Shoosmith MBNA County Court Claim Form

[Northernpug]

Received a County Court Claim Form for an MBNA debt. Just need to get straight on how to deal with this.

 

1) I need to return the "Response Pack" saying I intend to defend all of this claim which will give me 28 days to prepare my defence.

 

2) Send a CPR 31.14 request (thinking of basing one on the request in this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?369149-Arrow-Global-MBNA-Shoosmiths-Claim-Form-arrived..) to Shoesmiths together with a S78 CCA request to Shoesmiths

 

Should I send a SAR to MBNA too?

 

Card was originally taken out around 1993 so I believe they may not have an enforceable agreement. I also believe MBNA's default notices were defective. I'm pretty sure that they added PPI without asking me and there may be default charges.

 

Debt is 5 years old so not statute barred yet.

Edited January 20, 2014 by Northernpug
Spelling mistake

[silverfox1961]

Hi,

I will move this thread to the legal issues forum where you will get better help than here.

[AndyOrch]

Received a County Court Claim Form for an MBNA debt. Just need to get straight on how to deal with this.

 

1) I need to return the "Response Pack" saying I intend to defend all of this claim which will give me 28 days to prepare my defence.Why not register for MCOL and do it on line ?

 

2) Send a CPR 31.14 request (thinking of basing one on the request in this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?369149-Arrow-Global-MBNA-Shoosmiths-Claim-Form-arrived..) to Shoesmiths together with a S78 CCA request to Shoesmiths.

Depends on what the particulars state...type them out verbatim less any identifiable data...round up the amounts and state the date of issue

 

Should I send a SAR to MBNA too? You can but it may take 40 days...way past your defence deadline

 

Card was originally taken out around 1993 so I believe they may not have an enforceable agreement. I also believe MBNA's default notices were defective. I'm pretty sure that they added PPI without asking me and there may be default charges.

 

Debt is 5 years old so not statute barred yet.

 

 

Regards

 

Andy

[Northernpug]

Thank you silverfox for moving it and to Andyorch for reply.

 

Particulars are the same as the case I linked to viz:

 

1.The claimants claim is for the sum of 20000 being monies due from the defendant to the claimant under a regulated agreement between the defendant and MBNA Europe bank limited (No.xxxx) and assigned to the claimant on 20/12/2011, notice of which has been provided to the defendant.

2.The defendant has failed to make payment i(sic) accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.

3.The claimant claims the sum of 20,000

4.C has complied, as far as necessary, with the pre-action conduct practice direction.

Number

 

Issue date was 9th January but was away from home last week so got it yesterday (Sunday).

Edited January 20, 2014 by Andyorch
Hi lite required documents.

[AndyOrch]

In red above are what you require by way of a CPR 31.14 request.

 

Regards

 

Andy

[fkofilee]

Geez 20k?

 

Why do you believe the default notice was defective? Etc..

I would agree with Andy here...

[Northernpug]

Geez 20k?

 

Why do you believe the default notice was defective? Etc..

I would agree with Andy here...

 

Because

1) all the default notices issued within a certain period by MBNA were defective

2) MBNA have said that they don't keep archives of anything over 6 years old so chances of having a copy of the original agreement are slim.

 

Thats not my total defence though, hopefully just part of it. Will have to see what they produce.

 

Harrison v Link Financial has some relevance but whatever happens I ain't going down without a fight. Already had some Court experience so I'm not afraid to stand up in front of a judge and put across my case

[Northernpug]

Its been over 12 months since I submitted my defence. Received a letter from the court giving claimant 28 days to supply requsted documents else case would be stayed. Nothing received so it was stayed. Not even a reply to CCA request. If it wasn't for the claim, this would now be Statute Barred so any advice on whether I should apply for the claim to be struck out or let sleeping dogs lie? my thoughts for reason for strike out - unable to produce any documents mentioned in the POC including a CCA and/or abuse of process by issuing a claim with no intention of taking it further to prevent the claim becoming statute barred viz Barton Henderson Rasen v Merrett [1993]

[AndyOrch]

Its your choice NP ......N244 fee is £155...relevant CPR you wish to rely on .....

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03/pd_part03a#2.1

 

Case you wish to rely upon....

 

Barton Henderson Rasen v Merrett [1993] 1 Lloyd’s Rep 540 Saville J said that it is an abuse of the court’s process to issue proceedings with no intention of taking the case any further. In

contentious matters the courts exist for the purpose of determining claims. Therefore, starting a claim with no intention of pursuing it is not using the court’s processes for the purposes

for which they were designed. ‘Parking’ proceedings in an attempt to achieve a settlement with other defendants justified striking out with indemnity costs in Sodeca SA v NE Investments

Inc. [2002] EWHC 1700 (QB), LTL 27/8/2002.

[Northernpug]

Thanks Andy. I'll have a think about it. This is the only loose end left and in a way I'd be happier if it was finalised and closed. On the other hand, if they were going to do anything then they would of done it by now, they would have to have a good reason for the delay if they wanted to get the stay lifted and as the account was opened in 1993, chances of them being able to get a copy of an original CCA let alone a compliant one I think are slim.

[AndyOrch]

So do you wish to resurrect it or leave it stayed...I suppose what you consider more important...that it becomes statute barred or whether to let the claim/debt become dormant?