Claim Form received- AK on MBNA debt - Advice please

[Ironroadman]

UPDATE

No reply to my request for an extension of time. So I guess I need to file my defence now.

 

With regard to the mis sold PPI, do you think I should mention this in the defence, or should I treat this as a separate matter between myself & MBNA?

[citizenB]

UPDATE

No reply to my request for an extension of time. So I guess I need to file my defence now.

 

With regard to the mis sold PPI, do you think I should mention this in the defence, or should I treat this as a separate matter between myself & MBNA?

 

The particulars of claim read as follows:

 

The claimant claims the sum of 5232.23 for debt and interest.

 

on 26/08/02 the defendant entered into an agreement with MBNA for a credit card under reference xxxxxxxxxxxxxxxx.

 

On 31/08/12 the defendant defaulted on the agreement with an outstanding balance of 4,873.34.

 

On 24/10/12 the debt of 4,873.34 was assigned to Aktiv Kapital portfolio As Oslo Zug Branch.

 

Notice of assignment was sent to the defendant in accordance with s136 Law of Property act 1925.

 

And the claimant claims

 

1. The sum of 4,873.34

2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum

from 24/10/12 to 25/9/13 358.89, & thereafter at a daily rate of 1.07 until judgement or sooner payment.

 

Ok, you have until the 29th October to submit your defence, if I remember correctly the issue date was 26th September ? So you still have 6 days.

 

I have brought forward the PoC information.

 

Are they still in default of your CCA request ?

 

If you are forced to submit a defence, you can only respond to the PoC.

 

Which would be that

 

That either the claimant or MBNA have not complied with the s78 request.

 

That you dispute the amount being claimed

 

Did you receive either the default notice and the Notice of assignment ?

 

Have you been receiving Notice of Arrears statements ?

[citizenB]

Have you got the information required to submit a PPI claim - eg statements ? If so, then you should be taking steps to submit the claim to MBNA.

 

I am not sure about including the mis selling of the PPI .. I will ask someone to advise.

[Ironroadman]

Ok, you have until the 29th October to submit your defence, if I remember correctly the issue date was 26th September ? So you still have 6 days.

 

I have brought forward the PoC information.

 

Are they still in default of your CCA request ? Yes, nothing received.

 

If you are forced to submit a defence, you can only respond to the PoC.

 

Which would be that

 

That either the claimant or MBNA have not complied with the s78 request.

 

That you dispute the amount being claimed

 

Did you receive either the default notice and the Notice of assignment ?No

 

Have you been receiving Notice of Arrears statements ?

No Edited October 23, 2013 by Ironroadman

[MandM]

What you'll find this lot most likely do is fob you off and sit back until it's time to submit the AQ/DQ. Then attached to their copy of the AQ will be all the info required (as they see it) to stump your defence [a copy of an agreement, some Ts & Cs, some statements showing useage of the account etc).

 

Pretty sure they do this in the hope that the sudden glut of information very 'last minute' will force you to throw the towel in.

 

Going back to CBs question above do you have statements in your possession which show either PPI or unlawful charges added to the account? Is there enough info to assess what the account should/could be reduced by?

 

I'm just trying to think ahead slightly - IF they come up with the info relevant to your defence, and IF that info may be adequate to satisfy a DJ that you owe the money, and IF you reach a point where it would be more feasible to negotiate your way out rather than risk ending up with a CCJ, then you need to have figures in mind to throw at them.

 

AK have owned my MBNA account for a couple of years now and after god knows how many "offer" letters I've had from them they've eventually opted for the court route. I'm quite sure that there's issues with the account or they wouldn't have left it so long, neither would they have offered such huge discounts. But, reading through the docs that turned up attached to the AQ I'd have to admit that if I were the DJ in my case I would, on the balance of probability, agree that I owed the money.

 

Mine isn't in SC track so I could be subjected to some huge costs if I continue to fight it and lose. You have an advantage there as your value is lower and in SC track. Which makes them vulnerable as AK will know this and probably not want a fight as they'll still have to pay the Sols whatever the court may or may not award in costs. Which won't be much in SCT.

