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MBNA and Arrow Global - claim form received - bal prob all unlawful charges ***Struck Out With Costs***


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Think I am going to have to play this one by ear

 

What I do depends on whether the SAR response comes through

 

Once I file a defence, presumably a court date is then set. This would extend the time that I have to get the SAR response. One question though - how much costs & sourt fees are added at this stage? The claim is for approx £1300 if that helps in terms of what track it gets allocated to.

 

At what point can I do the CPR thingy?

 

Cheers

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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just been reading some other threads. Is it too early to send a CPR request? Do I need to wait until after I acknowledge? Should I acknowledge now and immediately send a CPR request?ThanksAm aiming to do some work on this tomorrow...

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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Never to early, as soon as anyone is in receipt of a summons send off a CCA sect 77/78 request and a separate CPR request.

 

Andy

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Already done a CCA request (earlierin thread) which they responded to after some delay. For the CPR - can I ask for a full breakdown of transactions and charges on the account - i.e. how do they come to the figure they are claiming? Is there a template CPR letter that also states that the defendant suspects that a large proportion of the balance is made up of charges?

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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The CPR wont get your full statement the CCA should give you a statement of account, maybe 2/3 months some supply a full 6 years.Have you done a DSAR previous to litigation being commenced? Do you still have access to on line banking with this account? Have you never retained any statements (hard copy) from the account?

 

Andy

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The CCA response I received some time ago had a copy of the agreement and one statement. Claim form is from Arrow's sols. SAR was sent to MBNA approx 1 week before claim form turned up. In my SAR letter, I requested details of all charges (not just 6 years). Don't have any old statements and it was never online so no access

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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So if you have no statements filed and no access to the history how do you know that the claim may contain a large number of unfair charges?

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On the one statement they did supply it had one £12 late fee and one £12 overlimit fee. On my equifax report (which only goes back 6 years) there are 20 late payments. Account limit was £700 and closing balance was showing at £1300. Hence it is likely that at least £240 in late charges have been applied and probably a simialr figure in overlimit fees (that's just in 6 years and I remember my finances being a mess for a long time before 2007) . That's my thinking, is it flawed? Please tell me if I'm barking up the wrong tree here. The truth may hurt but I'd rather know what I am dealing with and make the right call. (sorry for no paras - my work pc browser doesn't likle tjis forum)

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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Also, my recollection is that I often had charges applied to the account. That's all the info I have and unitl I get SAR response and/or CPR, I won't know for sure...

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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On that understanding then until you are in possession of said data and able to quantify an exact figure you would have to submit a short holding defence

with the implication that the claim is largely made up of unfair charges and it will be your intention to defend and request an accurate adjustment.

Worst scenario is you lose on all points or they might agree a settlement and drop the claim another would be that the claim is adjusted but you still get a CC(albeit for a lesser amount)

 

Andy

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...and if I do end up with a CCJ, I can always pay up within 28 days and avoid it being placed on my credit file (nullify it) so long as the costs and fees don't mount up too high. Going to sent CPR request tomorrow so will be back on here to read threads and compsoe letter.On page 3 of this thread, ims makes some interesting points about the way that unfair charges mount up with compounded interest. Will have to look into that a bit more too

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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Question that has just popped into my head: Can I counterclaim for charges that are over 6 years old or not?

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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Question that has just popped into my head: Can I counterclaim for charges that are over 6 years old or not?

 

Well the Claimant will argue not under Statute Barred but of course that is nonsense I have seen claims go back further than 6 years

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We could do with some help from you.

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Hi

 

As Andy rightly says, you can claim back further than 6 years.

 

The basis for that is s32(1)© Limitations Act 1980. The relevant case law is Kleinwort Benson v Lincoln City Council.

 

You'll need to be familiar with these aspects in case you need to present your case in court.

 

Regards

 

ims

 

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Right - going to work on the CPR

 

Is this template the right one?: http://www.consumerwiki.co.uk/index.php/DCA:_Using_CPR_31.14_to_Your_Advantage

 

If so, I'll personalise this and add a bit about needing to know all the chages applied to the account since it was opened in 1999

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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Hi Mr Hat

 

The CPR31.14 is only for documents referred to in the P.o.C (if any) CPR18 would be away to inquire information re statements/charges.

 

Regards

 

Andy

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would it be wise to send both? I haven't seen the dafault notice or letter of assignment...

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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Their PoC refers to an Agreement an Assignment an a Default Notice so the CPR 31.14 should take care of those.

 

With a CPR 18 request you must request information pertaining to points you raise but dont turn it in a fishing excercise.I would send both.

 

 

Andy

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I'll get working on both. I did read that they may claim that they need not comply with CPR 18 if the claim is under £5k and likely to end up in small claims...

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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I'll get working on both. I did read that they may claim that they need not comply with CPR 18 if the claim is under £5k and likely to end up in small claims...

Your beginning to sound like most of the DCAs tin pot law Dept's, obviously not one of my posts:wink:

We could do with some help from you.

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Is this ok for CPR 31.14? If so I will send it off tomorrow. Just working on CPR 18 but can't find any templates so doing it from scratch

 

 

Dear Sir,

Re:
(Claimant'sname)
v
(Your name)
Case No:

CPR 31.14Request

On 16
th
August I received the Claim Form in this case issued by you out ofthe Northampton
County Court (CCBC).

I confirm havingreturned my acknowledgement of service to the court in which Iindicate my intention to contest all of your claim.

