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Mbna,hillesden,aplins court claim form - dodgy account numbers too


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Hi All

 

 

I will try and give a quick back ground of what has happened since 2009.

 

I got into money problems when my company went into liquidation in 2009.

 

I re mortgaged to offer F&F to all credit cards and bank loans through accountant

 

he managed to settle on all accounts except MBNA who never replied to his letters.

 

Since then

 

in 2013 I started getting the standard letters from DLC no telephone calls then

 

in December 2013 I got a letter from Aplins stating if payment was not made to DLC they would be apply to take me to court.

 

I got a court claim form in post dated 08/01/14.

 

the sum is for £3500 which I don't have,

 

why have they taken from 2009 to do this and

 

why did they not just answer accountants letters when the money was there.

 

Is there any good reason they have decided to do this now ?

 

My MBNA account was opened in 1995

 

now I have a court claim against me

 

is it to late to request if they have all the paper work

ie terms and conditions etc

 

I got a default notice dated September 2009

but credit card agreement was not the right number

 

I then got a letter nine days later saying my account has been sold to DLC but account number they gave was not the right number

it was even not the same number as default notice letter,

 

is there anything I can do ?

Edited by maroondevo52
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Hi,

 

I've moved this thread to the Financial Legal Issues Forum, hopefully you will get some help shortly.

 

Regards,

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Thought it maybe quicker just to type it up

 

 

the claimants claim is in respect of a credit facility xxxxxxxxxx provided by MBNA at the defendants request on xx/xx/1995. Failure to meet requests for payment resulted in the account being defaulted on xx/xx/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 xxxxxxx remains owning from the defendant

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Hi Ian.

 

When did you last make a payment if a DN was issued in Sept 09? Is the card personal or in your business name?

 

Regards

 

Andy

We could do with some help from you.

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Ok...you have 33 days ...5 deemed served so 28 remaining...14 to acknowledge service and if defending a further 14 to submit your defence.

 

Considering the age of the agreement I would request a copy of the agreement using a section 78 request.If they fail to respond within 12+2 days they are in default of the request and until such time they comply are unable to enforce in Court.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

You can also request copies of documents referred to in their particulars by way of a CPR request in particular the Notice of Assignment/Default Notice...they are not compelled to respond.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

Get the above off asap and send recorded delivery...retain proof of postage.

 

Regards

 

Andy

We could do with some help from you.

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Doubt they can respond on an agreement 18 years old:madgrin:

 

Then you can decide which way you wish to pursue this.

 

Regards

 

Andy

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If they dont respond it forms part of a defence...if they do respond with a reconstituted version they have complied but no use for enforcement purposes...they will need the original.

We could do with some help from you.

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Yes they can and have...now you are going to put them to strict proof and make them substantiate the claim with what it relies on.Your not debt avoiding just seeking clarification that all is complied with as per the Credit Consumer act 1974.

Subject to how they respond you may well accept the claim....but time will tell.

 

You have time as stated to decide how you are going to proceed.

We could do with some help from you.

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Include the fact within your defence when you submit it....assuming you are defending.

 

Andy

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You need to copy that to CCBC and inform them that pursuant to CPR 15.5 you have agreed an extended period for submitting your defence which will be xxxxxx 2014.

 

Regards

 

Andy

We could do with some help from you.

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Is credit card application form same as credit card agreement ?

 

Yes and no dependant on age and if it contains the prescribed terms....most creditors will say it is...most debtors say no it isnt:wink: If they are defending a claim:roll:

We could do with some help from you.

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Hi Andy thanks for your reply

 

 

Its a old BOS agreement that MBNA must of took over, no prescribed terms I cant even read the small print

 

 

To bring you up to speed as per post 1 before accountants took over I went to solicitors who sent cca request in jan 2009 and early march solicitors put account in dispute

 

 

two weeks after dispute letter MBNA sent a copy of application form from bank of Scotland, up to date statement and up to date T&C which are from MBNA not BOS.

 

 

I got all this information today from a telephone call I made to old solicitors who had archived a box of paper work.

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