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    • we need the exact particulars of claim, not what you have put please.  
    • Thank you everyone for your quick responses I just wish I posted here in the first place    I probably shouldn't have filled in the claim form however on the letter it said I had limited time to do so and because I was dealing with CST law trying to come to an agreement with paying off the debt I didn't think it would get to this point and now I have probably made my situation worst. Of course, I would have posted here first before sending it off had I not been in communication with CST to set up an agreement.    I sent the letter back to the court as some point in early August, the issue date on the claim form is 28th July and the most recent letter I have received 'Notice of fast track' is dated 18th November    If I am honest I can't fully remember what I wrote word for word in my defence, it would have been along the lines of why I left, my reasons and the fact I returned to my old career in an office plus taking a pay cut to do so. There wasn't much room to write a long winded defence so I kept it relativity short.   The above document Andy has posted is the exact document I am now looking at very confused in what exactly I put where    I just want to re-iterate I never agreed with this money I owe due to the training bond but it has gone on for so long at this point I'm happy to set up a payment plan if the balance can get reduced or a small one off payment upfront and this is exactly what I was trying to do prior to receiving the most recent letter    I have had zero communication from CST law, Centrica advised me to deal with them directly and I was waiting for a response from CST with the offer we had put across to Centrica - I chased it multiple times the following weeks and they kept telling me they haven't had a response and when they do we'll contact you which they still have not   Ideally I would rather not give them any money however I feel like I am out of options at what I probably should have done years ago is attempt to get it reduced and set up a payment plan    Please let me know if I have missed any critical info out    Thanks again for everyones help    What is the claim for – the reason they have issued the claim? I left a British Gas apprenticeship within the first 12 months of starting and went back to my old career in an office , my reasons for leaving were down to the completely differant job role which I realised quikcly was not for me and it was impacting my mental health massively. The claim is for a training bond which was in a contract I signed based on a sliding scale Year 1 - £9,000 year 2 £6,000 year 3 £3,000     What is the total value of the claim? £13433    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No  Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Training bond due to leaving an apprenticeship before 3 years    When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? They have sent me a virtually signed document with the contract   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Centrica are claimant, CST law are dealing and the court   Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so yes   Did you receive a Default Notice from the original creditor? I have had multiple letters like everyone else who has been on the forum over the years regarding this matter   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I am unsure, but when I left I had contested the original claim as I was dealing directly with Centrica’s collection team and they never got back to me after the final email I had sent and didn’t hear anything until years down the line   Why did you cease payments? N/A   What was the date of your last payment? N/A   Was there a dispute with the original creditor that remains unresolved? Correct I oringinally contested what was owed back in 2017 and gave my reasons for leaving and I assumed the matter was closed   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
    • OK thanks again Andy.   And understood 👍😉
    • Thank you for this. The first thing to be say is that this means that you are winning. It is pretty well unheard of in my experience for the bank to give way and finally return the money. The fact that they have done this under the threat of a judgement for breach of statutory duty indicates even more that they are worried about their position. Nowhere have they indicated that they have complied with the requirements of the Proceeds of Crime Act and informed the National crime agency. I don't believe they have and this is a very serious breach of statutory duty. Not only that it is a very serious breach of the FCA BCOBS regulations in that they are required to treat you fairly. Treating you fairly in this case means that they must comply with the rest of their statutory duties. It appears that they really haven't done this at all and that they have acted in an arbitrary way in disregard of the law and that they are hoping to get away with it. I find myself wondering how many other hundreds of people have been treated in exactly the same way – and you are probably the first ever to have stood up to them and to get them worried. I think I've already indicated that a press contact of mine in the Sunday Times would be very interested in this story. He has already run stories about the very poor standards applied by banks when deciding that their customers are involved in some fraudulent behaviour. The first thing to say about the letter which you have received is that they are trying to apply conditions to releasing your own money. It's your money and there should be no conditions and my suggestion is that you object to this. Secondly, not only are they threatening to continue to withhold your own money – but also they are saying that if they release it to you you will simply have the net figure without any kind of interest or compensation. It's clear that while they have had your money, they have invested it and earn money on it. They have probably been lending it out at between 16% and 20% and although the usual rate of interest is 8%, it seems to me that justice can only be served by repaying you your money plus the commercial rate of interest – at a compound rate. Normally the 8% is calculated at simple. Thirdly, they are not offering to pay you any compensation and clearly they are hoping to get away with it without any kind of sanction or not even a slap on the wrist.   Fourthly, they had the nerve to impose a seven day deadline. Don't worry about their deadline. It's a load of huff and puff. This is all part of their bluff game designed to intimidate you. At the end of seven days – what? Are they then going to insist on going to court?   If they really believe that they had done everything correctly and that the money was fraudulent, then they would not offer it to you back under any circumstances. It would be illegal for them to do so. You can be certain that these people do not want to go to court. In fact they probably wish they had never started.   Finally, they want the matter to be kept confidential – and I can't say I blame them. I would be ashamed if people knew that I had treated somebody else in this way and I'm sure they are worried about reputational damage. I'm also sure that there are extremely worried about what will happen if you get a judgement against them for breach of statutory duty. It will have to be reported to the FCA. It will have to be reported to the NCA. And of course it should be reported to the newspapers because people need to know what is going on. If you want, you can simply accept their proposal – get your money back, given confidentiality – and that's the end of the matter. However, you have no idea how this will impact on your record in the future. I imagine that they will bar you from ever opening an account with them again. – But at least you will have your money and you can get on with your life. However, if you want you can stand your ground and make it clear to them that you are going to be mucked around and treated like this and that you are prepared to go to court if they won't make a proper offer. I understand that you need to pay a court fee of about £350 in the next seven days. I expect that the bank is making this offer now hoping to dissuade you from spending any more money and hoping that you will back down. If you have the money to proceed then I would suggest very strongly that it will be a very serious sign of strength that you tell the bank that you're not interested in that you are paying the fee for the next stage of the court process. If the bank knows that you've called their bluff on this and that you have been prepared to invest further money in moving this legal action forward, then they will start to reflect and I can perfectly well imagine that they will make you another more interesting offer – once again on conditions of confidentiality. Without seeing any further offer, I'm already suggesting that you will probably be best off turning it down. In any event, I would remind you going back several months that I already predicted that the bank would make you confidential offer – and that has happened. I'm not saying that I'm always going to be right here – but I think that now basically the bank have pretty well admitted that they need to pay you your money, there is no chance of you losing it. You will get your money and it really is just a question of how much else you will get in addition. If you'd like to continue then let me know and I will suggest a draft response to them.
    • The cost of living in Britain over a person's lifetime is over £1.5m, new findings have claimed as the nation feels the squeeze amid soaring energy costs and dismal interest rates on cash savings.View the full article
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MCE Claimform - Old MBNA Card 'debt'***Claim Discontinued***


