Claim form Northampton CCBC - from Britannia Recoveries. sold MBNA card debt - urgent guidance needed

[Lilly_22]

Called Court and was told default had been removed. Panic over for now.

[Ganymede]

Called Court and was told default had been removed. Panic over for now.

 

 

Hi,

 

How did you manage to get that over the phone?

[Lilly_22]

I received letter saying judgement had been given - pay claimant. I called court and quoted case no. and was told CCJ had been removed.. period.

[Lilly_22]

No response to my CPR request. I chased it and they were not sure of what is happening and promised to chase it. Should I write to the court that as they have failed to fulfil the request the cllaim shoud be struck out? If so, what is the procedure.

[AndyOrch]

Hi Lilly responding to your PM.

 

If the CCJ has been removed as per your post#28 then I am at a loss to what advice you require.

 

Regards

 

Andy

[Lilly_22]

2 weeks ago I had the response from their solicitor to my CPR request. I have just finished reading through it. This is what they have sent: one page that looks like a typed up application, another half a page so called agreement with just my signature (it does have a reference number but it does not relate to anything) generic T&C, Tomlin's order for amount plus legal fees and statements for last 5 months that I never received.

 

This is that account that MBNA were in default of my CCA request and hence in dispute. It looks like they continued to add interest but never sent me any statements. I am cheesed of with this whole fiasco. MBNA were silent for nearly 3 years then this. Any thoughts or advice on this??

[citizenB]

Lily,

I am just posting a summary because your thread is quite confusing.

A claim was issued against you by Britannia (originally a Virgin/MBNA account) You had made a CCA request, but nothing was forthcoming and you advised MBNA that the account was in dispute - you later advised Britannia that the account was disputed.

The claim Dated July 4th, however you didn’t receive it until the 13th.

You acknowledged claim 21st July and later were contacted by a company claiming to help deal with CCJ’s?

At what point did you submit a defence? In the grand scheme of things you should have submitted on 6th August.

On 17th August, having received a mail shot from a company offering to help you deal with your CCJ !!, you checked with the court because you had not been advised of any judgment – you had not submitted a defence as you had not received a response to your CPR314 request.

You were told that you would need to submit an application for an extension of time – which would cost £45.00

You later received notice from the court that a Judgment had been entered – but after a call to the court, it was removed?

You have now received documents in response to a CPR31.14 which do not appear to relate to anything.

IMHO, the defence you could have entered would have been to ask them to replead their claim because it gives little or no information.

You have also been sent a Tomlin Order to complete.

I am not sure what is happening - having received the CPR31.14 - do you have to submit a defence ?

Or wait until it has been transferred to your local court in order for a date for a hearing to be set.

We need to have more detail of the Default Notice that was issued.

Date of the Default Notice - what date did the give in the notice for you to remedy the breach.

We also need to know if you were ever sent a Notice of Assignment from either MBNA or Britannia again what date was this sent to you.

If at all possible, it would be good if you could scan it and post it on here for us to see - removing any personal information of course.

Can we also have details of the Tomlin order, again if you can remove any personal information and post it up then that would be great.

If you follow the instructions below, you should have no problems popping the letters/notices up for us to see.

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

meanwhile, I will ask andyorch to look in on you.

[citizenB]

Was the Judgment set a side/ A phone call simply wont remove a CCJ..unless it was placed in error by the CCBC. If not set a side is it stayed?

 

Unless we have more information, we really cant help.

[Lilly_22]

Default notice came about 3 years ago. Since then everything has been silent. Then middle of last year MBNA wrote to say debt being sold to Britanica recoveries followed by letters from their DCAs. And then later last year claim through N'ton Bulk Centre. I submitted defense to say not enough evidence.. CCJ in error... set aside... sent CPR 31.14 request no reply for months and then these docs. I shall scan these in the morning.

[Lilly_22]

Thanks citizenB for your reply. CCA request was made to MBNA about 3 years ago - no response - A/C in dispute etc. MBNA's Default Notice dated 14th July 2009 for full payment by 31st July 2009.

 

Earlier in 2012, I received letter from MBNA that they were selling the debt to Britania Recoveries (BR) and a letter from them that they had bought the debt. Wrote to BR to say A/C in dispute. Then after the normal templated responses ignoring my letters came the claim via N'ton Bulk Centre. I submitted defence to say 'not sufficient docs to me to file a proper defence' and sent CPR31.14. Nothing for a few months then this Tomlins Agreement for me to sign. Looks like the appn form is a Computer printout and my details and signature appear on a separate sheet A5 size photocopied with unrelated reference numbers. plus generic terms and 5 statements.

[citizenB]

Just to let you know that the Default Notice should have formed a big part of your defence, because they are not permitted to demand Full payment only those sums which are due and in arrears !!

 

So there hasnt been a hearing and their attempt to mediate is to send you a Tomlin order. I will ask the advice of the site team for you.