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

[pt2537]

Thats what threw me too, i thought it was a straight strike you had gone for

[manc1976]

Thats what threw me too, i thought it was a straight strike you had gone for

 

So the question is, should I contact the court and get the situation clarified again, or wait for it to be moved to my local court and then deal with it??

[AndyOrch]

Clarification would be advantageous, the transfer will happen come what may but because the order states "The application to strike out the claim must be heard on notice to the claimant" simply means at an hearing which of course you neither payed or opted for. CCBC have taken your application as a strike out,hence the above statement which would need the Claimant present, not for disclosure.

 

Andy

[manc1976]

I will get the OH to phone Northampton tomorrow and see what happens

[manc1976]

Phoned the court this morning, and they said I had made an application for an extension, I told them they were applying for disclosure. I then told them about what the General Directions Order said, and they told me to contact the court it had been moved too.

 

So I phoned the local court, and they said that the DJ will read through the application and take it from what we have asked for and not what the notes have stated. Sounds like a bit of a botch job to me tbh, but they have said that the DJ will look at it next Wednesday. Will keep you posted.

[manc1976]

Quick update

 

Letter from the court today to say that Unless Link comply with my CPR request by 4pm on 2nd May, the case will be struck out

 

Tick Tock !!

[manc1976]

Had a reply from Link today with the following:

a. Credit Agreement and Full Terms and Conditions

b. Reconstitution of the Default Notice issued 18th September 2008

c. Deed of Assignment

d. Notice of Assignment

 

No Termination notice was issued as the default notice was a dual-purpose notice, the agreement was terminated on expiry of the notice.

They then go on to say that I have until x date to submit my defence, as stated by the DJ in the ruling of my application.

 

Straight away, there are a few things I noticed, so will deal with them in order:

 

a. The credit agreement is the same one they sent me ages ago (Post 18 ) , that is clearly a microfiche copy, and I cannot read the terms on the second page again. The separate terms and conditions have no relation to the agreement, but it states "Please refer to your credit agreement for conditions 8 & 9" which are impossible to read. The DN also made reference to sections 1b and 8. There is no 1b on any document.

 

b. The reconstituted DN they sent me, has different dates on it compared to the one I received in post 48 and also the reference number are different.

Where it states the Reference Agreement Number, on the original is shows Link's ref number and on the new version it shows the MBNA agreement number.

 

They claim the DN was issued on the 18th September 2008, but the original shows as 22nd September, and the date to remedy as 7th October 2008 as opposed to 6th October 2008 on the original.

 

They have in both cases failed to request the arrears but instead request the full amount.

 

I don’t know what the law says about reconstituted DN's, but the one they have done has many mistakes!!

 

Also, in the POC they say a default was recorded on 30th July 2007, a default was recorded, but the DN was not sent until a year later. I don’t understand this properly, but someone earlier in the thread said it could be down to the banking code.

 

The account was terminated on or after 6th October 2008 according to the DN, so therefore there is no agreement. How can they enforce a terminated agreement?

 

c. The Deed of Assignment, is basically a letter from MBNA explaining the Offer of Receivables and the second page is just a list of names, amounts and account numbers, all blacked out except ours.

 

d. The notice of assignment they claim to have sent, has a date of 28th August 2007 on it, mine says 23 Feb 2009 (over a year later) and another from 25th October 2010 (3 years later!!!!!) and all have different amounts on them. There is no letter from MBNA.

 

 

I think I have covered anything, and advice on what to do next would be appreciated, as I have 5 weeks to submit a defence.

 

Thanks

Edited April 15, 2011 by manc1976

[manc1976]

Any comments would be appreciated

 

Thanks

[manc1976]

Right, this weekend, I need to start work on the defence. Is there a set format I need to follow and where do I start??

[pt2537]

why do you need to do the Defence this weekend?

 

I wouldnt rush things

 

 

In fact, id say given my experience with your opponents, and given the strength of your case, and given the extra time you have you should not try to rush through your defence.

 

It looks to me there are all manner of issues here, problems all over the place and not to mention that some of the terms produced arent compliant with the Unfair Terms in Consumer Contract Regulations 1999 and also some are an attempt to contract out of the CCA 1974 which automatically voids them per s173.

Edited April 29, 2011 by pt2537
adding to post

[manc1976]

Hi

 

The only comment I can make about this thread now, is that the case has been dismissed.

 

Thanks for everyone's help on this thread and of course the existence of CAG

[A+]

yeeeehaaaaaaaaa

[AndyOrch]

Was it struck out Manc?

 

Andy

[underdog13]

Congratulations, Manc.

[manc1976]

Thanks again guys

[citizenB]

Will amend your title, but can you please give us a bit more information.

 

Dismissed.. did you actually go to court or was it discontinued.

 

Did you get costs.

 

Or.. are you bound by confidentiality clause.

[manc1976]

Hi CB

 

Yes we are bound by a confidentiality clause

 

Thanks

[citizenB]

Ok, no problems.