County court Summons link/MBNA

[afcwben]

A friend of mine has been chased by Link for a debt she knows nothing about. She returned every letter stating she knows nothing about the debt, however she never sent a CCA request.today she recieved a summons what is the best course of action

[silverfox1961]

Hi

Now that this is with the courts, she will have to acknowledge it so that Link do not get a judgement in default.

She should acknowledge and tick that she will be defending all (I assume it's a Northampton address)

Once that is done, she will have to get what evidence Link have.

 

I will move this to the legal issues forum as it is now a legal matter

[BRIGADIER2JCS]

I take it this is a claim pack from Northampton Count Court Bulk Centre, CCs dont't

issue summons'?

We need more detail about the debt and how this has arisen.

1. How old is the dent?

2. When was the last payment or acknowledgment in writting made?

4. What is the debt for?

 

She should send a CCA request immediately.

Then read the guidance notes sent b with the

claim pack.

Please get her to scan and post up a copy of the particulars

of clain (POC) after removing her name and address, and cliam No.

any account or reference numbers and barcodes, leave

in the actual deatails of the POC

[afcwben]

I take it this is a claim pack from Northampton Count Court Bulk Centre, CCs dont't

issue summons'?

We need more detail about the debt and how this has arisen.

1. How old is the dent?

Dont know she thinks a minimum of 5 years

2. When was the last payment or acknowledgment in writting made?

She has never ever paid or acknowledged it, she has always returned the letter writing on it that she has no idea what it is about

4. What is the debt for?

Dont know

She should send a CCA request immediately.

I will organise thatThen read the guidance notes sent b with the claim pack.

Will do

Please get her to scan and post up a copy of the particulars of clain (POC) after removing her name and address, and cliam No.any account or reference numbers and barcodes, leavein the actual deatails of the POC

will do

I have asked her to send me everything and I will scan the relavant stuff and post it up here

Edited April 12, 2012 by afcwben

[asokn]

A friend of mine has been chased by Link for a debt she knows nothing about. She returned every letter stating she knows nothing about the debt

 

I imagine the debt has been assigned to Link from another creditor, does she have other debts? You will probably find that one of the letters was a notice of assignment but if they were all returned unread she would not know!

[afcwben]

I imagine the debt has been assigned to Link from another creditor, does she have other debts? You will probably find that one of the letters was a notice of assignment but if they were all returned unread she would not know!

 

She actually opened each letter and wrote on the back that she knew nothing about the debt.One question should the CCA request be sent with the response to the summons or sent asap?

[asokn]

Apologies, I assumed if they were returned the envelope was simply marked accordingly and the contents unread. Has a notice of assignment been received then?

 

Send the CCA request ASAP.

[afcwben]

Apologies, I assumed if they were returned the envelope was simply marked accordingly and the contents unread. Has a notice of assignment been received then?

 

Send the CCA request ASAP.

 

She doesnt recall, but I assume there would have been, will get the CCA request out tomorrow whenI get the details and post up the summons with POC on here as well.Thanks for all your help

[asokn]

You're welcome.

 

Although many people on this forum quite rightly caution against telephoning creditors, I don't think it would hurt if your friend called just to ascertain who the OC is. That may allow your friend to at least identify the debt and work out if it rings a bell.

[andydd]

If she genuinelly has nothing to do with the debt it is possible to get it thrown out at an early stage by means of a summary judgment and/or strike out, this can be rather complex but has the advantage if you win you could claim sunstantial costs (as its pre allocation).

 

Andy

[asokn]

I wouldn't go as far as "substantial" costs, I imagine as a LiP the costs would not even adequately compensate for the time spent. Andydd is right though, your fried could apply to strike out the claim but I think it's worth trying to find out what is going on first. I suspect that Link will produce a notice of assignment which will make it's locus standi clear, your friend would not want to have made an application to strike out only to find that Link *are* entitled to pursue this debt!

 

Obviously be aware of the deadline for filing a defence.

[DonkeyB]

CCA request? Why? Complete waste of time.

 

You need a CPR 31 request, which is your right and costs nothing. Asking for a copy of an agreement implies you think there is one.

[asokn]

Asking for a copy of an agreement implies you think there is one.

 

To be fair it doesn't. I think it's perfectly legitimate to say "if you think you have an agreement with me, where is it?".

[AndyOrch]

CCA request? Why? Complete waste of time.

