Old MBNA Card + LINK + County Court Action - Your advise please ** Set a Side/now defence**

[highwaytohell]

Okay its been a couple of weeks since I sent off the "CPR 31.14" and the "Part 18" request. Both were sent AM 10th October 2011. Cannot check at the moment if they have been received as I dont have the tracking numbers on me, but can assume they have received them ok, this being so, I have NOT received any response whatsoever from LINK.

 

Would you suggest I send some sort of reminder to them ???

 

Many thanks

HTH

[AndyOrch]

No reminders on CPR requests, ring them and ask for an extension CPR15.5 ask why they have ignored your CPR request or even responded and agree a further 28 days

If they don't agree say you will make application to force disclosure or strike out.If they agree to extension ask them to confirm it pref by email and then inform CCBC by email with their conformation attached.

You need to act fast HTH as your defence date is approaching.

 

Regards

 

Andy

[highwaytohell]

No reminders on CPR requests, ring them and ask for an extension CPR15.5 ask why they have ignored your CPR request or even responded and agree a further 28 days

If they don't agree say you will make application to force disclosure or strike out.If they agree to extension ask them to confirm it pref by email and then inform CCBC by email with their conformation attached.

You need to act fast HTH as your defence date is approaching.

 

Regards

 

Andy

 

Thanks Andy, I realised I was getting close, but I guess I was hoping for some sort of response from LINK .

 

Ok will check the tracking numbers later this afternoon then call them.

 

One question I keep meaning to ask, obviously they applied through the Northampton Bulk Centre, how do I get this transferred to my local court ?

 

Thanks

 

HTH

[AndyOrch]

If they respond to any defence and wish to proceed then AQs are released, the claim is then transfered to your local County Court.

[highwaytohell]

If they respond to any defence and wish to proceed then AQs are released, the claim is then transfered to your local County Court.

 

Ahh right, all makes sense now. Many thanks, will report back after the phone call

 

HTH

[highwaytohell]

Spoke to Link yesterday ref CPR 15.5 to which they agreed the 28 day extension. Then went on to ask why they had failed to respond to 31.14 and Part 18 in the required time..... I got a story about the only person who can print historical data being on maternity and the person filling in for her was on holiday so now they needed to find someone in the company who could do the historical printing!! - All sound a bit odd.

 

I have EMAILED Northampton Bulk centre on: [email protected]

 

I hope this is the relevant address, the email from LINK was also attached/enclosed with their statement agreeing to the 28 day.

 

Would it be advisable to print and use snail mail to backup the email ??

 

Is it just a case of me sitting and waiting now, OR, is there something else I can be getting on with.

 

Very big thanks to all

 

HTH

[AndyOrch]

Spoke to Link yesterday ref CPR 15.5 to which they agreed the 28 day extension. Then went on to ask why they had failed to respond to 31.14 and Part 18 in the required time..... I got a story about the only person who can print historical data being on maternity and the person filling in for her was on holiday so now they needed to find someone in the company who could do the historical printing!! - All sound a bit odd.I think thats the 9th Birth this year very odd:roll:

I have EMAILED Northampton Bulk centre on: [email protected]

 

I hope this is the relevant address, the email from LINK was also attached/enclosed with their statement agreeing to the 28 day.

 

Would it be advisable to print and use snail mail to backup the email ??

 

Is it just a case of me sitting and waiting now, OR, is there something else I can be getting on with.

 

Very big thanks to all

 

HTH

 

You could or just a phone call to clarify they have received it.

 

Regards

 

Andy

[highwaytohell]

Ok things happening:

 

1. 28 day extension agreed with Link

2. Response to CPR 31.14 received on 29.10.2011

3. Response to Part 18 received on 29.10.2011

 

In the responses they keep refer to a letter that they have "supposed" to have sent out on 12 September that had some statements attached....Not seen sight of this and certainly not received. So I guess the first thing is to write to them (recorded) and request the documents as discussed due to non receipt ?

 

I found it odd (but may be common practice) that they letter that I think is transferring everything from MBNA to LINK, is actually written by Link. I have nothing from MBNA ?

 

I will reserve any other comments until you have had a look at the docs they sent back......

 

Both responses are attached below.

