=172

[Prudence]

A thousand thank you's!

Will let you know how I get on.

Best regards, Pru

[Prudence]

Hi Andy, still here going over everything! Just to say I changed no. 3 of the Defence as it was Link who I wrote to with a request for the credit agreement. Thanks, Pru

[AndyOrch]

Excellent Pru

 

I did try to sort MBNA from the PLinks (must of missed that one).

 

Regards

 

Andy

[Prudence]

Thank you (they actually wrote to say they "didn't have it" and would have to write to mbna for it - even tho they'd been demanding money from me for years - silly billies!!)

[AndyOrch]

But if the debt had been assigned at that date then they should have it and not advised you to write to MBNA.

 

 

This came into force August 2011.

 

 

Section 82 Consumer Credit Act 1974 the new European Union Directive Assignment of Rights:

 

16. ASSIGNMENT OF RIGHTS

 

16.1 Where any rights of a creditor under a consumer credit agreement (for example the right to be repaid the money) are sold or transferred to a third party, notice of that assignment must be given to the borrower as soon as reasonably possible, except in the circumstances described below. This requirement applies to all regulated consumer credit agreements other than agreements secured on land. This requirement is in new section 82A of the CCA43.

 

 

16.2 It is the responsibility of the assignee (the creditor acquiring the rights) to ensure that notice is given. However, he does not have to give notice himself, but can agree with the assignor (the creditor assigning the rights) that the assignor will give notice instead, depending on what is more sensible in the circumstances. It is important, however, that notice is given as soon as reasonably possible and in a way that is clearly understandable by the borrower.

 

 

16.3 Notice does not have to be given where arrangements for servicing the credit are unchanged as far as the borrower is concerned. For example, if Creditor A sells his rights under a credit agreement to Creditor B but Creditor A still collects the borrower’s repayments in the same way and is the only point of contact for the borrower on matters regarding the agreement, notice does not have to be given.

 

 

16.4 Where notice has not been given, and arrangements for servicing the credit do subsequently change, the borrower must be informed of the assignment on or before the date that change happens. Again, this must be readily comprehensible to the borrower.

 

 

16.5 The definition of "creditor" in section 189 of the CCA applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party."

 

 

Just to make your head spin a little more:-)

[Prudence]

Thanks Andy, more education... I love it! It was August 2010 that they wrote tho, and they said that they themselves were writing to mbna for a copy of the agreement, then 3 months later produced the 'application form'!

[AndyOrch]

Thanks Andy, more education... I love it! It was August 2010 that they wrote tho, and they said that they themselves were writing to mbna for a copy of the agreement, then 3 months later produced the 'application form'!

 

 

Never mind I thought we had a little more leverage.

[Prudence]

Hopefully this is the last question (have I said that before??)

How do I calculate the 8% interest? The number of days are 573 - is there a calculator anyway to do this calculation?

[AndyOrch]

Now are you really really sure Pru? way past my bedtime and I need my beauty sleep:-)

 

To claim section 69 interest you first have to work out the total amount of your claim - excluding interest and court fees. You are entitled to claim interest at 8% per annum on this amount. Work out the 'daily rate' by multiplying 'the amount of your claim' x 0.00022. You also need to count up the number of days from when the money became due up to the date on which you issue the claim. Multiply the daily rate by the number of days to work out the 'interest so far'.

 

Night Pru

 

Andy

[Prudence]

I know, I'm amazed at how good you're looking on such little sleep! Big thanks and definitely..... Goodnight

[Prudence]

Just to update... have received the AQ so having a look at that. I never did receive any response to my 31.14 - should I be doing anything about that?

[AndyOrch]

You can issue a further request in your AQ ( Proposed Directions).

 

Regards

 

Andy

[Prudence]

Hi

Just completing the AQ. Can you have a look at my answers and advise please? Many thanks, Pru

 

A) Settlement - would you like to use the free small claims mediation service - Yes

B) Location - Yes (address of my local court)

C) Track - do you agree the small claims track most suitable? - Yes

D) Witnesses - how many witnesses other than yourself? - None

E) Experts - expert's report? etc - No

F) Hearing - Any days when you will not be able to attend? - mark as appropriate

G) Other information to help judge manage or clarify the claim - help! What should I put in here? I know I need to mention non-receipt of reply to S31.14

 

Any help would be greatly appreciated!

[Prudence]

Andy, if you are about and could spare a minute to check my answers and help me with (G) I just realised I need to get this in the post tomorrow. Many thanks

[Prudence]

Am at work, so will have to check any reply later but any help would be really appreciated many many thanks, Pru

[AndyOrch]

Ok assuming that any CPR request have been ignored then you will still need disclosure.You can suggest Directions ( N149 SCT) if the DJ allows or wait until standard disclosure.

 

So in the " other " section I would advocate something along the lines of:-

 

The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest. By CPR 31.14 dated ( ) I asked the Claimant to provide proper particualrs of the claim. I have received no reply as of this date.

 

I propose the following directions:

 

1 Unless the Claimant shall have by (date) filed and served upon the Defendant fully particularised Particulars of Claim comprising but not limited to particulars of the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest, the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessmwent proceedings if not agreed.

 

2 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and there shall be a stay of proceedings until (date) to enable the parties to settle using the small claims mediation service'

 

Edit to suit

 

Regards

 

Andy

[Prudence]

Thanks so much Andy, will get this sent off tomorrow. Best regards, Pru

[means2anend]

Nice work Andy:-)

[Prudence]

Hi, just to check - is the "Title or number of the form you need the court to issue" COUNTERCLAIM ?

[Prudence]

Also, the schedule of charges I have prepared (which is referred to in no. 26 of my Part 20 Counterclaim) - shall I attach this to the allocation questionnaire as there was no provision for me to attach it online when I submitted my defence and counterclaim? Many thanks

[AndyOrch]

Hi pru

 

You need to use the N9b form ( contained within the summons claim pack) attach your schedule and also don't forget to pay your fee for the CC.Return them with your AQ

 

Regards

 

Andy