 

You need a CPR 31 request, which is your right and costs nothing. Asking for a copy of an agreement implies you think there is one.

 

Not to sure I fully agree there Donkey, CPR can and often is ignored, a section 77/78 can not be and puts the claimant in default, irrespective of whether the debt is legit or not.

 

Regards

 

Andy

[DonkeyB]

I’ll agree to disagree a bit. I think a CCA request issued AFTER enforcement action has started is pointless as a defence – the case law was that an existing CCA request was outstanding when enforcement action began. It should be done before action starts.

 

(You can ask for the agreement in the CPR, providing an agreement is mentioned in the PoC.)

 

They may ignore CPR, but that’s their look out.

 

Was a ‘prove it’ letter sent when the envelopes were returned?

 

Has she checked her credit report?

[BRIGADIER2JCS]

Not to sure I fully agree there Donkey, CPR can and often is ignored, a section 77/78 can not be and puts the claimant in default, irrespective of whether the debt is legit or not.

 

Regards

 

Andy

 

My feelings exactlt that's why i suggested CCA request.

[AndyOrch]

I’ll agree to disagree a bit. I think a CCA request issued AFTER enforcement action has started is pointless as a defence – the case law was that an existing CCA request was outstanding when enforcement action began. It should be done before action starts.

 

(You can ask for the agreement in the CPR, providing an agreement is mentioned in the PoC.)

 

They may ignore CPR, but that’s their look out.

 

Was a ‘prove it’ letter sent when the envelopes were returned?

 

Has she checked her credit report?

 

Points taken Donkey but there is no legislation stating that a request cant be made at any time. Enforcement is only at the conclusion of any trial and anything that can assist, not be used as a defence surely must be fundamental to any defence. If conclusion is negated then the section 77/78 request was invaluable and a right of any defendant.

 

The sanction under the Act for non-compliance with an information request is unenforceability of the credit or hire agreement for so long as the creditor or owner fails to comply with his duty.

 

Where there is such a failure, the courts have no discretion to allow enforcement.

 

 

Regards

 

Andy

[DonkeyB]

Of course a CCA request can be made at any time. The sanction though would be the same as a properly conducted CPR request! Many judges will pass judgment without EITHER being complied with, sadly, irrespective of having ‘no discretion’.

 

The sanction is not under the act, is it? – it’s case law.

[AndyOrch]

A section 77/78 request is far more useful to any defence. CPR 31 means not a jot as most will cry " SCT " or standard disclosure, by that time the application for summary judgment is winging its way to the claim.I would rather be in a position to state they are in default of a section 77/78 rather than a " they ignored my CPR request ".

 

Horses for courses as its Aintree this weekend

 

Regards

Andy

[DonkeyB]

Where an agreement exists, yes, I agree. But, as you say, horses for courses – the OP has stated his friend knows nothing about the debt, so there cannot be an agreement. It’s obtuse to claim on the one hand that there is no agreement, and then ask for a copy of it! I’ve heard of a judge pulling a defendant up (excuse the pun) on this very contradiction.

 

The correct defence, surely, is that the account is not hers.

 

If it transpires it IS her account, then that’s another race altogether.

[DonkeyB]

Need a bit more info on the ‘form’ of the alleged debtor. Hope the going is good.

[AndyOrch]

The correct defence, surely, is that the account is not hers. Absolutely and no CCA request should be made

 

If it transpires it IS her account, then that’s another race altogether. One for the OP,but it could be possible Plink have actually got something correct

 

Regards

 

Andy

[DonkeyB]

Plink, get something right? Nah...

 

Another thing... there’s an assumption that this is a loan/credit agreement that would make a CCA request possible. It may not be. Hence CPR to try and wheedle out what they intend to rely on in court. Will be interesting to see the PoC.

 

My main concern is that we don’t automatically shout ‘CCA request’ in every case without considering the facts (as used to happen on CAG, and lots of people got screwed over by thinking it was the DCA-killer). Even if a CCA request is sent, they may well come up with an agreement, so it isn’t actually part of a defence yet. Hence my caution.

Edited April 12, 2012 by DonkeyB

[DonkeyB]

But I also think a CPR request is an absolute necessity, and a priority.

[AndyOrch]

Well if its not a loan or a CC or HP then its unregulated, and a very small amount and most definitely SCT, which as you know CPR 31 is not applicable.Lets wait for the P.o.C.!!