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MBNA Claim form recieved.... advice required.


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Afternoon all,

 

Another day, another claim form! This time I wont make the same mistake as before and jump ahead... instead I wanted to ask for advice on how to best proceed.

 

Ive attached a copy of the Claim form and would like to know what I should do next. CPR 31.14? 18?

 

All advice would be much appreciated.

 

Thanks.

 

Claim Form:

MBNAClaim.jpg

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Hi,

 

Can anyone provide any advice? Im a little worried that if I decide to defend and then put a CPR 31.14 request, that I might get all the documents which would leave me on very thin ice. Surely if they mention things like the credit agreement in the POC then they would have this document to hand?

 

I'll give it another day to see what advice I get before I decide how to proceed.

 

Thanks in advance.

 

Also - if the decision does go in the favour of MBNA how would the repayment method work? Im currently unemployed and have no income, so would I be setup on some sort of monthly repayment?

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Relying on the Claimant to not be able to furnish any documents pursuant to its claim is very thin ice, please tell me you have a more tangible reason to consider defending?

 

Andy

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Relying on the Claimant to not be able to furnish any documents pursuant to its claim is very thin ice, please tell me you have a more tangible reason to consider defending?

 

Andy

 

Hi Andy,

 

I do remember CCA'ing MBNA a while back and I never got a response, so assumed that they didnt have an enforceable credit agreement... hence why Im considering defending. Do you think it would be best to admit and then get into some sort of repayment plan?

Ive struggled financially hence the reason Im in this mess.

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You should CPR in plenty of time to consider if there are grounds for defence, have you retained your section 78 request as proof?

Could there be any unfair charges or even mis sold PPI contained to reduce the debt?

Partial admittance will guarantee a CCJ if thats not a problem then you could admit and offer a proposal.

 

 

Andy

We could do with some help from you.

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You should CPR in plenty of time to consider if there are grounds for defence, have you retained your section 78 request as proof?

Could there be any unfair charges or even mis sold PPI contained to reduce the debt?

Partial admittance will guarantee a CCJ if thats not a problem then you could admit and offer a proposal.

 

 

Andy

 

Ok, so I will put in a CPR request in now. I dont know what a section 78 request is, so the answer would be no I guess.

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Ok, so I will put in a CPR request in now. I don't know what a section 78 request is, so the answer would be no I guess.

 

Thats your request for the agreement(s), their PoC refers to agreements (various plural) they refer to a DN and a Assignment (singular)

so you could have some amusement in verifying their claim.

 

Andy

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Thats your request for the agreement(s), their PoC refers to agreements (various plural) they refer to a DN and a Assignment (singular)

so you could have some amusement in verifying their claim.

 

Andy

 

Oh, ok... I understand. Im not sure if I still have the letter or proof of postage but will take a look. I'll post back on here once I get a response to the CPR and hopefully you (or others) will be able advise whether I have any chance on defending myself.

 

Thanks for your help so far.

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Thanks Bill I wasn't aware nor had I ever heard of them.Looks like they are still issuing though.

 

 

For reference: - Quote " This was one of a number of CAGlink31.gif cases involving MBNAlink3.gif and Cabot. When they were pushed to disclose the original deed of assignment under court proceedings it turned out the debts had been assigned offshore via MBNA in Dublin and were subject to Irish law and not UK.

 

Cabot tried to say it was an isolated mistake but when other cases involving CAGers were brought in as evidence their case became very shaky indeed and they backed off.

 

It seems they don't pay stamp duty/VAT this way - that only becomes payable once they collect on the debt.

 

MBNA has 'previous' for VAT avoidance and were involved in an infamous case with the VAT man which went all the way to the High Court and (I think) the Lords and they lost, costing them millions.

 

Needless to say the VAT man was informed of the Irish agreements. " end Quote

 

Regards

 

Andy

We could do with some help from you.

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As I understand it the debt was assigned to this company in Ireland....I was under the impression that it isn't enforceable under UK law ? I think HFO Cayman and Cabot had a problem with assigning debts overseas - http://www.consumeractiongroup.co.uk/forum/showthread.php?120057-Cabot-Test-Case!

 

Funny you should say that as the thought literally popped into my head as I posted the CPR letter. Hmmm.... looks like I'll have to do some reading on this to see exactly where I stand. Thanks both for the help so far.

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You should CPR in plenty of time to consider if there are grounds for defence, have you retained your section 78 request as proof?

Could there be any unfair charges or even mis sold PPI contained to reduce the debt?

Partial admittance will guarantee a CCJ if thats not a problem then you could admit and offer a proposal.

 

 

Andy

 

Hi, I put the CPR request in on the 31st Aug and have had no response. I need to submit the AOS tomorrow at the latest, do I have grounds to defend myself? Many thanks.