 

Many thanks

 

HTH

CPR31.14 Response 1.pdf

Response to Part 18 2.pdf

[highwaytohell]

Any advice on the above please ...... What action do you think I should take next ??

 

 

Thanks

 

HTH

[highwaytohell]

Cheeky little bump to try and get an answer on my question above...Please

 

Many thanks

 

HTH

[batman1956]

Cant see any terms and conditions or reference to them on the CCA. Stephen Southwood Evans seems confused about his job title. As for anything else I am sure someone more experienced will advise soon.

[highwaytohell]

Thanks for the advice, I agree with what you are saying.

 

Maybe as you say someone will pop along and offer more advice.....It seems to be very quiet with the more experienced responders this week, which panics me a little as I dont want to run on the edge of time.

 

I think I had better just send them another recorded letter again requesting the information I originally asked for. Was just a little concerned over the section that he basically says they dont need to discolose

 

Fingers crossed for someone coming along.

 

Many thanks

 

HTH

[batman1956]

If you click on the triangle at the bottom left of your post it will alert the site team

[highwaytohell]

Thanks for the Triangle Tip, will see how that goes.

 

HTH

[citizenB]

When do you need to have your defence in by? andyorch is on holiday until the 9th November

 

It is common practice for the person purchasing the debt to use the sellers headed paper to notify the assignment. Whether that is permitted or not, I simply dont know.

 

What is the basis of your defence ? Default notice issues, agreement?

[citizenB]

In respect of the Default Notice.. did you actually receive it ?

 

The 9th January 2009 was a Friday, so you can discount Saturday and Sunday and the earliest you would have received the DN (if it were sent 1st class) would have been the Tuesday 13th January 2009. This would leave you one day short for the remedy time which should be 14 clear days.

 

The recent judgment from the Appeal court Amex v Brandon (or the otherway round, I cant remember) will stand you in good stead here because the lack of time to remedy has been deemd not de minimus.

 

IMHO, their response to your CPR is out of order. Regardless whether they had sent those things to you before, you are advising them, they havent been received. Therefore you want them, they were mentioned in the POCs.. So yes, send them a reminder to resend.

[highwaytohell]

Sorry for the late delay in replying.

 

Regarding the "Default Notice" - the simple answer is NO I did'nt receive it. I am today going to send them a reminder that I am still waiting for the other documents that I requested. However, if this is a delay tactic of theirs to make me run out of time on my extensions, how do I stand on that ?

 

I have also received the attached "Statement" from them on Friday....why it was suddenly sent out I dont know, but the contents certainly explain why there is a massive hike in the money they are chasing, which is all the more reason I want to try an fight it, as I did everything I could in my power at the time to prevent it accumulating.

 

Many thanks

 

HTH

Link statement.pdf

Edited November 14, 2011 by highwaytohell

[citizenB]

HHWTH,

 

I think you need to have andyorch look at that statement to see if it is in the right format. It is a legal requirement for them to issue a statement of arrears at least once a year. I would say it is just coincidental that one has been sent whilst litigation is in progress.. although with Link, one cant tell for sure.

 

I am rather puzzled by the entry at 31/08/2011 - that seems a heck of a lot of interest added in one go.. when you see the later entries are much smaller.

 

If this is intended to be in response to your request for a statement of account, showing how the balance has accrued.. I would say it doesnt fit the bill.

 

Where exactly are you with all of this at the moment?

 

Send andyorch a pm and ask him to look in on you

[AndyOrch]

Hi HWTH

 

Its suppose to be an annual statement of account as per the CCA2006, (about the only requirement they follow from the CCA1974) but then again its a PLink one so the figures are plucked from the sky and created by them to bolster the debt.They cant apply interest the agreement as ended they have commenced litigation.You have not failed to make payments they have never requested any (do you get a monthly statement and payment slip as per MBNA) thought not!!!!

 

File it you will need it to prove the unlawful interest added.

 

Andy

[highwaytohell]

You are spot on Andy, this is the FIRST time I have seen this statement from LINK or any other organisation - All adds up now with "CitizenB" stating it was a heck of a lot of interest added in one go.

 

I have now written back to them and again requested the docs that I first requested from them. Is there anything else I should be doing in the meantime ??