Please treatthis letter as my request made under CPR 31.14 for the disclosure andthe production of a verified and legible copy of each of thefollowing
documents mentioned in yourParticulars of Claim:

1 Theagreement.
You will appreciate that in an ordinary case and byreason of the provisions of CPR PD 16 para 7.3, where a claim isbased upon a written agreement, a copy of the contract or documentsconstituting the agreement should be attached to or served with theparticulars of claim and the original(s) should be available at thehearing. Further, that any general conditions incorporated in thecontract should also be attached.

2 Theassignment

3 The defaultnotice

4 Thetermination notice (if one exists)

You shouldensure compliance with your CPR 31 duties and ensure that thedocument(s) I have requested are copied to and received by me within7 days of receiving this letter. Your CPR 31 duties extend to makinga reasonable and proportionate search for the originals of thedocuments I have requested, the better for you to be able to verifythe document's authenticity and to provide me with a legible copy.Further, where I have requested a copy of a document, the original ofwhich is now in the possession of another person, you will have aright to possession of that document if you have mentioned it in yourcase. You must take immediate steps to recover and preserve it forthe purpose of this case.

Where I havementioned a document and there is in your possession more than oneversion of that same document owing to a modification, obliterationor other marking or feature, each version will be a separate documentand you must provide a copy of each version of it to me. Yourobligations extend to making a reasonable and proportionate searchfor any version(s) to include an obligation to recover and preservesuch version(s) which are now in the possession of a third party.

If you requiremore time in which to comply with this request you must tell me inwriting. You must tell me before the time for compliance with thisrequest has expired. In telling me you require more time you musttell me what steps you have taken and propose to take in order tocomply with this request and also state a date by when you willcomply with this request. In addition your statement must beaccompanied with a statement that you agree to an extension of thetime for me to file my defence. Your extension of time must be notless than 14 days from the date when you say you will have compliedwith my request and you must state the new date for filing mydefence.

If you areunable to comply with this request and believe that you will never beable to comply with this request you must tell me in writing.

Please note thatif you should fail to comply with this request, fail to request moretime or fail to agree to an extension of time for the filing of mydefence, I will make an application to the court for an order thatthe proceedings be struck out or stayed for non-compliance and asummary costs order.

I do hope thiswill not be necessary and look forward to hearing from you.

Yours faithfully

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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and here is my first stab at the CPR 18 letter? Not as confident with this one? Is it any good and can someone let me know what needs adding or changing? Many thanks

 

 

Dear Sir,

Re:
(Claimant'sname)
v
(Your name)
Case No:

CPR 18Request

On 16
th
August I received the Claim Form in this case issued by you out ofthe Northampton
County Court (CCBC).

I confirm havingreturned my acknowledgement of service to the court in which Iindicate my intention to contest all of your claim.

Please treatthis letter as a request under CPR part 18.

I suspect that alarge proportion of the amount being claimed is made up of chargessuch as 'late fees' and 'overlimit fees'.

I thereforerequest the following documentation:

1. A full listof transactions on the account since it was opened in November 1999including all charges and interest added. This can be in the form ofstatements or a print out of all transactions from MBNA's systems

2. Any otherdocuments that you intend to rely on in court

Iwill require this information within the next fourteen days. I mustadvise you that if the information is not forthcoming, it will bereported to the Court that you are trying to frustrate proceedingsand denying me the opportunity to file a defence and counter claim.

I do hope thiswill not be necessary and look forward to hearing from you.

Yours faithfully

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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Request for Information pursuant to CPR 18

On 16
th
August I received the Claim Form in this case issued by you out of the Northampton County Court (CCBC).

I confirm having returned my acknowledgment of service to the court in which I indicate my intention to contest all of your claim.

Please treat this letter as a request under CPR part 18.

I suspect that a large proportion of the amount being claimed is made up of charges such as 'late fees' and 'over limit fees'.

I therefore request the following
information
:

1. A full list of transactions on the account since it was opened in November 1999 including all charges and
interest
link3.gif
added. This can be in the form of statements or a print out of all transactions from MBNA's system.

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be necessary for me to make application pursuant to CPR18.1 to request the court seek your compliance.

I do hope this will not be necessary and look forward to hearing from you.

Edited by Andyorch

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thanks Andy.

 

I'll get printing and send them by recorded delivery tomorrow.

 

My final qs and then I'll stop bothering you! :-)

 

1. I have not yet acknowledged. Would it be wise to do so tomorrow especially as I have stated that I have acknowledged the form in my letters?

 

2. Seperate envelopes or same envelope? I'm assuming seperate

 

3. Which address do I send them to? Claimant (top left box) or 'Address for sending documents and payments' (box beneath Claimant box). I assume the latter but better to be sure

 

Cheers, Mr Hat

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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thanks Andy.

 

I'll get printing and send them by recorded delivery tomorrow.

 

My final qs and then I'll stop bothering you! :-)

 

1. I have not yet acknowledged. Would it be wise to do so tomorrow especially as I have stated that I have acknowledged the form in my letters? Yes

2. Seperate envelopes or same envelope? I'm assuming seperate Doesn't really matter save postage I assume recorded

 

3. Which address do I send them to? Claimant (top left box) or 'Address for sending documents and payments' (box beneath Claimant box). I assume the latter but better to be sure

 

Cheers, Mr Hat

 

Andy

We could do with some help from you.

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