AK/Judge & Priestley - claimform - old MBNA card 'debt'

[dx100uk]

ah yes the PRA[tts] group.

 

 

A. Kleeners was funny

[dx100uk]

so 4pm Friday

 

 

if they've send no docs

then have a nose around for the holding/no paperwork defence

 

 

its basis is around in many threads in the forum you are in

 

 

and in

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

but please adapt it to the points in YOUR PoC

 

 

and post it here first

 

 

then we'll help.

 

 

dx

[out_of_the_red]

Ok so just gone over some threads.

 

Can I check I have my dates correct:

Date of issue 20.10.2014

+ 19 days ( 5 day for service + 14 days to acknowledge)

= 08.11.2014

+ 14 days to submit defence

= 22.11.2014 (33 days in total).

 

 

The 22nd is Saturday

so can I file the defence then or should it be tomorrow as I filed my acknowledgement at around 5pm on the 7th.

I also heard nothing from the court confirming I'd acknowledged it,

is this normal?

 

Also the letter I posted above only mentions the date on my CCA request,

7th November, but not the date they received it. If they are going by the 7th

does this mean they have until tomorrow to send me the CCA request back?

I have also received no response of any kind to the CPR request to the solicitors.

Should I request again?

 

Now what I'm unsure of is whether I go ahead and file my defence using the POC or go for the holding no paperwork defence...or are they one and the same?

 

Is this the correct POC?

 

Particulars of Claim

 

1The claimant claims payment of overdue balances (set out below) which the defendant has failed to pay as required under contracts with the following particulars Acc no.XXXXXX and ACC..XXXXXXX between the defendant and (credit card company) and (Credit card company) dated on or about 16/08/1999 and 12/05/2010 respectively.

 

2.The contracts were assigned to the claimant on 28/01/2004 and 11/07/2012 respectively.

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied with regards to an amount due under an agreement (s). The Claimant/Solicitor has refused to disclose any agreement/s or statements on which its claim relies upon.

 

3. I am unaware of any legal assignment/s the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

 

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on the xxxxxxxx .To date I have had no response.

 

On receipt of this claim I requested information pertaining to this claim by way of a Section 78 request/s.I have yet to receive a response complying with the request. To date they have failed to comply and remain in default.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement(s); and

 

(b) Show and disclose how the Claimant has reached the amount(s) claimed for;

 

© Show how the agreement(s) were breached/ terminated to allow the claimant relief.

 

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, as 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 crediticon Act 1974.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

[dx100uk]

for the minute

go up on mcol and check the status of the claim

 

 

looking at the rest now

 

 

dx

[dx100uk]

you need to file by 4pm today friday

else it will be deemed monday when they see it

1 day late.

............................

defence appears ok

 

 

let andyorch confirm before filing if he is around before 4pm.

[out_of_the_red]

Just logged into MCOL and all it states is

 

A claim was issued against you on 20/10/2014

 

 

Your acknowledgment of service was submitted on 07/11/2014 at 17:59:57

 

 

Your acknowledgment of service was received on 10/11/2014 at 01:00:39

[AndyOrch]

I thought this was their particulars in your post#108....

 

 

 

The claimant claims the sum of 13,000 for debt and interest.

 

1.On 30.09.1997 the defendant entered into an agreement with MBNA for a credit card under reference XXX.

2.On 31.08.2009 the defendant defaulted on the agreement with an outstanding balance of 11,000.

3.On 24.09.2009 the debt of 11,000 was assigned to Varde Investments (Ireland) Ltd, who itself assigned the debt to Aktiv Kapital Portfolio AS Zug Brand on 03.03.2012.

 

4.Notices of assignment were sent to the defendant in accordance with s136 Law of Property Act 1925.

 

And the claimant claims

1. The sum of 11,000

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

from 3.3.12 to 17.10.14 2,300 and thereafter at a daily rate of 2.41 until judgement or sooner payment

[out_of_the_red]

Yes that's correct. I took the POC up there as a guide if I was using the right thing.

 

 

Would you mind helping me with the changes I need to make to my defence?

 

 

Also do I need to attach anything when I file my defence or will it be a simple copy and paste into the MCOL website?

 

Sorry for sounding stupid!!

 

Could someone possibly help as my deadline is 4pm today

 

Hi could someone check this is correct?

 

 

Particulars of Claim

 

 

The claimantclaims the sum of 13,xxx for debt and interest.

 

1. On xx.09.1997 the defendant entered into an agreement with MBNA for a credit card under reference4129xxx.

2. On xx.08.2009 the defendant defaulted on the agreement with an outstandingbalance of 10,xxx.

3. On xx.09.2009 the debt of 10,xxx was assigned to Varde Investments(Ireland) Ltd, who itself assigned the debt to Aktiv Kapital Portfolio AS ZugBrand on xx.03.2012.

4. Notices of assignment were sent to the defendant in accordance with s136 Lawof Property Act 1925.

 

And the claimant claims

1. The sum of 10,xxx

2. Staututory interest pursuant to Section 69 of the County Courts Act 1984 ata rate of 8.00% per annum from 3.3.12 to 17.10.14 2,309.58 and thereafter at adaily rate of 2.41 until judgement or sooner payment

 

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and genericin nature. The Defendant accordingly sets out its case below and relies on CPRr 16.5 (3) in relation to any particular allegation to which a specificresponse has not been made.