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Well our Courts only cover England & Wales so if the above is correct then contest Jurisdiction.:???:

 

Regards

 

Andy

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Well our Courts only cover England & Wales so if the above is correct then contest Jurisdiction.:???:

 

Regards

 

Andy

 

Thanks for the reply. I've responded to the AOS and selected the option to contest Jurisdiction. How do I actually do this? Will it be part of my defence?

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I would advise a PM to Rhia, the poster of the above information, to seek clarification, as stated I know very little about them.

 

Heres the process re contesting Jurisdiction.

 

Procedure for disputing the court’s jurisdiction

 

11

 

(1) A defendant who wishes to –

(a) dispute the court’s jurisdiction to try the claim; or

 

(b) argue that the court should not exercise its jurisdiction

 

may apply to the court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have.

 

(
2)
A defendant who wishes to make such an application must first
file an acknowledgment
link3.gif
of service in accordance with Part 10.

 

(3) A defendant who files an acknowledgment of service does not, by doing so, lose any right that he may have to dispute the court’s jurisdiction.

 

(
4)
An application under this rule must –

(a) be made within 14 days after filing an acknowledgment of service; and

 

(b) be supported by evidence.

 

 

(5) If the defendant –

(a) files an acknowledgment of service;
and

 

(b) does not make such an application within the period specified in paragraph (4),

 

he is to be treated as having accepted that the court has jurisdiction to try the claim.

 

(6) An order containing a declaration that the court has no jurisdiction or will not exercise its jurisdiction may also make further provision including –

(a) setting aside the claim form;

 

(b) setting aside service of the claim form;

 

© discharging any order made before the claim was commenced or before the claim form was served; and

 

(d) staying
(GL)
the proceedings.

 

 

(7) If on an application under this rule the court does not make a declaration –

(a) the acknowledgment of service shall cease to have effect;

 

(b) the defendant may file a further acknowledgment of service within 14 days or such other period as the court may direct; and

 

© the court shall give directions as to the filing and service of the defence in a claim under Part 7 or the filing of evidence in a claim under Part 8 in the event that a further acknowledgment of service is filed.

 

 

(8) If the defendant files a further acknowledgment of service in accordance with paragraph (7)(b) he shall be treated as having accepted that the court has jurisdiction to try the claim.

 

(9) If a defendant makes an application under this rule, he must file and serve his written evidence in support with the
application notice
link3.gif
, but he need not before the hearing of the application file –

(a) in a Part 7 claim, a defence; or

 

(b) in a Part 8 claim, any other written evidence.

 

Regards

 

Andy

 

We could do with some help from you.

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I have a question, would it be better to get this claim struck off as they havent responded to my CRP requests? File an embarrassed defence? Or contest jurisdiction? With the last option, what if I succeed with this, what will stop them selling this onto another DCA who then start this process all over again?

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I have a question, would it be better to get this claim struck off as they havent responded to my CRP requests? File an embarrassed defence? Or contest jurisdiction? With the last option, what if I succeed with this, what will stop them selling this onto another DCA who then start this process all over again?

 

Have you not contacted Rhia as per my post above.?

Have you not done 2 and 4 a/b as per above?

 

 

Andy

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Have you not contacted Rhia as per my post above.?

Have you not done 2 and 4 a/b as per above?

 

 

Andy

 

Hi Andy, I have filed the AOS and ticked the box which says Im going to contest the jurisdiction... but I didnt know I had to submit evidence with this? No I havent contacted Rhia as she hasnt posted in this thread as far as I can see.

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Send Rhia a PM here:- Rhia get some background information, then follow the above steps as per my post 15.

 

Andy

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I filled the AOS on the 7th Sep

 

So now see what she comes up with and then :- (4) An application under this rule must –

(a) be made within 14 days after filing an acknowledgment of service; and

 

(b) be supported by evidence.

 

Andy

We could do with some help from you.

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Sorry folks Rhia's been away. You must get the full deed of assignment in order to establish if this has been assigned offshore. Mine was by no means the only one but these cases were all agreements assigned at the same time. Until you have this you can't say if this applies.

 

BTW there is a recent case (which I don't have link to) which took MBNA apart. It was either Link-v-Harrison or MBNA/Link-v-Harrison. It would be well worth reading as Harrison won it.

 

Looks like you'll be Fast Track which means full disclosure. You need to look at Part 18 requests for disclosure as well as a Subject Access Request.

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Sorry folks Rhia's been away. You must get the full deed of assignment in order to establish if this has been assigned offshore. Mine was by no means the only one but these cases were all agreements assigned at the same time. Until you have this you can't say if this applies.

 

BTW there is a recent case (which I don't have link to) which took MBNA apart. It was either Link-v-Harrison or MBNA/Link-v-Harrison. It would be well worth reading as Harrison won it.

 

Looks like you'll be Fast Track which means full disclosure. You need to look at Part 18 requests for disclosure as well as a Subject Access Request.

 

Hi and thanks for the reply. I have already sent a CPR request which has been ignored, so can I not go the route of an embarrassed defence?

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