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I owe money to several creditors to which i make regular payments to when they have confirmed they owe the debt etc etc and i know who im paying is correct, but im having problems with MBNA/Connaught/1st credit ....The steps i have taken are below and can anyone confirm the next step for me please;

 

-----------------------------------------------------------------------------------------------------------------------------------------------------------------

 

03 April 2010 - Sent CCA Request/Do not acknoweldge debt

 

 

24 May 2010 - Statutory Demand Issued

 

 

25 May 2010 - Sent 2nd request as above

 

 

28 May 2010 - Letter received confirming my request for CCA on the 25th May 2010 saying take longer than 12 days

 

 

22 June 2010 - Statutory Demand Set Aside Confirmed due to no cca provided

 

 

30 June 2010 - Sent template letter saying "Account in Dispute"

 

 

05 July 2010 - Letter received confirming my 2nd letter and that they are yet to supply information and saying not valid request as falls under Schedule 2 section 2(a) of this Act, or grounds upon i rely on the notice

 

 

20 December 2010 - Documents received from Connaught and requesting payment in 7 days. Faint copy which says “Credit card agreement regulated by consumer credit act 1974” your lender is MBNA bank. Also copies of weekly statements 26th April 2006,20th April 2006,22nd March 2006. Also what looks like internal banking statements headed " A&L CONVSN REG MONEYBAC" showing transactions

 

 

04 January 2011 - Hassling for payment as saying paperwork sent

 

 

12 January 2011 - As above but saying any payment made will be doubled by them

 

 

Recent - Mackenzie Hall and J&P solicitors letters demanding payment in full

 

-------------------------------------------------------------------------------------------------------------------------------------------------

 

Can i have some guidance please in the next step for me, i realise they have took longer than allowed to provide documentation but i have left it longer than 6 months to complain but i just want to set up and agree payments i can afford if they are the right people to pay.

 

Thanks again

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Are these companies saying they have been assigned the account and are now the legal owners ?

 

Have you received a Notice of Assignment from anyone ?

 

Perhaps a letter along the following lines.

 

Dear Sir

 

Account ref.

 

You have been sending demands for payment for an account originally taken out with MBNA.

 

It is not my intention to avoid payment of genuinely owed debts, however, I have received no proof from either your selves or MBNA that this account has been legally assigned to you or that there is in fact a debt owed.

