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    • Dear All,   BN, BF, HB, - Thank you for your comments.    Yes sorry, i wanted to save some time by doing that as I wanted to carry out the posting ASAP OK, I have redacted the statement and it is attached here in the PDF doc.   Its our 2nd draft and I will fine tune it tonight / tomorow.   Thank you for putting me right.    Warm regards BF   Counterclaim-1.pdf
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    • Hi Burma.   You've been here for a while and I have to say I'm a bit disappointed that you're PMing this to various people off the main thread.   Advice by PM isn't what we advise here and I hope that you can post up your anonymised documents very soon.   HB
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Court Claim Received from Aplins for MBNA CC


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Yes ...simply accept or refute their points at this stage ...dont add

We could do with some help from you.

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Yes ...simply accept or refute their points at this stage ...dont add

 

So defence looks likey this then??

 

Defence:

 

1. Paragraph 1 is admitted with regards to the Defendant entering in to anAgreement 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 DefaultNotice 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 equityto issue a claim;

 

4. Incorporated within the sum demanded by the Claimant are sums claimed foradministration 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 sumslost by the Claimant by reason of late payment. The Defendant avers that theincorporation 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

 

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Bare bones yes but lets include the facts of the section 78 request with its date anomalies and strange signature......BT could please type out the Particulars by hand verbatim.

We could do with some help from you.

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Hi Andy, the POC are as follows:

The Claimant's Claim is in respect of a credit facility, xxxxxxxxxxxxxx,provided by MBNA at the Defendant's request on xx/xx/xxxx. Failure to meetrequests for payment resulted in the account being defaulted. On xx/xx/xxxx,all legal and beneficial interest for the monies was assigned to HillesdenSecurities Ltd. The Defendant was duly notified in writing of the assignmentand that a balance of £xxxxx.xx was due. The balance of £xxxxx.xx remains owingfrom the Defendant.

Left out dates and amount for anonymity but(obviously) I will supply if required.

 

TIA:-D

Edited by BT2505
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No BT it must be verbatim...I have just looked the the PDF....one word missed can make all the difference in success or failure.

We could do with some help from you.

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No BT it must be verbatim...I have just looked the the PDF....one word missed can make all the difference in success or failure.

 

 

Hi Andy, as requested the POC are as follows Verbatim:

 

The Claimant's Claim is in respect of a credit facility, xxxxxxxxxxxx provided by MBNA at the Defendant's request on 16/02/2005. Failure to meet requests for payment resulted in the account being defaulted. On 28/11/2009, all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd. The Defendant was duly notified in writing of the assignment and that a balance of 16632.21 was due. The balance of 16632.21 remains owing from the Defendant.

Edited by Andyorch
ACC number removed.
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ps just found another app form with a date different from above so three with same date one (CPR) with above date. Also looks like all different T&Cs

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So how many CCA ,s do we now have? how many with a forged sig on?

We could do with some help from you.

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So how many CCA ,s do we now have? how many with a forged sig on?

 

Andy you are amazing - working like a Demon on quite a few posts in this forum I can see!

 

There are 3 application forms with my sig and date of 10th Feb 05 and one with an attempted sig and the 16th Feb 05:!:

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So thats 4 and the PoC states the account was opened 16/02/05.

 

Couple of points that may seem irrelevant but there not....what dates and from who were the responses and which one forged the signature?

We could do with some help from you.

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So thats 4 and the PoC states the account was opened 16/02/05.

 

Couple of points that may seem irrelevant but there not....what dates and from who were the responses and which one forged the signature?

 

Andy

 

All from DLC/Hillesden - never got any response from MBNA although I know that is not uncommon. So any alterations have come from them imo.

 

I will have to look through the paperwork to get dates. Don't think we can trace who did it though as I have a series of letters from different team leaders all with the same signature??

 

Give me a few minutes and I will check dates of application forms and T&Cs received in response to my requests for agreement paperwork.:typing:

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No problem BT if you could...what date is your defence due? I will be around later and we can draft something that will put the fear of God into the claimant.

 

Regards

 

Andy

We could do with some help from you.

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No problem BT if you could...what date is your defence due? I will be around later and we can draft something that will put the fear of God into the claimant.

 

Regards

 

Andy

 

As you would expect - I like the sound of that Andy :whoo:

Defence is due on the 24th June if my calcs are right. Issued 22nd May??

 

Will dig out dates and post up - thanks for your support....I really appreciate it:hail:

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Hi Andy

 

Ok, looking back through paperwork here are the dates.

 

I wrote to Hillesden 28th May 2010 asking why they refered to MBNA as their client since they aquired the debt in Nov 09 - they replied 12 July 2010 with app form dated 10 Feb 05 with my sig, T&Cs and some statements.

I wrote to Aplins 5th April 2012 (in response to LBA dated 30 March 2012) they replied 19th April 2012 with app form dated 10 Feb 05 with my sig, T&Cs and some statements.

I wrote to Hillesden 23rd March 2012 they replied 2nd April 2012 with app form dated 10 Feb 05 with my sig, T&Cs and copy of DN.