I have also sent recorded letter to MBNA requesting full statements so that I can commence claiming the PPI back.

 

What happens if we get to a stage where the extension time is running out and they have'nt supplied the necessary materials ? can I request a further stay on the grounds that I dont have a complete document set ?

 

All this is beyond me, which is why I am so glad forums like this exist, for years these companies have screwed us over big time.....chance for the little man to fight back

 

Many thanks, as always I really appreciate the advice and help

 

 

HTH

[citizenB]

You are spot on Andy, this is the FIRST time I have seen this statement from LINK or any other organisation - All adds up now with "CitizenB" stating it was a heck of a lot of interest added in one go.

 

Tsk, tsk.. well they should have sent one at least every year

 

I have now written back to them and again requested the docs that I first requested from them. Is there anything else I should be doing in the meantime ??

I have also sent recorded letter to MBNA requesting full statements so that I can commence claiming the PPI back.

 

All you can do without the information you have requested is to keep researching to ensure that you have as much information in your armoury as possible.

What happens if we get to a stage where the extension time is running out and they have'nt supplied the necessary materials ? can I request a further stay on the grounds that I dont have a complete document set ?

 

All this is beyond me, which is why I am so glad forums like this exist, for years these companies have screwed us over big time.....chance for the little man to fight back

 

Many thanks, as always I really appreciate the advice and help

 

 

HTH

 

 

What happens if we get to a stage where the extension time is running out and they have'nt supplied the necessary materials ? can I request a further stay on the grounds that I dont have a complete document set ?

 

You have two choices. You either enter an embarrassed/negative defence whereby you simply state that despite having agreed an extension of time with the claimant; in order for them to provide documents/information they should have been in possession of BEFORE they issued their claim, they have still not come up with the goods.

 

You are therefore unable to enter a defence until they do.

 

Or, you can apply to the court by way of a N244 application and ask the court for a further extension of time and an order for the claimant to disclose those documents you require. This will cost you either

£40/£80 depending on whether the application is with a hearing or without.

[highwaytohell]

Well heard back from Link regarding sending copies of ORIGINAL T&C's. They eventually sent them through (attachment). No sure they are the original, Page 2 is so small and is obviously a poor copy of a copy of a copy in fact its so small and poor that I cannot read it at all.

 

Be interested to see what you make of it.

 

Have submitted PPI Claim to MBNA, and I guess a vast amount of the interest they are adding will need to be calculated in the PPI Claim ?

 

Dont know what I would do without you kind people around, guess we would all be getting our eyeballs taken out with some of these companies.

 

As always I appreciate your comments and feedback.

 

HTH

Contract & TC's.pdf

[citizenB]

When does your extension run out ?

 

Did you do your own spreadsheet in respect of the PPI ? Is there a big gap between what they are claiming and the PPI value ?

 

You will need someone with more knowledge than me to look over you agreement. It looks as though it was one of those that was completed at airports/service stations.. It is fairly obvious you didnt ask for the PPI as well

 

There doesnt appear to be any date on the separate terms and conditions and one assumes they are a later date to any that might have been with the original application form.. simply because of the amount they say they will charge for default and late payments. The £12.00 charges came into force around 2006 when the OFT started to rattle a few cages.

[highwaytohell]

Hi CB and many thanks for the response. I have been stuck up in the wilds of Scotland doing 18hrs days, comms was flaky at best.

 

I got home to a letter from the Northampton Clearing Centre to say that the case had been transferred to the Cardiff Court. I assume there is now a process to enable me to get the case heard local to me instead of Cardiff which would be a nightmare for me to get to....... If someone could advise on how I go about this it would be appreciated.

 

I also got home to a response from MBNA for the PPI, a mountain of documents and statements they have sent through, so now I have to clear my head and see how the heck I work out this PPI, I do believe there is a spreadsheet already on the site so will try and use that.

 

Somehow when I go to court I need to make the judge understand the massive amount of interest these so and so's pile in, even after you've asked for help.

 

ANY information on how best to proceed would be great. Is it acceptable to pm Andy and ask him to comment ??

 

Thanks everyone

 

HTH

[Old Cogger]

Try this spreadsheet?

New Statutory interest spready - Excel.xls