 

2. Paragraph 1 is denied with regards to an amount due under an agreement (s).The Claimant/Solicitor has refused to disclose any agreement/s or statements onwhich its claim relies upon.

 

3. I am unaware of any legal assignment/s the claimant refers to within itsparticulars and deny the notice was served pursuant to the Law of Property Act1925.

 

On receipt of this claim I requested information pertaining to this claim byway of a CPR 31.14. To date I have yet to receive a compliant response. Thiswas posted on the 10.11.2014 .To date I have had no response.

 

On receipt of this claim I requested information pertaining to this claim byway of a Section 78 request/s.I have yet to receive a response complying withthe request. To date they have failed to comply and remain in default.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement(s); and

 

(b) Show and disclose how the Claimant has reached the amount(s) claimed for;

 

© Show how the agreement(s) were breached/ terminated to allow the claimantrelief.

 

(d) Show how the Claimant has the legal right, either under statute or equityto issue a claim;

 

4. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant provethe allegation that the money is owed.

 

5. On the alternative, as the Claimant is an assignee of a debt, it is deniedthat the Claimant has the right to lay a claim due to contraventions of Section136 of the Law of Property Act and Section 82A of the consumer crediticon Act1974.

 

6. By reasons of the facts and matters set out above, it is denied that theClaimant is entitled to the relief claimed or any relief

 

 

Just logged into MCOL and dropped the above in if someone can confirm its ok to go

 

I moved forward through the defence and it says do I wish to counter claim, as I don't know what that means I'm guessing I should say no?

[dx100uk]

correct

 

 

dx

[out_of_the_red]

Hi all,

 

Thank you for all your help so far

 

I came back from holiday to a letter from the court dated 24th November confirming what I had filed on MCOL

and advising the debt collector/solicitor had 28 days to respond and if they did not the claim would be stayed.

 

 

I then received another letter from the solicitors dated 4th December advising they still wished to continue with their claim

and would be moving it to my local court.

 

 

Just to highlight I have still not received a copy of the CCA or CPR so both are now well overdue.

 

 

To date I've heard nothing from the local court but

 

 

received the below letter yesterday.

 

 

Could anyone advise on this please?

[AndyOrch]

Simply complete and return the DQ by the date stated...yes to mediation the rest is self explanatory.

 

Andy

[out_of_the_red]

Hi,

 

One of the questions is if I agree that small claims is the appropriate track but then says its the best option for under £10k which my debt is not. Do I still agree to this?

 

I'm guessing I also don't need the expert evidence either?

 

TIA!

[out_of_the_red]

Sorry and also should I be saying I will be a witness? I really don't fancy going to court....

[AndyOrch]

Yes just because it exceeds the 10K threshold...it can still be placed in the small claims track on a simple claim....better for you ...less risk.

No expert witness.Yes you are the witness so 1.........the only way to defend a claim is to attend court...if it gets that far.

 

Andy

[out_of_the_red]

Thanks so much for your help Andy

 

Sorry one more question, the notice of proposed allocation says I need to serve copies on all other parties. Does this mean I need to send to the solicitors and debt collectors too? I'm loathed to send them anything with my signature on...

[AndyOrch]

No just the solicitor named on the claim form.

[out_of_the_red]

Hi everyone,

 

Happy New Year to you all

 

I received a letter from Judge & Priestley enclosing a copy of the directions questionnaire. Is this anything I should act on? It doesn't appear so

 

I did note that they have ticked yes in the box which states "Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage?"

 

They have also asked for a one month stay.

 

Since receiving this letter I have heard nothing more from them. When is the cut off for them to take further steps? The letter is dated 22.12.2014

[AndyOrch]

Next unless already received is the Notice of Allocation from the court...this will provide the directions and dates of what you must comply with and when.

 

Andy

[out_of_the_red]

Hi,

 

I received received the attached order for stay of settlement which states the court wants a response by 04.02.2015. I have heard nothing from the solicitors and am unsure if I should be filing something by this date too

[AndyOrch]

Standard response when both parties have opted for mediation...you will have to file a further DQ if mediation fails by the 4th Feb.

[out_of_the_red]

So does this mean I should be contacting them with something between now and the 4th? As I say I've heard nothing from them and am unsure what I'm supposed to be doing right now

 

And if I get nothing from them by the 4th I file the DQ again and this will make them do what?

[AndyOrch]

Yes or they you...but they rarely ever do make the first move.Refilling a further DQ simply informs the court that both parties have failed to settle and that the claim is to proceed to allocation.You will then be told the directions and dates of how it will proceed.

 

Regards

 

Andy

[out_of_the_red]

Well I've still heard nothing

 

 

I'm not even sure what I should contact them with or if I should bother to contact them.

I'm not really interested in negotiating and I guess they aren't either...

 

There was no DQ in the envelope from the court, is this the same as the one I filed online previously?

 

Is the lack of response any indication of what their next move may be?

[out_of_the_red]

Hi, could anyone help with this? Thanks

[out_of_the_red]

Hi could anyone advise? I have to submit by the 4th