 

There are plenty of defences on this forum that you could adapt to suit your situation, but be prepared for the info to magically appear by the time AQs go in.

 

Who are the Sols? Is it HL?

 

Mike

[Old Cogger]

Above is right, BUT record their timings as if they fail to follow court direction on producing documents. who is the solcitor on this one. and no doubt any signature on witness statement will be Steve Crosborrow.

[MandM]

and no doubt any signature on witness statement will be Steve Crosborrow.

 

LOL. He's a busy boy.

[citizenB]

You should not mention the PPI in your defence - only respond to the points in the Particulars of Claim and start sorting out the paperwork to make your refund claim to MBNA, separately.

[Ironroadman]

You should not mention the PPI in your defence - only respond to the points in the Particulars of Claim and start sorting out the paperwork to make your refund claim to MBNA, separately.

 

OK Thanks CB

[Ironroadman]

Above is right, BUT record their timings as if they fail to follow court direction on producing documents. who is the solcitor on this one. and no doubt any signature on witness statement will be Steve Crosborrow.

 

Sols are J&P of Bromley.

[Ironroadman]

Ok, you have until the 29th October to submit your defence, if I remember correctly the issue date was 26th September ? So you still have 6 days.

 

I have brought forward the PoC information.

 

Are they still in default of your CCA request ?

 

If you are forced to submit a defence, you can only respond to the PoC.

 

Which would be that

 

That either the claimant or MBNA have not complied with the s78 request.

 

That you dispute the amount being claimed

 

Did you receive either the default notice and the Notice of assignment ?

 

Have you been receiving Notice of Arrears statements ?

 

 

UPDATE

 

Letter received today from Sols. Reads: "We can agree to an extension of time as requested. We will agree to allow you an extra 14 days to respond to the claim form, from the date the documentation is sent to you".

 

So as we do not know when this is going to be, any thoughts on what I should inform the court?

Edited October 25, 2013 by Ironroadman

[Old Cogger]

Judge & Priestley LLP got it.

[Ironroadman]

RE: Extension of time.

 

"We can agree to an extension of time as requested. We will agree to allow you an extra 14 days to respond to the claim form, from the date the documentation is sent to you".

 

I guess I just send a copy of this to the court and advise them that I will let them know when the documentation has been received. It's then 14 days from then?

 

Need to send Monday to be sure it's on time.

[Ironroadman]

Just wondered if there is any time limit as to how long a claimant can put a hold on a claim after it has been issued?

[Ironroadman]

Just wondered if there is any time limit as to how long a claimant can put a hold on a claim after it has been issued?

 

Anybody know please?

[citizenB]

Just wondered if there is any time limit as to how long a claimant can put a hold on a claim after it has been issued?

 

The claimant and defendant can agree up to 28 days extra by way of CPR15.5 . If further time is required then application would need to be made to the court which would cost the side making the application - £40.00 without a hearing - £80.00 with a hearing.

 

Have you sent that response regarding the extension of time, to the court yet ? Because, they are supposed to give you a DATE.. not simply say,

 

RE: Extension of time.

 

"We can agree to an extension of time as requested. We will agree to allow you an extra 14 days to respond to the claim form, from the date the documentation is sent to you".

 

 

Think about it.. under CPR15.5 only 28 days can be agreed between the parties ! They could not send the documents for months !!

 

I will ask andyorch what you need to be doing here.

[citizenB]

I would suggest you telephone the court and just ask them.. "what is the status of the claim please".

[Ironroadman]

The claimant and defendant can agree up to 28 days extra by way of CPR15.5 . If further time is required then application would need to be made to the court which would cost the side making the application - £40.00 without a hearing - £80.00 with a hearing.

 

Have you sent that response regarding the extension of time, to the court yet ? Because, they are supposed to give you a DATE.. not simply say,

 

 

 

Think about it.. under CPR15.5 only 28 days can be agreed between the parties ! They could not send the documents for months !!