 

You will be aware that a Statutory Demand made by (NAME OF CLAIMANT ON SD) was set aside due to the fact the above information was not produced. There has been no documents provided since that establishes either a debt due or your right to collect.

 

If you continue to pursue for this account without providing the information requested, then I will be making a complaint to the OFT.

 

Yours etc..

 

Can you also please either scan in the letter they sent you on 5th July 2011 as I dont understand what either you or they are saying.

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Uploading documents to CAG ** Instructions **

 

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Dealing with Customer Service Departments? - read the CAG Guide first

 

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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cheers for help

 

I have had no Notice of assignment, just letters asking for payment as above

 

I have scanned in the document, plus some of the information received when i asked for the CCA then you can see what i mean but it wont let me post them up, need 20 posts so not sure what to do now

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Ok, can you convert them to pdf files ? If so, you should be able to attach them by using the

"manage attachment" link at the bottom of the reply box. You will need to go into the "Go advanced " instead of the post quick reply. The manage attachment link is a little way down under the reply box :)

 

If you are still having problems just yell.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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not sure how i can compare the two and check as i dont have the original documentation anymore.

 

is it best if i send my budget sheet and see if i can get accepted on a payment plan ? incase they have complied

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  • 4 years later...

Morning folks

 

Im trying to get my defence written to defend an attempt of a court claim from MCE. I have sent a CPR18 request and filed the acknowledgement of service but now need to get my defence across shortly. I have written the below which shows the correspondance of them never being able to prove owning the debt does it look ok to send i appreciate any help.

 

 

 

I (name) dispute any legal right for MCE Portfolio Ltd to attempt to recover the alleged debt they are seeking enforcement for as i have not received any proof that they are entitled to do so due to the reasons below.

 

Previous correspondence received on February 28th 2014 from Arden Credit Management who is a trading style of Moorgate Loan Servicing Ltd / Britannica Recoveries S.A.R.L / Mortlake Britannica Mortlake as stated on their correspondence (Sample correspondence attached and highlighted for clarity REFERENCE 1a and 1b showing links between companies) stating that they had instructed Mackenzie Hall Ltd to collect the alleged debt owed to their client Moorgate Servicing Ltd. (Copy letter attached REFERENCE 2) I disputed this debt as i have never received any proof that Moorgate Servicing Ltd owned the alleged debt.

 

Further correspondence was recieived on the 5th September 2014 again from Arden Credit Management (trading style of Moorgate Loan Servicing Ltd ) saying they had now instructed Robinson Way to recover the alleged debt (Copy letter attached REFERENCE 3). Again i disputed this debt and issued a CCA request to Robinson Way requesting their client supplies evidence of which they sent a return letter stating that “They cannot identify the account referred to and that the account is closed on their files” (Copy letter attached REFERENCE 4)

 

The alleged debt was then sold by Britannica Recoveries S.A.R.L (Arden/Moorgate) who has never issued requested evidence that they had a right to recover the alleged debt as per letter reference 4 to MFS/MCE Portfolio Ltd as per their letter sent 3rd December 2014 (Copy letter attached REFERENCE 5) and this is the company who are attempting to enforce judgement by claim number ???? I dispute this attempt at enforcement as MCE Portfolio Ltd have purchased an alleged debt from Britannica/Arden/Moorgate that was unforceable due to them being unable to prove ownership of the debt.

 

Since receiving the court forms i have issued a CPR18 request on the 12th June 2015 (Copy letter attached REFERENCE 6)asking their client to prove entitlement to the alleged debt which was acknowldedged by the clients Legal representitives Optima Legal stating they will forward relevant documentation once in receipt. (Copy letter attaced REFERENCE 7)Therefore i again dispute enforcement of the alleged debt until evidence is received giving the legal right to do so

 

 

 

 

ive seen a template on another forum after ive written the above so if what ive writted seems ok i will copy it across into the format as below

 

EXAMPLE DEFENCE

 

 

-----------------------------------------------------------------------------------------------

1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

 

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

 

3: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

 

4: [it is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

 

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

 

[5. The particulars of claim fail to state when the agreement was entered into.]

 

6. The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

 

7. It is denied that [Original Creditor] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

 

8: On the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the[Agreement, Default Notice and Notice of Assignment] .

 

9. [Claimant's Solicitor] has not sent any of these documents to me.

 

10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

 

[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.] or [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

 

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

 

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

 

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

 

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

 

Statement of Truth

 

The Defendant believes that the facts stated in this Defence are true.

 

 

 

Signed …………………………………………

 

Dated .................................................. ....

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If you could read and complete the following,posting your responses here.... so we have some history to work with .....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Regards

 

Andy

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Hi thanks for the reply, i have added the comments in red

 

 

Name of the Claimant ?

