Link Claim Forms -MBNA debts

[Prudence]

Shall I acknowledge to "fully defend?" IMS ? Many thanks, Pru

[Prudence]

Hi, I would be grateful for any advice on how to proceed with the claim forms please. Sorry to be a pest, but I'm anxious to deal with them. Thankyou, Pru

[ims21]

Hi Pru

 

Have asked someone to pop in help with the legals

[Prudence]

Thank you

[citizenB]

Responding to S.O.S. Just having a read of how you arrived at this .. BRB

[citizenB]

Oh, so it's OK for one to act unlawfully but the other party must just grin and bear it? Sorry, I forgot my standing for a moment. If the PPI had been valid I would have been able to claim and not got into the mess I ended up in!!!

 

 

Are you saying that, prior to the reclaiming of the PPI - that you had a valid claim and it was refused ?

 

 

Thank you very much. Particulars of claim:

 

The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxx and opened effective from xx/xx/1998. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. The Defendant failed to make payment as required under the terms of agreement and by xx/xx/2002 a default was recorded. As at xx/xx/02 the Defendant owed MBNA Europe Bank Limited the sum of 4xxx.xx By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective xx/xx/2002 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. And the Claimant claims:

1. 4xxx.xx

2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per annum from xx/xx/2010 to xx/xx/12 of xxx.xx and thereafter at a daily rate of .95 to date of judgment or sooner payment. Date 10/04/2012

 

I shall work on the figures this evening. Thanks again.

 

 

Ok where are we at.

 

This "agreement" was entered into around 1998 and it would appear you defaulted in 2002. Around that time, Link are claiming that it was assigned to them.

 

Did you entere into a payment arrangement with MBNA prior to the assignment - or enter into a payment arrangement with Link at a later date?

 

If you made payments to Link, I think that would likely show that you acknowledged they were the owner of the account.

 

Were you making payments to the account prior to the issue of this claim?

If not, when was the last payment made ?

 

Did you ever receive a Default Notice from MBNA prior to the assignment ?

 

IMHO, the agreement is an application form - it quite clearly states so on the document.

There is no way you could have been assured that you would have been accepted for the credit.

On the top of the document in post #1 you are invited to complete the form and then fold it over / seal it and return it to them - no stamp required.

 

This means the later item - Financial terms and conditions - could not have been on that form. Their return address only would have been on the outside of the form.

 

So neither the Financial terms and condition and/or prescribed terms would have been present at the time you signed that document.

 

I think the PPI whether or not signed by you was unrequired - I see that it clearly states you were self employed - therefore it would not have been of any use to you.

 

However, you have been repaid therefore I dont think that you will get any mileage out of that - other than you were misled/mis sold.

 

I see you still have charges to reclaim - are there a lot, that would make a difference to the debt ?

 

Judgments that might assist you in this are MBNA v Lyn Thorius and also Harrison v Link.

 

 

 

Ok your time-line is as follows:

 

Date of issue 10/4 + 5 for service = 15/4 + 14 to acknowledge the claim =29/4 + 14 to get your defence in (if you are defending) = 13/5/12.

 

 

 

 

If you are going to defend then you need to acknowledge on line by 29/4 at the latest.

 

Also, you will need to obtain any information that you require by way of CPR 31.14 - I have posted some information below for you.

 

You can only ask for documents that they have mentioned in the claim form which are - Notice of Assignment - Agreement (and terms and conditions both from inception and current or at the time of assignment) - Default Notice - statement of account, showing how the amount in their claim has accrued.

 

legal issues-compilation.pdf

 

If you are going to defend, then you need to send the CPR31.14 request to the Solicitors acting on behalf of the claimant as soon as you can.

[asokn]

Are you saying that, prior to the reclaiming of the PPI - that you had a valid claim and it was refused ?

 

I think, although I may be wrong, that what is being said is that if valid PPI had been sold then a claim could have been made on it and the debt wouldn't now exist.

[citizenB]

I think, although I may be wrong, that what is being said is that if valid PPI had been sold then a claim could have been made on it and the debt wouldn't now exist.

 

 

So is that a point to argue in any defence, do you think ?

[asokn]

Oh, absolutely not! You're quite right that it's not relevant now.

[Prudence]

Many, many thanks CitizenB for your time here. I've answered the points below, but please let me know if you need any further info. Pru

 

Are you saying that, prior to the reclaiming of the PPI - that you had a valid claim and it was refused ?

 

No, sorry for any confusion. I was just remarking that I had not requested nor even knew I had PPI - as it was added to my account unlawfully (also I was self employed!). But had it been a valid insurance for me, then it would have prevented what followed!

 

 

 

 

 

Ok where are we at.