I wrote to Aplins 05 Jun 2013 with CPR 31.14 request - Hillesdens replied 7th June 2013 with app form dated 16 Feb 05 with an attempt @ my sig, T&Cs, DN and "Key pages of Debt Sale agreement made between MBNA Europe Bank Ltd and Hillesden Securities Ltd dated 23 Dec 2008"

 

The MBNA "Signature" on the 1st 3 all appear in the same position and they all have what looks like an internal stamp date of 15 02 05 and the tick boxes have identical ticks in them.

the MBNA "Signature" on the final on - post CPR - is in a different position, the ticks are different lengths (ie longer) and the date stamp is 22 02 05. The date next to "my" signature also look like it may have been written by someone else imho.

 

Looking forward to your thoughts.

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Hi Guys, I know Andy is busy (and has his own life!) and I am very grateful for the help so far - however, my defence is due Monday 24th and because of the lack of time to post it by snail mail, I will need to enter the defence via MCOL (hope its working) either over the weekend or Monday at latest. Assuming I can do it on Monday and not it has to there by Monday..... Should I hold my nerve and wait for Andy's welcome input or put in the defence online before Monday.

 

Any help gratefully received.

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Hi BT

 

Apologies for not getting back to you.....lets do the Defence Monday am.....using MCOL...you have the basis already prepared,theres just a few additions and tweaks to be made so wont take long.Have you registered for MCOL and got your username..if you have that ready for Monday.

 

 

Regards

 

Andy

We could do with some help from you.

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Hi BT

 

Apologies for not getting back to you.....lets do the Defence Monday am.....using MCOL...you have the basis already prepared,theres just a few additions and tweaks to be made so wont take long.Have you registered for MCOL and got your username..if you have that ready for Monday.

 

 

Regards

 

Andy

 

Andy, no need to apologise, I was just getting a bit twitchy.

I am available all Monday am so will keep watching and waiting to see what your tweeks are to my bare bones defence.

 

Thanks again

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1.The Claimant's Claim is in respect of a credit facility, xxxxxxxxxxxx provided by MBNA at the Defendant's request on 16/02/2005.

2. Failure to meet requests for payment resulted in the account being defaulted.

3.On 28/11/2009, all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd. The Defendant was duly notified in writing of the assignment and that a balance of 16632.21 was due.

4.The balance of 16632.21 remains owing from the Defendant.

 

 

Defence:

 

1. Paragraph 1 is noted 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...Issued through Virgin.

 

2. Paragraph 2 is admitted but the default was placed whilst Virgin/ MBNA was in default of a section 78 request,dated xxth xxxxx 2009.It is denied that MBNA ever served a valid Default Note and assigned the debt to the Claimant whilst this dispute continued.

On the receipt of this summons I made a CPR 31.14 request to the claimant dated 05/06/13 requesting a further copy of the CCA. They responded with what can only be considered as an application form which bears my signature but not in my hand writing.

The application is barley legible and is without the prescribed terms pursuent to the CCA1974 and therefore deemed unenforcible.

 

3. Paragraph 3 is admitted regarding receipt of 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) serve a legible copy of the agreement containing my true signiture along with the T&Cs of the agreement at commencement.

© 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 contended that such charges/fees were applied whilst the agreement was and still is in dispute.

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

7. On the alternative, the Agreement referred to in paragraph 1 was improperly executed contrary to Section 61(1)(a) of the Consumer Credit Act 1974 ('the Act').

 

8. 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.

 

Once defence BT check/edit and complete the dates and check its accuracy of events. Copy and paste into MCOL (it does not require a Statement of truth) tick box in MCOL and print receipt of submitting.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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1.The Claimant's Claim is in respect of a credit facility, xxxxxxxxxxxx provided by MBNA at the Defendant's request on 16/02/2005.

2. Failure to meet requests for payment resulted in the account being defaulted.

3.On 28/11/2009, all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd. The Defendant was duly notified in writing of the assignment and that a balance of 16632.21 was due.

4.The balance of 16632.21 remains owing from the Defendant.

 

 

Defence:

 

1. Paragraph 1 is noted 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...Issued through Virgin

 

2. Paragraph 2 is admitted but the default was placed whilst Virgin/MBNA was in default of a section 78 request,dated xxth xxxxx 2009.It is denied that MBNA ever served a valid Default Note and assigned the debt to the Claimant whilst this dispute continued.

On the receipt of this summons I made a CPR 31.14 request to the claimant dated 05/06/13 requesting a further copy of the CCA. They responded with what can only be considered as an application form which bears my signature but not in my hand writing.

The application is barley legible and is without the prescribed terms pursuent to the CCA1974 and therefore deemed unenforcible.

 

3. Paragraph 3 is admitted regarding receipt of 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) serve a legible copy of the agreement containing my true signiture along with the T&Cs of the agreement at commencement.

© 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 contended that such charges/fees were applied whilst the agreement was and still is in dispute.

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

7. On the alternative, the Agreement referred to in paragraph 1 was improperly executed contrary to Section 61(1)(a) of the Consumer Credit Act 1974 ('the Act').

 

8. 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.

 

Once defence BT check/edit and complete the dates and check its accuracy of events. Copy and paste into MCOL (it does not require a Statement of truth) tick box in MCOL and print receipt of submitting.

 

Regards

 

Andy

 

Wow thanks so much for the help Andy - that is amazing.

 

will check and if necessary ask questions but all looks good from my end.

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Just made a further amendment.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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