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


manc1976
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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.

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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??!

The financial system is collapsing, time to raise a glass to the end of the biggest pyramid scheme in history - The Debt Industry :whoo:

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  • 6 months later...
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!!!

It's all fun and games until someone loses an eye :D

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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 :eek:

 

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 :-D

It's all fun and games until someone loses an eye :D

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  • 1 year later...

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:

 

link_mbna_25October2010001.jpg

 

 

And then today we get this:

 

link_mbna_29October2010001.jpg

 

 

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

 

Thanks in advance

It's all fun and games until someone loses an eye :D

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  • 3 weeks later...

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

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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

It's all fun and games until someone loses an eye :D

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IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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  • 2 weeks later...

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:

 

MBNA-Link-Court001.jpg

 

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

It's all fun and games until someone loses an eye :D

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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

It's all fun and games until someone loses an eye :D

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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

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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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.

It's all fun and games until someone loses an eye :D

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

 

Regards

 

Andy

We could do with some help from you.

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And move it all to legal

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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2 Threads merged.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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