Vardi/? claimform - old Sony MBNA Card Debt

[s8n]

Hi Guys.

Sorry i am posting this thread again.

There where some tech issues with the previous ones.

 

I had two credit cards with MBNA, one was Sony and the other Virgin (thread found here)

 

This one received a county court claim last month.

I owe around £3000.

 

I acknowledged the service, extending my 19 day deadline to 02/01/2013.

 

I have tried my utmost to get legal aid, but i am in a black hole situation where unless i or my partner move out (we recently split up, but still live together), i cannot get legal aid.

 

I called Santanders Legal Assistance service which i get with my premium account which i found out about as few weeks ago.

 

The girl on the phone said i should dispute full liability and base a defence on the fact that no Default Notice had been received in accordance to the Consumer Credit Act 1974 Section 87 and 88.

 

Is this correct?

Can someone help me word this please, i am a bit apprehensive of doing my own defence, seen as the one in the other thread has complicated things.

 

Any help is much appreciated.

[AndyOrch]

Subbed s8n..will get back to you later in the week.

 

Andy

[s8n]

bump

[AndyOrch]

Have you submitted a defence s8n?

 

Andy

[s8n]

Hi Andy, yes i did.

As previously mentioned i stated i hadnt received a default notice.

 

Just a moment ago i received a letter from Northampton Bulk Centre.

the letter states:

 

==========================================

Case Number 2Q######

 

VARDE INVESTMENTS (Ireland) LI MITED -v- MR S##### #####

 

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimants solicitor).

The claimant may contact you direct to attempt to resolve any dispute . If the dispute cannot be resolved

informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of

what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of

your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then

take will be to apply to a judge for an order lifting the stay.

 

====================================

 

Where does this leave me?

Thanks

[AndyOrch]

That's the standard response once a defence is submitted.Its as is states on the tin...stayed or proceeding.

 

Andy

[s8n]

Hi, thanks for the response. Sorry i am responding slow, been ill again.

So am i right in thinking there are one of three ways this will go:

 

1. They contact me to settle informally

2. They contact the court to carry on, but then i presume they need to send me a default notice?

3. They chose to not continue further.. leaving me.... ?

 

Thanks

S8n

[s8n]

Hi Guys.

I recieved a letter this morning dated the 05/02/2013.

Please see the images.

 

 

From what i work out they are outside of the 28 days to respond to the court by 7 days. Yet they have requested the court transfer the case.

Can they do this?

Seen as they are outside the dates can i ask the court to ignore this request and stay the case?

 

Thanks

[AndyOrch]

They cant request transfer out of CCBC until they have submitted an AQ... have you received an AQ (N149)?

 

Regards

 

Andy

[s8n]

They cant request transfer out of CCBC until they have submitted an AQ... have you received an AQ (N149)?

 

Regards

 

Andy

 

Hi Andy.

No, all i have received are those two letters with a copy of credit agreements, with a tick for signature.

 

A copy of the last credit card statement dated 12/03/2012.

A copy a default notice from 06/02/2012 (Which was never received)

A termination agreement from 13/04/2012 - again never received.

A letter from Varde Creite from 19/05/2012 saying they own the debt.

and a in complete N9a (has the court information complete but nothing else).

 

Thanks

[AndyOrch]

Oh well lets see if their intentions materialise and await the arrival of the AQ.

 

Regards

 

Andy

[s8n]

Oh well lets see if their intentions materialise and await the arrival of the AQ.

 

Regards

 

Andy

 

Isnt waiting risky?

Seen as there letter states: if you do not complete the admission form within the next 14 days further action will be taken without reference?

[AndyOrch]

They cant take any further action s8n...you have submitted your defence...its up to them now to pay the AQ fee the listing fee and submit their AQ.

 

You need do nothing.

[s8n]

Hi, i think i got the AQ this morning, is it the Allocation questionaire?

It says i have to complete the AQ by 25/02/2013 to the courts.

I think i understand what the AQ is for, but why do i need to complete it when i am not the claimant?

As i am not the claimant do i still need to pay the fee?

Is there a way i can fill it to my benefit? (Baring in mind i am working with the CCCS and to do a lump sum IVA, can i offer the lump sum value to these people saying this is the offer that will come through the CCCS?)

 

Going back to:

the 28 days, which will have started on 02/01/2013 (i presume its 28 calender days, so until the 30/01/2013).

 

"Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of

your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then

take will be to apply to a judge for an order lifting the stay."

 

Doesnt this mean the claim should automatically stayed because they emailed the court on 05/02/2013?

If so is there any way i can use this to my advantage?

 

Thanks in advance

Edited February 13, 2013 by s8n

[AndyOrch]

Both parties complete the AQ this is to allocate the claim to track.You dont pay the fee you are the defendant.

 

Regards

 

Andy

[s8n]

Both parties complete the AQ this is to allocate the claim to track.You dont pay the fee you are the defendant.

 

Regards

 

Andy

 

Thanks Andy.

 

Just for my own knowledge, if the original claim was going through the normal procedure, of a county court claim, why do they now want to use the track method?