 

I will ask andyorch what you need to be doing here.

 

Thanks CB. Yes I sent a copy to the court of the letter they sent me, I also requested them to make a note on the records that to date I had not received anything from them. I notice on the MCOL record there is no mention of this. I sent the letter Royal Mail signed for but it only says letter is in system.

 

IRM

[citizenB]

So long as no attempts have been made to obtain a default judgment..

 

I have left a message for andyorch to look in on you to advise further.

[citizenB]

IRM,

 

I was concerned at their response to your CPR15.5 request and I have been advised that you should either contact them to agree a "proper date" - or submit a defence based on what you have.

 

 

 

Its irrelevant really because 14 days start from when? They must either agree a new submission date IE up to an extra 28 days or he must submit on time.

 

 

Normally when you get that response its open ended because they dont know when or even if they can provide any documentation...I would just submit on time.

 

 

 

Well they wont request judgment yet in view of their open ended response of 14 days...he should submit now.

[Ironroadman]

IRM,

 

I was concerned at their response to your CPR15.5 request and I have been advised that you should either contact them to agree a "proper date" - or submit a defence based on what you have.

 

OK thanks CB. I am not sure now what the timescale is for submitting my defence, or whether that has now past?

 

Perhaps I ought to ring the court and ask them to clarify the position, and then submit a defence anyway.

 

IRM

[Ironroadman]

OK thanks CB. I am not sure now what the timescale is for submitting my defence, or whether that has now past?

 

Perhaps I ought to ring the court and ask them to clarify the position, and then submit a defence anyway.

 

IRM

 

Rang the court today and they advised me submit my defence.

IRM

[citizenB]

Righto, I have left a message for andyorch.. I think your defence should have been in on the 25th. I will just have a read back over your thread to see if that is so.

[citizenB]

The particulars of claim read as follows:

 

The claimant claims the sum of 5232.23 for debt and interest.

 

on 26/08/02 the defendant entered into an agreement with MBNA for a credit card under reference xxxxxxxxxxxxxxxx.

 

On 31/08/12 the defendant defaulted on the agreement with an outstanding balance of 4,873.34.

 

On 24/10/12 the debt of 4,873.34 was assigned to Aktiv Kapital portfolio As Oslo Zug Branch.

 

Notice of assignment was sent to the defendant in accordance with s136 Law of Property act 1925.

 

And the claimant claims

 

1. The sum of 4,873.34

2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum

from 24/10/12 to 25/9/13 358.89, & thereafter at a daily rate of 1.07 until judgement or sooner payment.

 

Ok, your timeline is as follows..

 

Issue date 26th September + 5 days for service = 1st October + 14 days to acknowledge the claim = 15 October + 14 days to submit a defence it that is your intention. So you have until 29 October to do this so there is no immediate hurry.

 

You should wait on receiving a response from the CPR 31.14 before submitting a defence. So make sure that you acknowledge the claim in order to obtain the extra days.

 

Ok.. you should have submitted by 29th October, but relied on their incomplete response to the CPR 15.5 request.

 

I see you have advised that no contact was received from the Claimant until they issued the claim.

 

So you have not received a Notice of Assignment. You have PPI that you believe was mis sold - I am not sure if that will be of any value to your defence - have you made any attempt to reclaim the PPI ?

 

Did you receive Default Notice from the original Creditor

Have you been receiving Notice of Arrears from either the original Creditor or the claimant ?

[Ironroadman]

Ok.. you should have submitted by 29th October, but relied on their incomplete response to the CPR 15.5 request. Yes

 

I see you have advised that no contact was received from the Claimant until they issued the claim. Yes

 

So you have not received a Notice of Assignment. No nothing at all. You have PPI that you believe was mis sold - I am not sure if that will be of any value to your defence - have you made any attempt to reclaim the PPI ? No, but it was mis sold

 

Did you receive Default Notice from the original CreditorNo

Have you been receiving Notice of Arrears from either the original Creditor or the claimant ?

No, nothing at all.

 

IRM