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MBNA/Varde Investments Limited/HL Legal


Vampyra
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Ok Vamp you will have to raise as a separate matter re the miss sold PPI .You can imply within the defence that this is the case but you will need to prepare and quantify this later.

 

P.o.C

 

1."Monies due under a regulated Cradit Agreement number xxxxxxxx

between MBNA Europe Bank Ltd and the Defendant the benefits of which was assigned to the Claimant.

2.The Agreement terminated with the Defendant(s) failure to comply with the terms of the Agreement and/or

the statutory Notice of Default served by MBNA Europe Bank Ltd.

The Claimant seeks the sum of xxxxxxx

 

 

 

 

DEFENCE: (Edit to suit ..copy and paste into MCOL)

 

1. Paragraph 1 is admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with MBNA Europe Bank Limited.It is averred that the claimant switched the type of account and changed the agreement and account number without my authority.

 

2. Paragraph 2 is denied with regards to the amount the Defendant owing monies to the Claimant and the Claimant is put to strict proof to:

 

(a) Show how the Defendant has reached the amount claimed for.

(b) Quantify any miss sold Payment Protection values.

©) Show a valid Notice of Assignment and proof of my acceptance of the assignment.

(d)) Show a valid Default Notice and produce any proof of breach of the agreement

 

3. Paragraph 2 is not admitted with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

The claimant is also put to strict proof:-

 

(i) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

6. This defence will contend that under the Credit Consumer Act enables Section 140A and the court to make an order (under section 140B) if it determines that the relationship between the lender and the borrower arising out of a credit agreement is unfair to the borrower.

Having Mental Health issues it is averred that the Claimant has been unreasonable in issuing this claim and failed to follow Pre Action Protocol and CPR.

 

 

7. Further, by reason of the fact that the Claimant is in default of a section 78 request dated XXXXXXXXX, the Claimant has yet to comply with this request and until such time the Agreement cannot be enforced against the Defendant without an order of the Court, until such time they comply with my request.

 

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Regards

 

Andy

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All emailed across to them with copies of the letters to HL Legal and Experto Credite and the post office receipts.

 

Wouldn't mind but half way through first crud rang up on the off chance!

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" All emailed across to them " Emailed not MCOL?

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" All emailed across to them " Emailed not MCOL?

The Court suggested emailing it and I have had a receipt and personal acknowledgment from the Court. What is MCOL? Sorry to sound dim.

 

Oh I see moneyclaim online? The lady at the court suggested it would be quicker but also said she didn't know about the moneyclaim thing.

 

Oh goodness I hope this isn't a mistake :-(

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Oh goodness I hope this isn't a mistake sad.gif
email will be ok (same as post), you have receipt and acknowledgment. don't worry.

in general, a defence can alternatively be submitted online if MCOL.

Edited by Ford
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email will be ok (same as post), you have receipt and acknowledgment. don't worry.

in general, a defence can alternatively be submitted online if MCOL.

 

Agreed but hard work and not as secure..I would think post and email are the alternative as 95% of claims and defences are directed through the MCOL in this day and age.

 

 

" The lady at the court suggested it would be quicker but also said she didn't know about the moneyclaim thing." Lets hope we wont be requiring her assistance then as this proceeds:madgrin:

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Agreed but hard work and not as secure..I would think post and email are the alternative as 95% of claims and defences are directed through the MCOL in this day and age.

 

 

:

 

:) that's what was getting at, in general use MCOL if applicable. (95%! 96.4% of stats are made up :) )

whilst reassuring vampyra that the email in time was also ok.

Edited by Ford
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Again down to me being a complete novice in the legal stakes.

 

l.

no worries, a defence can be submitted by post, email, or online.

can check status online via mcol

Edited by Ford
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Hi Vamp

 

The process now is you will be notified by Northampton that your defence has been passed to the claimants.They have 28 days to respond...if they don't respond the matter will be stayed.If they do you will receive an AQ this must be completed on time and will transfer the claim to your local CC.Post to thread if anything transpires.

 

Andy

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  • 4 weeks later...

OK so far nothing back from the Court. HL Legal have responded to the CCA request saying "our clients have provided you will all the information you have requested, previously", and not sent anything to my friend. They also didn't cash the postal order. Not sure what to do but I suggest it would now be prudent to SAR MBNA??

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Ok my friend got a letter from the court.

 

HL Legal have sent a copy of the Mastercard application form from 1997. I have not seen it but if it is the same one as my brother has this is the card that appears to have changed account numbers when being changed by MBNA for upgraded cards. Have not seen the paperwork so not sure if the application form is fully legal.

 

HL Legal have said they want to persue the claim and have applied for the hearing to be moved to the local county court.

 

Also an N9a Admission Form has been sent.

 

Again we are both clueless with this and would be very grateful for some help.

 

Many thanks.

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HL Legal have said they want to pursue the claim and have applied for the hearing to be moved to the local county court.

 

Well I would wait until the Notice of Allocation and AQ arrives to confirm that.

 

Andy

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The N9A Admission form is to admit you owe the debt and what payment offer you intend to make (I&E to complete) This guarantees a CCJ

 

http://www.cleardebtadvice.co.uk/forms/N9A.pdf

We could do with some help from you.

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Thanks Andy. I read your post on Court Procedure.

 

One thing which is very interesting is in their little disclosure pack, they have sent a signed application form for a Mastercard yet the debt is on a Visa card. Having now seen the paperwork, it is clear that they just want my friend to admit.

 

I believe that after the AQ arrives and has been sent off to the court, the court expects the two parties to attempt to resolve the case, is my understanding correct?

 

If so, then because my friend has both Visa and Mastercards from MBNA, it would appear they have sent an unenforceable application form for the wrong card?

 

Where do we go from here, Andy, please?

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MBNA used Mastercard & visa at some stage if I remember from what peeps have said before??? just a thought. if they did then account numbers would cover the same CCA?

 

It did in my case with RBS years ago, but in my case 2 cards for the same account as O.H. was in the Far east and the 2nd card was for emergencies only, as communication i.e. immediate illness etc would take a long time thru the old system before computers as we know it now.

 

1 of the card was under Mastercard banner and the other Visa. all connected to one account.

:mad2::-x:jaw::sad:
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