mbna - link issued court papers help?

[almond]

hi

not sure what to do and i don't have a scanner

march 09 sent letter asking for cca to mbna then april got papers just photo copies and a statement page

send action in dispute to them and then kept getting calls , old thread and it got sorted

then was sold to other companies (can't find old letters offering me deals)

 

the card was never taken out with mbna it was macmillians and mbna took it over when macmillians stopped doing cards. so know i never signed an agreement with mbna (not sure if that makes any difference)

friday got court form

 

particulars of claim

the claiment claim the whole of the outstanding balance under an agreement ref xxxx and opened effective from 24/08/04.

the agreement is regulated by the cca 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 the agreement and by 31/03/09 a default was recorded. at 23/04/09 the defendant owed mbna £5.457.22.

by an agreement in writing the benefit of the debt has been legally assigned to the claimant effective 23/04/09 and make regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter. and the claimant claims:- 1 5.587.22 , 2 interest pursuant to section 69cca 1984 at rate of 8% per annum from 23/04/09-19/07/11 of £922.05 and thereafter at a daily rate of 1.42 to date of judgement or sooner payment . Date

 

 

Saturday

got a default notice which states

this notice relates to default sums and we are required to give it to you to comply with cca 1974.

you have incurred a litigation charge of £130.00 which was applied to your account 18/07/11.

This notice does not take account of a default sums which we have already told you about in another default sum notice, whether or not those sums remain unpaid.

total amount of all the default sums included in this notice £130.00

Interest

we are not entitled to charge you interest on the default sum for the first 28 days after we have given you this notice. after this time we can charge you interest at the contractual rate however, we have elected not to charge interest on the default sum.

 

I don't seem to remember getting a default from them before and i used to get junk mail but since as i believed the account was in dispute i never took any notice.

 

can i ask for help not sure what to do or were to go

thanks

Edited July 26, 2011 by almond

[citizenB]

Well for sure they cant add litigation charges until such times as litigation takes place and they have won !

 

Can you let us know the date of issue on the claim form.. you can find that on the top right hand corner of the form under the claim number.

 

You will need to decide if you are going to defend the claim in part (because the statement balance is in dispute) or in full.. or not at all.

 

If you are going to defend then you will need to ask for documents mentioned in the Particulars of claim. Ie the Notice of Assignment, the agreement, the default notice.

 

You might want to have a read round of other MBNA threads where litigation has taken place. Those that have been won and lost.

 

There was a particular case in the media just recently .. Harrison v Link. Originally Mr Harrison took Link to court in regards to harassment, but MBNA were brought in on the claim .. makes for interesting reading.

 

I will try and find some links for you.

[almond]

claim form dated19th july

default letter dated 19th july

i will need to defend since i can't pay but are worried i will lose my house

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?296622-Harrison-vs-Link-Financial-Limited-High-Court-judgment

 

Here you go. Both the judgment and the press reporting on the case

[dx100uk]

why are they sending out DN's when they have issued court proceedings?

 

seems strange.

 

x

[almond]

why are they sending out DN's when they have issued court proceedings?

 

seems strange.

 

x

its says one has already been sent

 

this default notice does not take into account of default sums which we have already told you about in another default sum notice , whether or not those sums remain unpaid.

no date is given for one they say they have sent?

[citizenB]

dx, I dont think it is a default notice, but a Notice of Default Sums.. which they are supposed to send out regularly.

 

Ok.. date of issue - 19th July + 5 days for service = 24th July + 14 days to acknowledge = 7th August + 14 days to submit defence (if you are defending) = 21st August.

 

You need to send a CPR31.14 for the paperwork mentioned on the POC. Link below.. as I said, have a read round other threads first before making up your mind..

 

You will find a draft of the letter in the first post of the link below. Please read it carefully and amend to suit your circumstances.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

[almond]

do i send the letter to both court for they reference and to link? i will have a good read and is it ok if i post on here for you to read it?

shall i send link a copy of papers i was sent in april 09 which is suppose to be my cca ?

[citizenB]

do i send the letter to both court for they reference and to link? i will have a good read and is it ok if i post on here for you to read it?

shall i send link a copy of papers i was sent in april 09 which is suppose to be my cca ?

