Court Claim Received from Aplins for MBNA CC

[BT2505]

Hi, I need a bit of help with my defence for a claim received from Aplins via Hillesden/DLC.

 

A long story and I'm not sure how much you need to know but in brief:

 

2009 CCAd MBNA for sight of original agreement for a credit card I had with them

and despite them not supplying anything,

and following the timelines in the CCA putting them into dispute,

they continued to use various companies to try and get me to pay my account but sent nothing.

 

Eventually, they defaulted on me and then sold on the debt to Hillesden/DLC without ever satisfying my CCA request.

 

Since then I have had an on off relationship with DLC

- them writing to me threatening to take legal action against me for the Financial Facilities I had with them

and me saying I owed them nothing and asking for proof of debt etc,

 

all after reading advice discussed on this forum, in cases similar to my own.

 

This for the last couple of years with months of inaction in between.

 

All I have ever received is a poor photocopy of an application form and sets of T&Cs that they have assured me would have been in force at the time

- although no dates on them to verify that!

 

I refused to pay them and eventually I received the claim from The Northampton bulk centre.

 

I have already acknowledged service in the 14 days,

declared my intention to defend in full

and CPR'd Aplins for the docs they intend to rely on in the action.

 

Today an envelope from DLC dropped through the door with the same docs that they have sent many times before

with a letter saying they have fulfilled my CPR 31 request

- pay up or we will see you in court.

 

This is quicker than I assumed from reading other posts but hey ho time to start putting together my defence.

 

What info is needed to help with this please.

 

First time in Court and although I am not too concerned

I would like to have all my ducks in a row so to speak.

 

Just re read this and realised it may not appear that brief - sorry!

[AndyOrch]

Hi BT and welcome to CAG

 

The devil is in the detail perhaps post up your CCA (less any identifiable date ) for others to comment ..if you could also do the same for the Particulars of Claim.

 

What date did your agreement commence?

 

Regards

 

Andy

[BT2505]

Hi andyorch, thanks for getting back so soon.

 

By CCA do you mean the credit card application which they sent? I will scan in both in the morning for comment.

 

The agreement started Feb 05

 

Thanks again

[dx100uk]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

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

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg 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

.

[BT2505]

:-DThanks DX will do. Appreciate the support on here.

[BT2505]

Hi Guys hope these are what you were refering to.

 

Thanks again

 

[ATTACH]44430[/ATTACH]

 

[ATTACH]44431[/ATTACH]

[BT2505]

Hello again,

whilst awaiting your thoughts on the above

 

- would like your advice on the following please...

 

.. just had the second letter through from DLC with "Notice of Default Sums".

 

The first dated May 13 was for £100 for "Litigation Cost"(Debtor) and

 

the second today dated June 13 for a further £30 for "Litigation Cost"(Debtor)!

 

Can anyone explain why and if these sums are allowed whilst the account is in the position it is at the moment?

 

If not how should I answer them

 

- if at all?

 

Thanks as usual for any and all help.

[dx100uk]

no don't answer them

 

they cant really charge you lit costs until they win

 

which they wont.

[BT2505]

Thanks DX apreciate your quick response.

[BT2505]

Hi guys, I have 11 days till my defence has to be in - any views on my post above with the CCA and Claim particulars please?

 

I am not in a panic but not sure hong long a defence takes to put together and don't want to be late with its submission,

 

Cheers

[AndyOrch]

Hi BT ok I have unapproved your uploads ..you have left your MCOL password on the summons ..if you could remove and re post.

 

Ok the agreement is pants and is without the prescribed terms or little else...being pre 2007 this could be unenforcible.

 

Regards

 

Andy

[BT2505]

Thanks Andy, I thought I had removed it it but looks like I converted the wrong version. I still see it on my earlier post though - is it blocked from other people?

 

Will redo and repost in the next post.

 

Cheers

[BT2505]

Hi Andy hope this version is ok

 

[ATTACH]44503[/ATTACH]

[AndyOrch]

Hi Andy hope this version is ok

 

[ATTACH]44503[/ATTACH]

 

 

[BT2505]

Thanks for the thumbs up Andy, do you or any of the fine Cagers on here

need sight of any other info??

[AndyOrch]

Not particularly BT just keep an eye on your time line now and update your thread if anything further transpires.

