MBNA / LinkIDR Finance - claim form received... Help?

[kiruji]

Thanks Andy. What's the limit?

[AndyOrch]

The recent changes of October last year which now allow the application for security by way of a CO irrespective of payment plans advised that it should not apply to debts of less than 5K.

 

Regards

 

Andy

[kiruji]

Hi everyone.

 

After months of silence from all concerned, this week stuff has started happening again.

 

Unfortunately, I've been away for the last fortnight and have returned today to two envelopes sitting on my mat. One from the court, one from IDR.

 

The court one is a notice of allocation to the Fast Track. In it, it says:

 

By 4pm on 1st July 2013 both parties must give to each other standard disclosure of documents by list.

 

By 4pm on 8th July 2013 any request must be made to inspect the original of, or to provide a copy of, a disclosable document

 

The envelope from IDR contains their "N265 List of Documents as filed at Court."

 

This has a disclosure statement and the a list of documents I can inspect and can't inspect, which totals 36 documents!

 

I know this is short notice again, and I'm sorry for that, but I obviously need to get my list of documents sent off to both IDR and the court tomorrow - I'm going away again on Sunday until Thursday. Typical that this all starts moving again during my busiest period of work.

 

Can anyone give me some idea of what I'm supposed to include? I think the only documents I have to rely on are my statements from MBNA detailing the charges throughout the life of the account? Is there anything else I should be including? Do I need to download/print/fill out an N265 form?

 

Once again, thanks for any help offered.

[citizenB]

You need to list all the documents that you have referred to in your defence/witness statement or wish to rely on at the hearing.

 

You can download the N265 from HERE

 

You will have to scroll quite a way down the list

[citizenB]

If you need anything from their list then you will need to request them before the advised date.

[kiruji]

Thanks for the replies. Would it be acceptable to just ask for everything from their list?

[Old Cogger]

need to list as per items they mention for starters.

[kiruji]

Sorry, here's what they say they have that they're willing to share:

 

Pleadings and Orders.

 

1. Particulars of Claim
   
2. N9 Acknowledgement of Service dated 22.01.13
   
3. N9B Defence and Counterclaim dated 06.02.13
   
4. Notice that a Defence and Counterclaim has been filed dated 07.02.13
   
5. Reply to Defence and Defence to Counterclaim dated 15.02.13
   
6. Claimant's N150 Allocation Questionnaire dated 15.02.13
   
7. Defendant's N150 Allocation Questionnaire dated 23.02.13
   
8. N24 Standard Order for Stay dated 25.02.13
   
9. N271 Notice of Transfer of Proceedings dated 19.04.13
   
10. N24 General Order dated 24.04.13
    
11. N154 Notice of Allocation to the Fast Track dated 03.06.13
    
12. N171 Notice of Date for returning Pre-Trial Checklist dated 17.06.13
    

Correspondence

13. MBNA correspondence to Defendant dated 09.01.12

14. MBNA correspondence to Defendant dated 12.03.12

15. LFO correspondence to Defendant dated 02.05.12

16. Defendant's E-mail to Ian O'doherty dated 12.07.12

17. Defendant's correspondence to LFO dated 13.07.12

18. Complaint response dated 01.08.12

19. Defendant's correspondence to LFO dated 06.08.12

20. LFO correspondence to Defendant dated 04.10.12

21. Defendant's correspondence to LFO dated 09.10.12

22. Claimant's correspondence to Defendant dated 01.11.12

23. Claimant's correspondence to Defendant dated 20.02.13

24. Claimant's correspondence to Court dated 20.02.13

Evidential Documents

25. Executed Credit Agreement dated 05.04.2007

26. Original Terms and Conditions

27. Varied Terms and Conditions

28. Default Notice dated 09.01.12

29. Termination Notice dated 12.03.12

30. Monthly Account Statements May 2007 to February 2012 inclusive

31. Post Assignment Transaction Schedule

32. Notice of Assignment dated 02.05.12

I'm just going through the mountain of paperwork I have - should I be declaring everything I have in a big list and let them figure out if they want it or not?

[kiruji]

So, I've just listed everything I have.

 

Do I need to send a copy to the court? I can't see any mention of it in the court papers, but I'm pretty tired!

[Old Cogger]

Sorry, here's what they say they have that they're willing to share:

 

 

I'm just going through the mountain of paperwork I have - should I be declaring everything I have in a big list and let them figure out if they want it or not?

 

 

List the Documents you intend to use at trial, that is what I did, what you did there is some what I did for a diary which I will include as a addendum attached to a witness statement which I submit later? sure Andy ot CitN will suggest if o.k.?

 

what ever I send to so called solicitors I send copy to court if it is relevant and part of Directions issued by court.

[AndyOrch]

Normally the exchange is between the parties and unless the court has requested a copy then no need to send them one.

 

Andy

[kiruji]

Hi all,

 

About 18 months ago,

Link were trying to take me to court to get a charging order attached to my house

because I refused to attach one voluntarily.

 

To cut a long story short, after much to-ing and fro-ing,

I convinced them (with your help!) that letting me pay the outstanding off at a rate I could afford would be a nice thing to do.

 

Since then, they haven't added any interest to the amount and it is coming down slowly but surely.

I've just registered with Noddle though and noticed that the debt with them is showing as in default

and has been since they took it over from MBNA.

 

I know I was in default with MBNA,

but is it correct that the debt should show as being in default each month

with Link even though I'm paying it off at an agreed rate?

 

If it is, fair enough - it's my own fault, after all - it just struck me as kicking a man when he's down!

 

Thanks in advance, and apologies if this is in the wrong forum.

[dx100uk]

no good to hear back from you

 

 

as long as the defaulted date in the debt summary [top] line has not beed changed by link

from what was originally entered by MBNA

whatever link are marking CANNOT harm you further.

 

 

the whole ACCOUNT will vanish on the MBNA default date.

 

 

how did the reclaiming go?

 

 

dx