 

This "agreement" was entered into around 1998 and it would appear you defaulted in 2002. Around that time, Link are claiming that it was assigned to them.

 

Did you entere into a payment arrangement with MBNA prior to the assignment - or enter into a payment arrangement with Link at a later date?

 

Yes, with Link

 

If you made payments to Link, I think that would likely show that you acknowledged they were the owner of the account.

At the time I didn't know any other unfortunately

 

Were you making payments to the account prior to the issue of this claim?

I was making payments up to summer of 2010, when I found out on here that you did not need to make payments to DCAs

If not, when was the last payment made ?

 

Did you ever receive a Default Notice from MBNA prior to the assignment ?

I don't remember receiving a DN

 

IMHO, the agreement is an application form - it quite clearly states so on the document.

There is no way you could have been assured that you would have been accepted for the credit.

On the top of the document in post #1 you are invited to complete the form and then fold it over / seal it and return it to them - no stamp required.

Just had another look and it says "fold and return..... in the envelope provided"

 

This means the later item - Financial terms and conditions - could not have been on that form. Their return address only would have been on the outside of the form.

 

So neither the Financial terms and condition and/or prescribed terms would have been present at the time you signed that document.

 

I think the PPI whether or not signed by you was unrequired - I see that it clearly states you were self employed - therefore it would not have been of any use to you.

 

However, you have been repaid therefore I dont think that you will get any mileage out of that - other than you were misled/mis sold.

 

I see you still have charges to reclaim - are there a lot, that would make a difference to the debt ?

Using the calculator kindly provided by IMS, they total over £5800 (over £1000 more than their claim)

 

Judgments that might assist you in this are MBNA v Lyn Thorius and also Harrison v Link.

 

 

 

 

 

 

 

If you are going to defend then you need to acknowledge on line by 29/4 at the latest.

 

Also, you will need to obtain any information that you require by way of CPR 31.14 - I have posted some information below for you.

 

You can only ask for documents that they have mentioned in the claim form which are - Notice of Assignment - Agreement (and terms and conditions both from inception and current or at the time of assignment) - Default Notice - statement of account, showing how the amount in their claim has accrued.

 

[ATTACH=CONFIG]34811[/ATTACH]

 

If you are going to defend, then you need to send the CPR31.14 request to the Solicitors acting on behalf of the claimant as soon as you can.

 

I did send a SAR to MBNA and Link and I did not receive any Notice of Assignment or such like, nor did I receive any Default Notice

 

Shall I go ahead and acknowledge the claim online first?

[Prudence]

Incidentally, on the data they sent me, there is a whole year missed out of their charges which seemed strange, so I only worked the charges they quoted.

[citizenB]

Oh, absolutely not! You're quite right that it's not relevant now.

 

 

[citizenB]

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 ?

[AndyOrch]

Hi Prudence

 

I will get back to you shortly.

 

Regards

 

Andy

[Prudence]

Hi Andy and thank you very much. P

[AndyOrch]

Hi Prudence apologies for the delay,

 

Ok so you are going to defend and submit a counter claim with your defence.This is known as a Part 20 Counter Claim, there is a fee and both can be submitted on-line vis a MCOL.I understand you have validated your penalty charges using the sites calculator but there is still a years worth of possible charges unverified or undisclosed.

 

I will need to read your thread in its entirety to get the history and advise accordingly, in the meantime as advised by CB you need to request information pertaining to their claim and of course you can acknowledge on line your intentions.

 

Regards

 

Andy

[Prudence]

Andy thank you very much. Shall I wait to acknowledge then as it asks you if you are making a counterclaim how much you are claiming and your reasons?

[AndyOrch]

Andy thank you very much. Shall I wait to acknowledge then as it asks you if you are making a counterclaim how much you are claiming and your reasons?

 

Have you got time to Pru? dont miss the dates, any counterclaim total would have to be adjusted after disclosure of said missing statements.

 

Andy

[citizenB]

Acknowledgment needs to be done by 29/4/2012, Andy

[AndyOrch]

Acknowledgment needs to be done by 29/4/2012, Andy

 

Many thanks CB so we have time then.

 

Andy

[Prudence]

I was just worried that I would get half way through acknowledging online then find I have to answer the Counterclaim questions now & may make a mess of it!

[Prudence]

Do I intend to "contest jurisdiction"?

[AndyOrch]

Do I intend to "contest jurisdiction"?

No

[AndyOrch]

I was just worried that I would get half way through acknowledging online then find I have to answer the Counterclaim questions now & may make a mess of it!

 

Just acknowledge for now, or leave it a tad longer.

[Prudence]

Thank you, you are a Star x