MCE Portfolio Ltd

 

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 8th June 2015

 

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

Claiments claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974 whereby (REF NUMBER)

Original creditor provided defendant with credit card. In return the defendant agreed to pay at least the minimum payment given in the last 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 £SUM plus costs. The complainant has complied with Sections III and IV of the Practice Direction on Pre-Action Conduct

 

 

What is the value of the claim?

£3349.77 plus Court Fee plus Solicitors Costs Total £3614.77

 

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account?

Credit Card (Ex MBNA)

 

 

When did you enter into the original agreement before or after 2007?

Before

 

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

Debt purchaser

 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Recevied a letter (Doesnt state notice of assingment) saying debt been purchased from the previous Debt company, note the previous company could not prove ownership of the debt

 

 

Did you receive a Default Notice from the original creditor?

Cant remember sorry

 

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No

 

 

Why did you cease payments?

Just trying to log onto my Noddle report to check but it was less than 6yrs ago

 

 

What was the date of your last payment?

Will check on my report when i can log on

 

 

Was there a dispute with the original creditor that remains unresolved?

Not sure. The debt was sold off to Arden

 

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

yes

 

 

 

If you have not already done so – send a CCA Requesticon to the claimant for a copy of your agreement

(except for Overdraft/ Mobile/Telephone accounts)

Sent to first company Arden/moorgate and got reply acknowleding they couldnt prove ownership of debt in 2014, the Court claimant MCE Portfolio purchased the debt from Arden/moorgate

 

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

Sent CPR18 requesting information and their legal reps confirmed they would send once in receipt

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Ok I would advise a further CCA request to the claimant and a CPR 31.14 the solicitor acting.....CPR 18 does not apply to small claims track.Get them done today and then take a look in the Financial Legal Success forum...this will give you an idea of how to draft a CPR compliant defence....see if you can find the same claimant particulars of claim....if possible.

 

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

 

Your defence is due Friday the 10th July by 4.00pm.

 

Regards

 

Andy

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Post your intended draft here first before submitting.

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This link has the same Particulars of Claim as mine and is the same companies except in item (1) his states "MBNA Credit card" as the original creditor mine states a number only, assuming an account ref from somewhere

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?447529-MCE-Portfolio-Optima-Legal-MBNA/page2&highlight=MCE+portfolio

 

 

Therefore would my defence look as follows; (Does item 6 refer to the date the CPR 31.14 is sent) and do i include any documentation i referred to in my first post ?

 

 

 

 

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

whereby (INSERT NUMBER) ‘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 £[iNSERT SUM] plus costs.

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

 

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. I have held an account with MBNA for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78.

 

2.Paragraph 2 is denied, I have not to my knowledge been served with a Default Notice pursuant to the consumer credit Act 1974.

 

3. I am unaware of any alleged assignment purported to the account [iNSERT NR REFERRED TO IN P.O.C] referred to nor ever served any Notice of Assignment pursuant to the Law and Property Act 1925.

 

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.

 

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

 

5. 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.

 

6. On the 2nd July 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.

 

7. 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.

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No point 6 refers to the CCA section 78 request....CPR 31.14 is covered in point 1.

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ok thanks, so it would be todays date as i will get the CCA request sent to the Claimant on the court form today.

 

Do i include any of the previous documentation ive received such as the CCA request to the company who MCE portfolio purchased the debt from ? as they acknowedged they couldnt obtain the information, and MCE portfolio have purchased the debt from them

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No dont go into detail at this stage.....keep it vague.....should they wish to proceed after consideration of the above...you will have opportunity to expand within your witness statement.

We could do with some help from you.

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Ok thanks once again for your help its appreciated.

 

I will feel better for a time once i've got the defence sent so may aswell get it sent off today too if its now ok

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They are your particulars I have hi lighted above and not from another defence?

We could do with some help from you.

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My Particulars are the same as what the chap had on the link in his defence... Except item 1 where his stated MBNA Card, mine just has a number however it was an MBNA card

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I think point 1 needs a tweak...that is not from any of my drafted defences and does not respond adequately to the claims point 1

 

Also they state " The claimant has complied with sections III and IV of the practice direction on Pre-Action Conduct " if they did not provide a LBA or contact you pre litigation then you need to address that also.

We could do with some help from you.

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Bit unsure of what to write as the P.o.c state a Reference number only, not MBNA who the debt was from originally.. Do i admit to the debt with MBNA as below

 

1. I have held an account with MBNA for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78.

 

 

Also Optima Legal/Marlin have sent letters intending action if a payment arrangement is agreed

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