Aktiv Kap/hassall SD *** old MBNA Card **Resolved by Tomlin Order**

[chinawhite1]

Hi i dont have a facility to scan but the DN is identical to this one I found on another post , date on top of letter 7th July , end date 26th July

 

http://s911.photobucket.com/user/zentrix9/media/MR%20VIRGIN%20MNBA/mbnadefaultscan.jpg.html#/user/zentrix9/media/MR%20VIRGIN%20MNBA/mbnadefaultscan.jpg.html?&_suid=1372409523991039272005553000116

 

App form has conditions of use on reverse and then theyve sent a generic credit card agreement regulated by the consumer credit act 1974 - app form states interest rate for purchases is 17.9% and for cash advances 13.9% but agreement just states your apr 13.9 %

 

Andy

 

They (MBNA ) have sent a default notice as detailed above and a letter on MBNA letter head with no header date at all saying

 

"we confirm that the balance outstanding under the following account has now been assigned to Varde Investments (Ireland) Ltd

 

Account Number xxxxxxxxxxxxxxxxxxxxx

Customers full name xxxxxxxxxxxxxxxxxxx

last known address xxxxxxxxxxxxxxxxxxx

date account opened 25.05.1994

Default date 30.06.2010

assigned balance xxxxxxxxx

agreement type credit card

 

In accordance with aforementioned assignment to varde investments (ireland) lts now holds all legal rights, authorities and obligations to the same. "

 

So the default notice says defaulting 26th July but the notice of assignment to Varde says 30th June, same year !

[AndyOrch]

Dont worry about it China its too late in the day to verify them ...submit your defence we can examine later and refer to them in your WS.

[chinawhite1]

just noticed that my DN is on different letterhead but I suppose they just reprint off comp on to whatever letterhead they are using now ?

[chinawhite1]

Hi Andy

 

Ok so submit as before and then get case together re: default and assignment ?

 

Am i right in thinking that the DN is not valid because the notice of assignment is dated 30th June ?

[AndyOrch]

No makes no odds Assignment v Default either way...the main point is you submit a defence now and stop default judgment..we can chew the fat later.

[chinawhite1]

Ok will do - thanks

[chinawhite1]

Defence submitted, will wait to hear - thanks very much for your help.

 

I am very confused though as to why the assignment notice being dated before the default notice does not make the default notice invalid ??

 

Thanks again, CW

[AndyOrch]

Because there is no law forbidding assignment before ..during ..or after default.

 

Question is who issued the DN

[chinawhite1]

ah right, So , as I now have a copy of app form and a copy of credit agreement, a copy of default notice (dates seemingly okay, although default issued whilst debt still in dispute !) and a notice of assignment (to Varde not Aktiv Kapital and dated before default) - do I actually have a defence ? ?

[chinawhite1]

sorry, i have so many questions floating about in my head !!

does this notice of assignment from mbna saying assigned to Varde cover the transfer to Aktiv Kapital or should I have one from someone saying now assigned to Aktiv Kapital ??

[AndyOrch]

You should have one assigning the debt to AK

[AndyOrch]

" as I now have a copy of app form and a copy of credit agreement, a copy of default notice "

 

If you could get a friend to scan these and upload China for later on in the process.

 

Regards

 

Andy

[chinawhite1]

Hi Andy

 

will get them uploaded somehow !! thanks

[chinawhite1]

Hi

 

Latest instalment !!received letter off wright hassall saying they acknowledge receipt of defence. we note defence largely surrounds lack of documentation, they then go on to say must have crossed in post etc but says as I have received all requested documents do I now wish to continue with defence - the have attached a letter supposedly sent to me in March 2012 saying that they have purchased the debt off experto credite - doesnt say notice of assignment anywhere on it but gives details of debt. Im certain i never ever received this letter.

 

not sure what to do now as I do indeed have all the paperwork !

 

im going to try and get them scanned on this weekend and id be really grateful if anyone can give any advice as to whether any defence i may now have will stand up.

 

thanks cw

[chinawhite1]

http://s369.photobucket.com/user/florriepie/library/#/user/florriepie/library/mbna?sort=3&page=1&_suid=137335740720106543454416320064

 

hi i think this is the docs uploaded, not sure if ive done it correctly but hopefully it will work - any help/advice gratefully received !!!!

[chinawhite1]

I have to reply to wright hassall before 29th July with new defence - i think ? or do i just submit a new defence to the court ?

 

thanks CW

[citizenB]

http://s369.photobucket.com/user/florriepie/library/#/user/florriepie/library/mbna?sort=3&page=1&_suid=137335740720106543454416320064

 

hi i think this is the docs uploaded, not sure if ive done it correctly but hopefully it will work - any help/advice gratefully received !!!!

 

The link is broken, can you please follow instructions below and convert document into pdf and then repost

 

 

Dx100 – Instructions on uploading pdfs

Scan the requiredletters/agreements/sheets

as a picture file

remove all personal info including barcodes etc. using paint

but leave all figures and dates.

Go to one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

open a new message box here

hit go advanced below the message box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB: you can set where it goes in the post by hitting insert inline.

Then hit reply button

[citizenB]

Without having seen the communication, I would think that you have to provide both the court and Right Hassle with a copy of your new Defence.

[chinawhite1]

 

 

ive tried to link the app form scan again as it is only on photobucket not on my computer but ill convert the others and post those as above

[chinawhite1]

i have no idea what im doing !!! hope this works okay though

 

thanks CW

[AndyOrch]

China they have not requested a further defence by the 29th they simply state they wish to talk re settlement without the claim proceeding to trial.If what they have disclosed negates all your defence then I see little point in submitting a further amended defence.(Only the Court can order this anyway)

 

If you do not reach or make contact by the 29th then they will inform the court they wish to proceed and you must stand by the defence submitted.

 

Its a choice you will have to consider and decide upon.

 

Regards

 

Andy

[chinawhite1]

Hi Andy,

 

would you mind having a look at the paperwork i have posted and advising me whether you think it is all in order ? I still dispute the amount of the debt because they added interest and default charges whilst the debt was in dispute. They also hiked the interest rate up without even telling me !!

 

 

Thanks CW

[AndyOrch]

Most DJs would consider the paperwork in order and in line with the over riding objectives would consider it valid and proof that an agreement is in place.....China the defence is slowly becoming diminished arguing added interest and default charges is weak and straw clutching...if you defaulted then they are in order to add said charge..after all you defaulted and you have agreed by their T&Cs...the fact that its a penalty charge is another argument but not enough to defend on.The fact that they added interest whilst in dispute again not a valid point or strong enough to salvage a defence...its at the creditors discretion whether to freeze the account or not pending resolution of any dispute.

 

With that in mind I personally would be looking to mediate with them and at least try to argue that you dont agree with said charges and can you come to arrangement ...maybe by Tomlin Order...this could achieve an amicable settlement and even avoid a judgment if successful.

 

Just my honest opinion but its your choice.

 

regards

 

Andy

[chinawhite1]

hi andy,

so the assignment notice to aktiv kapital is all in order is it ? if so then i will have to as you say argue the charges and interest hike with them but i cant afford to settle at all so would the best bet be to offer a repayment plan ?

 

thanks CW

[AndyOrch]

Of course a Tomlin Order or Consent by be by way of a payment plan.