MCE Claimform - Old MBNA Card 'debt'***Claim Discontinued***

[pbaron]

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;

 

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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

 

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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

[citizenB]

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.

[pbaron]

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

[citizenB]

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.

[pbaron]

thanks for the help will give it a go and post up some pdfs

[pbaron]

then again this is my 20th post so i should be ok posting the pictures up

[pbaron]

 

 

 

 

[Tingy]

Does your CCA contain the PT's and the T&C's as they were then and as they are now? If not then they have not yet fully complied with your request which obviously they need to do.

[pbaron]

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

[victoria_siempre]

Hi pharon

 

The point is, do they have the original agreement and T&Cs; CCA them.

 

Their reply indicates the dangers of template complaints as discussed in Tingy's nearby threads. And read other threads.

 

x

 

v

[pbaron]

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

 

 

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

[AndyOrch]

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

[pbaron]

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

[AndyOrch]

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

[pbaron]

Thank you very much for your help i appreciate it

[AndyOrch]

Post your intended draft here first before submitting.

[pbaron]

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.

[AndyOrch]

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

[pbaron]

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

[AndyOrch]

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.

[pbaron]

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

[AndyOrch]

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

[pbaron]

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

[AndyOrch]

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.

[pbaron]

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