MCE Portfolio/Optima Legal/MBNA

[azureblue]

Received a court claim on the 17th April 2015.

Claimant: MCE Portfolio Ltd

Solicitor: Optima Legal Services

Original Creditor: MBNA

Claim Amount: £2600

Particulars of claim

“The Claimant’s claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974 whereby MBNA – CREDIT CARD ‘Original Creditor’ provided the defendant with a credit card. In return the defendant agreed to pay at least the minimum payment given in the statement. A default notice was served on the defendant which has expired and upon which the defendant has failed to comply with. A Notice of Assignment has been sent to the defendant notifying them that this debt has been assigned to the Claimant. The Claimant therefore claims the sum of £2600 plus costs. The claimant has complied with sections III and IV of the practice direction on Pre-Action Contuct.”

AOS filed online on the 1st May

CCA & CPR31.14 sent by recorded mail on the 5th May

Received reply from Optima dated the 14th May

“We refer to the above matter and your letter dated 05 May 2015, the contents of which have been noted.

Please note we have requested the required documents from our client and will forward these to you in due course.

We agree to an extension of 14 days from the date the documents are sent to you, to enable you to file your defence.

We trust this is in order.

Yours faithfully

Optima Legal”

Sent email to court office:

“Re Claim No. XXXXXXXX.

I wish to confirm that an agreement has been made between myself XXXXXXXX (The Defendant) and Optima Legal(The Claimants Representative) to extend the time for me to file my defence.

Please refer to the attached documentation relating to this matter.

Kind Regards XXXXXXX”

Reply from Court Office

“Good afternoon, Thank you for your email.

This has been noted on the court file.

I hope this assists you with your query,

If you should require any further assistance then please do not hesitate to contact us.

Regards”

 

 

I am not sure what I should do now, can anyone help me with this?

[Bazooka Boo]

When did you take the card out?

 

Have you reclaimed any PPI or charges?

[azureblue]

No ppi ever claimed.

 

At a guess I would say 15+ Years Ago.

[Bazooka Boo]

So the 14 day stay is for them to get the CCA, yes?

[azureblue]

yes, thats what they "offered" in their letter.

 

"We agree to an extension of 14 days from the date the documents are sent to you"

Edited June 15, 2015 by azureblue

[Bazooka Boo]

I'll be stunned if they can source the original after all this time!

[azureblue]

Thats the way I feel also. As it stands were are at a stalemate with me being given 14 days to respond if the can produce anything.

Do you think its likely just to fizzle out?

Should I just sit tight and do nothing? Or should I be doing something to knock this on the head?

[Bazooka Boo]

TBH, this could have been knocked out of the water a long time ago, how long have they been chasing this for?

 

Actually, when did you last pay anything toward this?

[azureblue]

Last payment was approx 3 - 4 years ago. Account defaulted approx 2009, its has dropped of my credit file so its over 6 years since default. Its been passed around a few DCA since the original creditor gave up.

[Bazooka Boo]

Did you ever request the CCA previously?

[azureblue]

No.

 

I know I have probably gone about this all wrong but I have only just learned to stand up to these people recently.

[dx100uk]

Why did you agree to the ext?

 

Only gives them more time to magic up paperwork

You should have filed the holding/no paperwork def

 

DX

[azureblue]

I didnt agree it with them they offered it in their letter. I though I was doing the right thing by forwarding to the court for file.

 

Can I not just file my defence you mention anyway. I am sure the wouldnt think twice about doing that to me!

[dx100uk]

Yxep

Plenty of examples here

 

Post it up first mind here

 

However they still have the 14 days

 

When's the deadline?

 

DX

[azureblue]

Deadline for cca? expired (my letter dated 5th May)

14 days is an extension for me to file a defence once they produce their paperwork.

[azureblue]

Is this suitable?

 

POC:

 

 

Particulars of claim

1.The Claimant’s claim is in respect of a credit agreement regulated by the consumer credit Act 1974

whereby MBNA – CREDIT CARD ‘Original Creditor’ provided the defendant with a credit card.

In return the defendant agreed to pay at least the minimum payment given in the statement.

 

2. A default notice was served on the defendant which has expired and upon which the defendant has failed to comply with.

 

3. A Notice of Assignment has been sent to the defendant notifying them that this debt has been assigned to the Claimant.

 

The Claimant therefore claims the sum of £2600 plus costs.The claimant has complied with sections III and IV of the practice direction on Pre-Action Conduct

 

 

 

Defence:

 

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.

 

 

1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request.

 

2. Paragraph 2

 

3. Paragraph 3

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

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

 

4. 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.

 

5. On the 5th May 2015 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim.

 

6. 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.

Edited June 16, 2015 by Andyorch
amended

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?446130-Cabot-Optima-Claimform-Vanquis-Credit-Card-debt&highlight=optima+legal

 

 

post 14

 

 

where's the rest of their POC?

 

 

dx

[azureblue]

This is the full POC

 

1.The Claimant’s claim is in respect of a credit agreement regulated by the consumer credit Act 1974

whereby MBNA – CREDIT CARD ‘Original Creditor’ provided the defendant with a credit card.

In return the defendant agreed to pay at least the minimum payment given in the statement.

 

2. A default notice was served on the defendant which has expired and upon which the defendant has failed to comply with.

 

3.A Notice of Assignment has been sent to the defendant notifying them that this debt has been assigned to the Claimant.

 

4.The Claimant therefore claims the sum of £2600 plus costs.

The claimant has complied with sections III and IV of the practice direction on Pre-Action Conduct

[dx100uk]

prob best to just let it sit

until they comply

p'haps andy might pop in.

 

 

that defance and the linked one

will need adaption

but hold fire

till advised otherwise

 

 

dx

[azureblue]

OK, thanks for your help with this.

[AndyOrch]

Defence is fine once you finish 2 & 3 above azureblue ...

 

Regards

 

Andy

[azureblue]

2. A default notice was served on the defendant which has expired and upon which the defendant has failed to comply with.

 

3. A Notice of Assignment has been sent to the defendant notifying them that this debt has been assigned to the Claimant.

 

I am not sure how to reply to this as I dont recall having received either of these.

[dx100uk]

did you receive either of them?

 

 

dx

[azureblue]

I dont know, I am currently going through a box of paperwork that spans 6+ Years. If I received it will be here. I will let you know.

[AndyOrch]

If you dont recall or unsure...then state so....anything you do not deny to will be accepted as an admittance by the court.