IDR Finance - MBNA & Northampton CC

[badboybill]

Hi all,

 

In short IDR has decided they want to take me to court - fine!

 

I've enclosed a copy of the agreement with MBNA (minus sensitive bits) along with the Court Papers.

 

I never filled in the application form in 2003, just signed it as I didn't think i would get credit. I was approached by a Homebase Rep whilst walking around the isles and asked if I would like a credit card. I said what the hey and didn't think more about it - boy did I not see this coming!!!

 

So what other bits of info should i submit to the court?

 

Thanks

Badboy....Bill

Edited January 10, 2013 by badboybill
changing file types

[AndyOrch]

Bill you need to convert those uploads to pdf...far too small on jpeg to view.

 

Regards

 

Andy

[badboybill]

Hi Andy, Its done and thanks for your time.

 

Bill

[AndyOrch]

Bill you need to remove your password and the bar code on the summons....I have unapproved your upload.

 

Regards

 

Andy

[badboybill]

Andy, its done with a little improvisation! Bill

[AndyOrch]

Andy, its done with a little improvisation! Bill

 

Uploads approved.

[badboybill]

Many Thanks Andy. If anyone has comments about the particulars of the MBNA agreement I would welcome them thanks.

[badboybill]

Ok, Submitted my defence and got a letter from IDR

 

They want me to sign a Tomlin Order and place a charge on my property. If I don't play ball they will ask for £2k to cover their legal costs.

 

The fun part is they created the order on behalf of Northampton CC. The points of the agreement that grab me are

 

5, There be no leave to the claimant to enforce the voluntary restriction by any means. This is worthless!!

and

6, In short (The Tomlin Agreement) shall be kept strictly confidential to all parties and their legal advisors. WHY?

When I logged in to my case file I noticed they have not added these documents online NOR given me any time-frame to respond!!

 

My Challenge:

 

1, IDR claim they are now the owner of my debt. Why have I not seen a letter from MBNA to vindicate their claim. Do IDR change my credit records? MBNA gets nothing? in short what does the agreement between IDR/MBNA state in relation to my t&cs.

2, I signed the agreement in 2003 in a Homebase store

3, The terms of the 2003 agreement are not the same as the 2012 agreement, WHY?

 

cheers

Bill

[AndyOrch]

Ok, Submitted my defence and got a letter from IDR

 

They want me to sign a Tomlin Order and place a charge on my property. If I don't play ball they will ask for £2k to cover their legal costs. Is that marked Without prejudice?

 

The fun part is they created the order on behalf of Northampton CC. The points of the agreement that grab me are

 

5, There be no leave to the claimant to enforce the voluntary restriction by any means. This is worthless!! Means they will never request an Order for Sale

and

6, In short (The Tomlin Agreement) shall be kept strictly confidential to all parties and their legal advisors. WHY? All Consents and Tomlins are confidential (even to the Court)

 

When I logged in to my case file I noticed they have not added these documents online NOR given me any time-frame to respond!! (this is a separate issue to the court procedure between you and the Claimant not CCBC Northampton)

 

My Challenge:

 

1, IDR claim they are now the owner of my debt. Why have I not seen a letter from MBNA to vindicate their claim.Notice of Assignment can come from either the Assignor or Assignee) Do IDR change my credit records? Yes they are now the owner MBNA gets nothing? Not their debt in short what does the agreement between IDR/MBNA state in relation to my t&cs.It states that MBNA are allowed to assign your debt to a third party

2, I signed the agreement in 2003 in a Homebase store

3, The terms of the 2003 agreement are not the same as the 2012 agreement, WHY? They update and review and change them through the agreements life

 

cheers

Bill

 

The above 3 points are their challenge not yours hence the offer of the Tomlin Order and no response to your defence...they are at a loss to proceed..... the claim is stayed.

 

Regards

 

Andy

[badboybill]

Hi Andy,

 

Many thanks for taking the time in going through this. What shall I do now?

 

Cheers

Bill

[AndyOrch]

Consider their Offer or continue and weigh up the risks...how much time you have to devote to the claim...how much stress you wish to take.Decision is yours.

 

Regards

 

Andy

[badboybill]

Ok, I don't like their offer and have plenty of time to devote to the claim. I will write to them thanking them for their offer and see what they do next. Did the MBNA agreement I posted have any flaws in it?

 

Thanks

Bill

[badboybill]

Where can I find a form/link to object to a N244?

 

cheers

Bill

[AndyOrch]

What N244 are you objecting to Bill?

[badboybill]

Hi Andy,

 

IDR submitted an application to court asking for an expired stay to become active. Citing an investigation as to their legitimacy to my MBNA debt plus claiming it was an oversight on their part that the stay had expired. As it took nearly 2 months for them to respond to my letter and the documents they supplied are incomplete, I've submitted an objection to the court with evidence of postal receipts, their documents and my summary asking that the case be set aside as the original court application was in error.

 

IDR claimed they 'owned' the dept so when I challenged this I wanted to see all contract and transactional data. In their N244 application they claimed they needed to 'investigate' their own claim!!

 

Lets see what happens.

[badboybill]

An interesting development, I Think?

 

Just got a letter back from the court and reads as follows, "The contents of the Defendant's letter are noted. This letter is not as application and is inadequit to challenge the Judge's order. The defendant should seek urgent legal advice and look at CPR3.3(4) and (6)".

 

The court originally found in favour of IDR and I objected.

 

Cheers

Bill

[AndyOrch]

That simply means your letter will be disregarded..and not treated as application........the Judgment will stand.

 

Regards

 

Andy

[badboybill]

Thanks for the info Andy.

 

What would be my next move?

 

Bill

[AndyOrch]

You should have accepted the Tomlin.

[badboybill]

Thanks again Andy.

 

If I defend do I submit a N244 citing CPR3.3 that the claimant has not followed pre-action protocol procedures correctly?

[AndyOrch]

You have already submitted your defence post#8...

[badboybill]

Ok, realised I need to bring you up to speed. About 6 weeks ago Dartford CC found against me and I submitted my objection in writing (within 7days).

 

As for Northampton CC, I paid the fee to have my N244 objection heard but did not get a response.

 

I copied everything to Dartford CC in my last objection.

[AndyOrch]

This is why its important to post every action that has occurred not snippets after the event.......well your set a side has been rejected...you now have a CCJ which will appear on your CRA files for 6 years....Time to arrange payment.

 

Game over.

 

Regards

 

Andy