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Willman

Court Claim from Britannia Recoveries

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Hi Guys, I would appreciate some guidance if anyone would care to comment.

 

I'm helping a friend who has received court papers via Northampton for an agreement originally with MBNA

 

the POCs read;

 

1. Credit Card agreement made between MBNA and D

2. D accrued balance £xxx

3. D defaulted on payments

4. C issued formal demand requesting payment

5. Amount now due from D £xxx

 

Now, besides the fact that the agreement is unenforceable anyway (not in prescribed format, no prescribed terms etc) and no mention of default or termination notices, they are not even claiming that the account has been assigned - thus no standing.

 

I've read several very interesting posts re disclosure and also regarding poor POCs and I'm wondering if this could this not be dismissed as abuse of process or at the very least get them to replead before we defend?

 

I'd appreciate any input from any of you knowledgeable people out there please ?

 

Thanks in advance

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