MBNA - Link County Court Claim - ** CASE DISMISSED**

[manc1976]

I agree, Post 87 is spot on.

 

It is not up to us to chase them.

[Elgrand]

Just wanted to say GREAT thread, subbed, and also that spot 87 is a CRACKER of a post.

Hello Manc1976,

 

I agree with A+, great thread and I've made reference to post 87 in one of my threads.

 

Great piece of advice, but must say, I'm an impatient so & so and finding it hard to resist chasing.

 

Cheers Elg.

[A+]

Yes i agree, for those who need CLOSURE, leaving it all open is HARD to do, but as the author of post 87 stated, you may get BETTER and FASTER CLOSURE leaving it like this, as if and when it finally lands up in court, they have SO LITTLE argument left if the dates are ridiculously overdue to comply.

Great advice. Anyone got comments on my MBNA alleged agreement above PLEASE??!

[joemay]

Hi Manic,

 

Have been reading your thread with interest. Have there been any further developments?

[manc1976]

I have not heard anything for a while now, but last time I said that, I had a letter waiting for me when I got home, lol

[manc1976]

I have not heard anything for a while now, but last time I said that, I had a letter waiting for me when I got home, lol

 

 

And BINGO, I have a court letter to do with Argos on my doorstep when I got home today!!!

[underdog13]

And BINGO, I have a court letter to do with Argos on my doorstep when I got home today!!!

 

I think you'd better start saying 'I haven't had a lotto win in ages', then wait for your numbers to come up!

[joemay]

I think you'd better start saying 'I haven't had a lotto win in ages', then wait for your numbers to come up!

 

Manc, start saying that out loud - but don't forget to buy your ticket

[manc1976]

I think you'd better start saying 'I haven't had a lotto win in ages', then wait for your numbers to come up!

 

I never win the 6 number jackpot on the UK lottery

 

Manc, start saying that out loud - but don't forget to buy your ticket

 

My tickets are Direct Debit so they are paid for automatically

[joemay]

I never win the 6 number jackpot on the UK lottery

 

 

 

My tickets are Direct Debit so they are paid for automatically

 

Smart move:D

[manc1976]

1 year on and after refusing to speak to Link on the phone for the past few weeks, this arrives in the post a couple of days ago:

 

 

 

And then today we get this:

 

 

 

What is the current state of play with these monkeys, as it has been a long while.

 

Thanks in advance

[robcag]

Hi manc

 

I only just saw your PM (not been on CAG much for various reasons, though still busy with several disputes one of which is in court in just over a week) asking me to look in on this thread and comment. Having looked in, I'm surprised nobody else has commented in almost 3 weeks.

 

Sorry if I've forgotten the state of play and what has gone before with your situation, but at first glance it seems like Link are trying to pass off a purported NoA on you (probably because they stuffed up before), but I bet they didn't send it by Recorded or Special Delivery. If they didn't, and as long as you don't acknowledge receipt, they've stuffed up again! I've recently received broadly similar stuff from 1stCrudite, now just over 3 years since I sent in a CCA request, but I've filed it under 'Ignore'.

 

The so-called LBA would appear to be more hot air from Link. They haven't bothered to list any documents upon which they rely (pursuant to Annex A, paragraph 2.2(1), referred to at paragraph 7.3 of Section III, to comply with the requirement to set out in a letter before claim a list of; “… the essential documents on which the claimant intends to rely” (see; http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_pre-action_conduct.htm#IDA51YOB ) although I don't know how much the court would take that into account if they do actually issue a claim (unlikely IMHO, but I can't remember if you've received any documents previously - though I suspect not).

 

The 'LBA' seems very cock-sure that they will win .... "We shall obtain and enforce etc. ...).

 

I know my reply is a bit late, but to be quite honest, I would just ignore the letters.

 

Good luck!

 

Cheers

Rob

[manc1976]

Hi Rob

 

Many Thanks for replying to my thread, especially as you are not around as much as you used to be.

 

Hope you are well and best of luck with your disputes.

 

Manc

[penmarine]

subbing

[manc1976]

Hi

 

My MBNA/Link thread with background info is here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?141116-MBNA-Link-Financial

 

Today, my OH received a Claim from Link in the post via Northampton Bulk Centre

 

Here is a copy of the claim:

 

 

I have several questions to start off with, and would appreciate any help that I can get.

 

1) The Claim is dated 2 December, so does this mean that the Date of Service is 7th December?

2) If 1) is correct then does this mean that I have 14 days to acknowledge receipt and if I am dis-agreeing with the claim then I have 28 days from the Date of Service to file a defence. Are the 28 days working days or just 28 days, and what happens with Bank Holidays?

3) I am away on holiday from 18th December until 2nd January, and also with posting days being reduced during Xmas, how does this also affect me.

 

I am just off to read some threads about CPR, so will be back with more questions soon, as I need to do some reading up.

 

Thanks in Advance

 

Manc

[manc1976]

Today, we have a letter from the Northmpton Bulk Centre.

 

I have created a new thread in the Legal Issue section and the you can be directed to it here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?286612-MBNA-Link-County-Court-Claim

[42man]

14 days from the date on the claim form....interesting particulars including the 'deed' of assignment and the 'notice' of assignment.....so under CPR31.14 (if you are going to defend) then you can list, the agreement, the default notice, the termination notice, the deed of assignment and the notice of assignment, and for good measure i'd be asking for statements for the duration of the agreement. - read this - http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED

[Jeff2000]

Duplicate post.

Edited December 8, 2010 by Jeff2000
Duplicate post.

[Jeff2000]

Hi,

 

 

You can either fax or e-mail your defence, so no need to worry about the post.

 

 

Regards, Jeff.

[manc1976]

Hi,

 

 

You can either fax or e-mail your defence, so no need to worry about the post.

 

 

Regards, Jeff.

 

Ok that is that bit sorted, but the issue I do have is that I am not in this country from 18th Dec till 2nd Jan, and if I do defend (which is looking likely), then my defence needs to be in by the 4th Jan (or is it the 30th December)

 

Also, when I send my CPR to Link, I will not know if they have responded, as I will not be here to get the post, so am unsure what to do about it.

 

I have started to read that link 42man, and I was also interested to see Link mentioned the deed of assignment.

 

The default notice they claim to have issued on 30/7/2007, does not exist as far as MBNA are concerned as they did not send me this when I SAR'd them, and also when I queried it. Link however did issue a DN almost 1 year later!!!! In the SAR, there was no NOA sent to us to notify us that that Link had been assigned the debt either.

 

I will be back in a bit after reading up more, as I want to get something sent to them tomorrow.

[manc1976]

Forgot to mention that they are claiming over £8k which includes a shed load of interest charges !!

[AndyOrch]

Why have you split the thread Manc you realise you lose all the background.Ill arrange to merge them again.

 

Regards

 

Andy

[AndyOrch]

And move it all to legal

[MARTIN3030]

2 Threads merged.

[AndyOrch]

Thanks Martin