 

Regards

 

Andy

[BT2505]

Not particularly BT just keep an eye on your time line now and update your thread if anything further transpires.

 

Regards

 

Andy

 

 

Hi Andy, something has transpired as I have been putting my defence together and researching the paperwork therefore I could do with some guidance please.

 

The date on the POC for the agreement, supposedly signed by me on the said date, is at odds with two previous application forms received from the claimant, indeed the one supplied under my recent CPR is not my signature (although it looks like it has been attempted!!) and the date is different from the other two by 6 days.

 

The POC says I "failed to meet requests for payment" however, I was within my rights to withhold payments whilst account in dispute.

 

Furthermore MBNA sold it before the time given by default notice to remedy elapsed. (dated 9th remedy by 26th! 3 days for second class =12th giving me 14 days however 7 days later sold) My copy of the DN and the one supplied under CPR are different in the layout and header - although the wording is the same.

 

The amount claimed increased due to default charges added by MBNA even though the account was in dispute..... so how do I answer the wrong amount?

 

Sorry for so many questions.

Edited June 19, 2013 by BT2505
formatting errors

[BT2505]

PS, I have the bones of the defence sorted is it worthwhile posting on here before the above post is answered??

[AndyOrch]

Hi BT

 

Let me just reply to your post firstly...playing devils advocate and challenging the above as could be by the claimant.:-

 

 

" The date on the POC for the agreement, supposedly signed by me on the said date, is at odds with two previous application forms received from the claimant, indeed the one supplied under my recent CPR is not my signature (although it looks like it has been attempted!!) and the date is different from the other two by 6 days.

 

The forged signature may be useful particularly if you were to disclose different versions at Standard Disclose

 

The POC says I "failed to meet requests for payment" however, I was within my rights to withhold payments whilst account in dispute. Mmmm yes and no you simply refute that statement as to why you failed to meet the requests.

 

Furthermore MBNA sold it before the time given by default notice to remedy elapsed. (dated 9th remedy by 26th! 3 days for second class =12th giving me 14 days however 7 days later sold) My copy of the DN and the one supplied under CPR are different in the layout and header - although the wording is the same.

It is most probably a reconstituted version ...most creditors do not retain a copy of the DN...only proof that it was issued.

 

The amount claimed increased due to default charges added by MBNA even though the account was in dispute..... so how do I answer the wrong amount? " They would simply refer you to the T&Cs that you agreed and charges applicable in default...unfair as they seem you did agree to then at the time

 

 

Now what's your defence defence?

 

Regards

 

Andy

[BT2505]

Thanks Andy, you are a star.

 

I will take your comments into account and tweek my attempt - then post up.

[BT2505]

Slightly changed from my original where I suppose I gave too much info.... keep powder dry as discussed by you in previous threads.

 

 

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. Notwithstanding, it is also accepted that the agreement was unlawfully rescinded by the Original Creditor before any lawful Assignment.

2. Paragraph 2 is admitted but it is denied that MBNA ever served a Default Notice pursuant to the CCA1974.

3. Paragraph 3 is admitted regarding the Notice of Assignment. The Claimant isput 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 ConsumerAgreement 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 (ifit 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 theClaimant is entitled to the relief claimed or any relief.

 

Statement of Truth

 

 

I believe that the facts stated in this defence are true

 

How does that look please?

Edited June 20, 2013 by BT2505
formatting issues

[AndyOrch]

" Notwithstanding, it is also accepted that the agreement was unlawfully rescinded by the Original Creditor before any lawful Assignment."

 

Expand on the above please BT and the grounds that is is made on?

[BT2505]

Do you mean to you Andy or add to the Defence?

 

Anyhoo, the DN was dated 9th and posted 2nd class remedy date was given as 26th - however, the alledged debt was sold on on the 19th. I assumed (hopefully correctly) that that is unlawful and therfore the assertion above - am I correct?

[AndyOrch]

No there is nothing to stop an assignment at any stage ...during or after a dispute or issue of a Default Notice.(during to allowed time allowed rectify any breach)

[BT2505]

No there is nothing to stop an assignment at any stage ...during or after a dispute or issue of a Default Notice.(during time allowed time allowed rectify any breach)

 

so I take that out then?