Claim Form DLC/Hillies old-MBNA credit card *** Settled by Tomlin Order***

[AndyOrch]

If they dont respond to your CPR request (and I doubt they will) that is their prerogative.You cannot force compliance (unless its a CPR18 request)

 

With regards to seeking extension CPR 15.5 you simply agree with the claimant a further 28 days..request their conformation in writing and attach to your letter to Northampton that extension has been agree pursuant to CPR 15.5 and the agreed date for defence is now xxth xxxx 2013.

 

But why would you require an extension?

 

Regards

 

Andy

[Alloyz1]

Hi Andy

 

I don't actually require one, I have everything in order and understand the processes at the moment.

 

When I sent my CPR letter, I was a little confused with the process so thought I would calm things down and buy some time to revise!!

 

You kind of explained everything in approx 3 posts!

 

A

[Guest]

Hi Ford/ Andy

 

If they do not respond .....

 

 

 

A

 

 

if they don't respond, just continue as is, get defence in on time re current deadline. even if they do, they prob won't have much more to offer, if anything, than the docs they've already sent.

[Alloyz1]

Yes, thats what I thought you would suggest. Thanks

 

I will keep you posted

 

Thanks

 

A

[Alloyz1]

Received a letter from DCA in relation to my CPR31.14 disclosure and 15.5 extension letter passed to them by their solicitors.

 

They have said they are referring to the OC for the documents requested? Even though they have supplied them previously??? Odd...

 

They are agreeing to my extension request.

 

A

[Alloyz1]

Notifying the courts today by recorded delivery of the agreed extension to submit defence

 

A

[Guest]

goodo. at least you might know, if they respond further in time, at this stage whether they might have anything else to rely on re what they mention in form which may affect your defence.

[Alloyz1]

Good Morning

 

I have now received the documents from my CPR31.14 Disclosure request. Nothing new and as I expected.

 

Even though I have an extension of time until the start of April, is there any negative aspect to filing my defense now online?

 

Many thanks

 

Alloyz

[AndyOrch]

Good Morning

 

I have now received the documents from my CPR31.14 Disclosure request. Nothing new and as I expected.

 

Even though I have an extension of time until the start of April, is there any negative aspect to filing my defense now online?

 

Many thanks

 

 

 

Alloyz

 

 

No

[Alloyz1]

Thanks Andy

[Alloyz1]

I have submitted my defense this morning, using the one edited from Andy in post 37 & 40 (many thanks for that Andy).

 

I presume I now wait to see if the claimant wishes to proceed? Pays the fee? and then I would be asked to submit a Witness Statement once the court has allocated it?

 

Thanks

 

Alloyz

[Guest]

yes, court notifies them re yr defence, 28 days then for them to respond to continue or not. if no response, then stayed. if continue, then on to allocation questionnaire form (which they'll have to pay a fee for) unless they make any applications (at fee) in meantime.

Edited March 5, 2013 by Ford

[Alloyz1]

.......... unless they make any applications in meantime.

 

Hi ford

 

What applications can they make

 

Thanks

 

A

[Guest]

not saying they will (just covering generally), but main one could be an app'n for summary judgment

Edited March 4, 2013 by Ford

[Alloyz1]

But they need to show my defence has no chance of success?

[Guest]

yes, re such an app'n. was just saying generally that could be an option for 'them' prior to allocation q. you did ask re the possibilities.

Edited March 4, 2013 by Ford

[Alloyz1]

Thats good to know, I take all and every bit of advice so thanks.

 

Just see how it goes then

 

Thanks F

 

A

[Alloyz1]

Morning

 

Letter from NCCBC to state my defense has been passed to Claimant. They they have 28 days to tell the court they wish to proceed adn they may contact me to try and resolve.

 

Quick question:

 

Does it go against either party if they are unable to resolve out of court and can it be mentioned by one of the parties the other party was unwilling to resolve?

 

Thanks

 

A

[Guest]

at this stage would prob be ok to wait see what they do first. if they contact with any offers, up to you, but could post up if so for any input.

[Alloyz1]

Thanks Ford

 

I will wait to see their intentions, and definitely post for comments and opinions.

 

A

[Alloyz1]

Morning

 

I have recieved a reply to my defence from claimant. Quick reminder of there claim and my defence:

 

1. The Claimant claims is in respect of a credit facility, 123456789, provided by MBNA at the defendants request on 05/06/2001.

 

2. The agreement was subsequently defaulted. Failure to meet requests for payment resulted in the account being terminated.

 

3. On 23/02/2010 all legal and beneficial interest for the monies was assigned to Hillesdens Securities Ltd. The defendant was duly notified in writing of the assignment and that the balance of 14582.47 was due. The balance of 14582.47 remains owing from the defendant.

 

Defence

 

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 the MBNA Europe Bank Limited.

 

2. Paragraph 2 is admitted but it is denied that MBNA ever served a Default Notice pursuant to the CCA1974. The claimant also failed to serve any Notice of Sums Arrears since assignment pursuant to the CCA2006 amendments (sec 86C ) and precluded from adding any interest or seeking enforcement or relief until such time it is served..

 

3. Paragraph 3 is admitted regarding the Notice of Assignment. The Claimant is put to strict proof to:

 

(a) show service of a valid Default Notice and proof of delivery

(b) show how the Claimant has legal right by way of the Credit Consumer Agreement and Terms and conditions applicable

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. Incorporated within the sum demanded by the Claimant are sums claimed for administration fees, late payment charges and like provisions. It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges if incurred accurately represent sums lost by the Claimant by reason of late payment. The Defendant avers that the incorporation of such claims is penal and unenforceable at law.

 

5. 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.

 

So they have refered to a clause in the terms and conditions which allows the OC to transfer the rights to a.n.other. They have failed to realise the terms and conditions they have refered to and sent to me again last month, are not pursuant to CCA1974- I can prove this. They do have another set which are also non pursuant to CCA1974 as well but they state these are up to date T&C.

 

I have sent a letter off today confirming the T&C they refer to are the 'original ones provided at the time of signing'. If I get a 'Yes', can I use this in my witness statement? over the last 4 years they have stated 4 different sets of T&C were the original ones!

Edited April 2, 2013 by citizenB
removed cc reference

[citizenB]

 

I have sent a letter off today confirming the T&C they refer to are the

'original ones provided at the time of signing'. If I get a 'Yes', can I use

this in my witness statement? over the last 4 years they have stated 4 different

sets of T&C were the original ones!

 

Yes, I think you can

[lutin]

You have left amounts and card number please edit.Regards Lutin

[Alloyz1]

Thank you for editing

 

[Alloyz1]

Hi

 

According to MCOL the claimant has failed to advise if they are to proceed.

 

The previous advice from the court was they had 28days to respond to the court after they had recieved my defence or the case would be stayed.

 

The claimant did contact me rejecting my defence as 'not valid' which is fine, as they are wrong.

 

Two questions

 

1. Do I need to ask the court to stay the claim? It still has a status on MCOL unchanged since they recieved my defence and forwarded on to the claimant

 

2. How long does a stay last for before the matter is closed, if ever?

 

If there is anything else you think I should do in the meantime could you advise.

 

Many thanks