 

 

You send the CPR letter to the solicitors named on the claim form ONLY. But do send it recored/or special delivery post and KEEP the receipt. Make a note of the date by which you should receive any information.

[citizenB]

Yes, if you are unsure of anything.. post up and we can check any drafts for you.

 

You DONT send LINK anything .. yet..

 

You are asking for information in order to assist you in your defence.

[almond]

hi

on the claim form it says

address for sending documents and payments

link financial

caerphilly

 

and says the claimant is

link financial ltd

camelford house

88 albert embankment

london

 

so do you think they have inhouse legal team and i send it to caerphilly?

[almond]

morning been looking around and have copied over the letter i need to send but wanted to know how and if i should include in letterdated april 2009 when i asked for cca I had a letter with 4 pages of photocopied t&c , one page of statement and one of info. They state in the letter they are complying with cca 1974.

 

On 19th July 2011 I received the Claim Form in this case issued by you out of the Northampton County Court

 

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

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

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

 

Yours faithfully

[almond]

http://www.consumeractiongroup.co.uk/forum/showthread.php?314420-mbna-link-issued-court-papers-help

 

hi

I have been looking round site and think i posted my thread on wrong area is it ok if i move it to here?

 

i can't edit the link but have got confused about macmillians and virgin, so sorry

i thought i had taken out a macmillians card but think i paid it off and it was transfered to virgin mbna , it was such a long time back

Edited July 27, 2011 by almond

[AndyOrch]

Hi Almond

 

Had a look at your thread, when you requested a copy of your CCA to MBNA and they responded with a photocopy did it have Macmillan on or MBNA on the agreement/application ?

 

Regards

 

Andy

[almond]

Hi Almond

 

Had a look at your thread, when you requested a copy of your CCA to MBNA and they responded with a photocopy did it have Macmillan on or MBNA on the agreement/application ?

 

Regards

 

Andy

 

HI Andy

i think i got it wrong i was sure i applied to macmillians but its virgin on the paperwork that came back, i think it might have been transfered to virgin mbna , sorry getting myself in state, i am going to delete the bit about macmillians

all i got back was 4 pages of photocopied t&c one with virgin statement mbna on the side and general info on back page

[AndyOrch]

If you can get a friend to make a scan of it, you really need to upload to allow others to voice their opinion.

 

Andy

[almond]

HI

Will try but its just a standard printout of t&c that are sent to anybody , do you have any ideas as to whether i let them know i have a copy of cca when i send the letter asking for more info?

[AndyOrch]

You never let your opposition know anything if its to your advantage.Your request came from the OC (assigned) let the claimant

now produce it, after all they have brought these proceeding based on that agreement.

 

Regards

 

Andy

[almond]

thanks will draft letter and let you see if its ok

xxxx

[maroondevo52]

Hi, almond.

 

I have merged both your threads.

 

Regards.

 

Scott.

[almond]

HI

just an update asking for advice

sent letter to link and had this returned

11th august

we write further to your letter dated 7th august

please be advised that we require an additional 28 days to compile papers and forward them to you.

we confirm that the hold remains upon the account and no default judgement shall be requested within 14 days of the date the documents are provided.

we do not consider it necessary to file an application seeking further time to provide documents though if you require we do so please confirm and we shall do so.

 

letter from court

acknowlege of receipt of defence i did on internet.

 

what do i do now?

thanks

[AndyOrch]

Request conformation of the extension then inform Northampton requesting same pursuant to CPR 15.5 attaching their agreement.

 

Andy

[almond]

hi andy

you have lost me not sure what you mean

[AndyOrch]

They have requested an extra 28 days to get the documents their claim relies on. They state the Court doesn't need to get involved and they wont pull the trigger

( default judgment) because you will miss your defence date.So you inform the court and request an extension CPR15.5 and accept their offer " though if you require we do so please confirm and we shall do so." You cant ask for an extension without their agreement they have offered so you need to conformation to attach to your request to the Court.

 

Andy

[almond]

thanks but the letter from them was dated 11th august so they have had a lot more than 28 days and i still have'nt got any papers of them , i did that letter i was told to asking for info from them