[AndyOrch]

All claims are Tracked... normal procedure......Small Claims Track up to 5K Fast Track 5k - 15K Multi Track 15K upwards.

[s8n]

Hi, i think i got the AQ this morning, is it the Allocation questionaire?

It says i have to complete the AQ by 25/02/2013 to the courts.

I think i understand what the AQ is for, but why do i need to complete it when i am not the claimant?

As i am not the claimant do i still need to pay the fee?

Is there a way i can fill it to my benefit? (Baring in mind i am working with the CCCS and to do a lump sum IVA, can i offer the lump sum value to these people saying this is the offer that will come through the CCCS?)

 

Going back to:

the 28 days, which will have started on 02/01/2013 (i presume its 28 calender days, so until the 30/01/2013).

 

"Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of

your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then

take will be to apply to a judge for an order lifting the stay."

 

Doesnt this mean the claim should automatically stayed because they emailed the court on 05/02/2013?

If so is there any way i can use this to my advantage?

 

Thanks in advance

 

Hi Guys, in response to my above post. Can anyone help? i have until Tomorrow or Saturday at latest to complete this and have it sent to the court for 25/02/2013.

[AndyOrch]

Answered in post #15 & #17.s8n

 

Regards

 

Andy

[s8n]

Hi Andy, thanks for your response.

I understand i need to complete the AQ, however i need some assistance re:

 

1. Is there a way i can fill it to my benefit? (Baring in mind i am working with the CCCS and to do a lump sum IVA, can i offer the lump sum value to these people saying this is the offer that will come through the CCCS?)

2. Doesn't this mean the claim should automatically stayed because they emailed the court on 05/02/2013?

3. If so is there any way i can use this to my advantage?

 

If non-of these matter then i will just complete it as in the guidance.

Thanks

[AndyOrch]

AQ has no bearing on the defence offered or to any parties benefit it simply assists the the claim to be tracked.

[s8n]

Hi Guys,

This is the QQ recieved from the Claimants solicitor this morning:

[/img]

 

this is how i have completed my AQ:

 

A: Tick Yes

B: Tick yes - Please can the case be transferred to: Manchester Civil Justice Centre.

This is the local court to the defendant. Due to ill health and financial problems the defendant can not travel to Northampton.

C: Yes

D: 00

E: No

F: No

G:

1. The Defendant maintains the Claimant had failed to serve a Default Notice pursuant to s.87 of the Consumer Credit Act 1974 prior to the documents sent on 05/02/2013 and as a result this whole claim is an abuse of process.

 

2. The defendant also points out in a letter issued to the defendant by the court on 03/01/2013 the claimant had 28 days to respond to the court after receiving the defence which was submitted on 02/01/2013. This will have been received on 03/01/2013. Thus the Claimant responded to the court after the 28 days had expired, and should be stayed as per the courts letter.

 

3. The defendant had previously informed the claimant that he was in progress for assistance and a solution to his financial issues with 'Step Change' The debt solutions charity, formerly known as Consumer Credit Counselling Service.

 

Step change has been working with the defendant to suggest an IVA solution which the defendant has agreed and is currently in progression which also encompasses the claimants claim. The Step Change reference number for the defendant is: W########.

 

Failure to continue with the Step Change process will result in the defendant coming under further financial pressure, potentially making the IVA solution provided by Step Change fail in entirety.

 

Also the defendant’s health may be further impacted by the additional pressure of this claim, also having implications on the defendant’s employment.

 

4. The defendant has also proven through communication with all his other creditors that he is willing and wantonly making an effort to come to an amicable solution, which had he received the correct communication from the claimant he would have maintained.

 

H: No

I: Signed, Dated and printed the name, Mobile number and email address.

 

Any assistance is much appreciated as always.

[AndyOrch]

Just tread carefully here s8n they have suggested a strike out on your defence to the court of its own initiative and using case management powers.Normally this would be requested by way of an application attached to the AQ.

I assume (as you have not uploaded page 1 no applications made) this is not the case which would show a feeble attempt to convince the DJ without cost to themselves.

 

Regards

 

Andy

[s8n]

Just tread carefully here s8n they have suggested a strike out on your defence to the court of its own initiative and using case management powers.Normally this would be requested by way of an application attached to the AQ.

I assume (as you have not uploaded page 1 no applications made) this is not the case which would show a feeble attempt to convince the DJ without cost to themselves.

 

Regards

 

Andy

 

Hi Andy. I am glad you have pointed this out. I didnt include the other pages in the AQ because it just seemed to be filled out in the standard way, nor was there additional sheets. It was only this section that had any meaningful text.

Do you think my response to the AQ would satisfy any issues or avert a strike out?

 

I know, contrary to the advice keeping off the phone, i did contact the solicitor. She "seemed" ok enough. I had a discussion with her about being with Step Change. I also mentioned a Lump Sum IVA, which step change have suggested, and that the sum in this case is included in that.

 

She asked me for Income and expenditure, and a suggested amount, and said the Client is willing to negotiate in the case.

I havent responded via email as yet.

[AndyOrch]

Is that an option you are willing to consider rather than proceed defending?

 

 

Andy