Link/Kearns Claimform - MBNA Caredit Card 'debt' - prob sb'd?

[loci]

Can anyone help me with this.

 

I've received claim forms today about a debt from 2008.

 

It was an MBNA card that my ex husband run up and I'm going to be honest here, I've buried my head in the sand with a lot of it.

 

It's in my name so that's not really a defence. I know I should've sorted it ages ago as maybe I'd not be sat here now sick with worry.

 

Anyway, it says it's for £10,984

 

In the particulars of the claim it says the following: The claimant claims the whole of the outstanding balance due and payable under an agreement referenced opened effective from 11/08/1995. The agreement is regularted by CCA 1974 whch was signed by defendant and from which credit was extended to defendant.

 

It then goes on to say that I failed to make payment as required and by 31/5/08 a default was added and as of 19/8/08 I owed mbna £663749 (there's not . but I assume its supposed to be £6,637.49 otherwise I am in trouble!!)

 

It then goes on to say by an agreement in writing the benefit of the debt has been legally assigned to the claimed effective 19/06/08 and made regular upon the claimant service a notice of assignment on the defendant shortly thereafter.

 

And claimant claims 1. 673749 2. interest pursuant to section 69 county court act (1984( at a rate of 8% per annum from 19/6/2008 to 23/11/2015 of 377816 and thereafter at a daily rate of 140 to date of judgement or sooner.

 

--

So what do I do? Do I just send the court forms back and try to arrange a payment plan or is there anything I can do to reduce the interest? I'm so worried I'm going to lose my house over this.

 

Any help gratefully received

[SabreSheep]

HI

Please visit the link below and post the answers here

 

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

 

This will allow members to offer advice.

 

It will help to know when the last payment made to the debt was.

[loci]

Hi, I'm not sure when the last payment was but I think it was 2008

[SabreSheep]

It is vital you find out. If the last payment and written acknowledgement of the is over 6 years old (5 if base din Scotland) you have a cast iron Statute Barred defense.

 

You must be 110% when the last payment was made!!!

[loci]

How would I find that out? Would downloading my ccredit report help?

I'm pretty positive that no payment has been made since 2008

[Old Cogger]

You need to acknowledge this claim on line @ MCOL using the information on top of N1, you state you Intend to dispute the whole claim in the correct column!

[loci]

You need to acknowledge this claim on line @ MCOL using the information on top of N1, you state you Intend to dispute in the correct column!

 

ok i'll do that first! Thank you!!!!

[loci]

OK I've just filled in the claim form and stated that I'm defending the judgement...

So I have 28 days.

[dx100uk]

Did you do that online at the mcol website?

Defend all

 

No harm in you ringing MBNA and asking them

 

If its sb'd then you are home and dry

 

It's prob only a stupid debt buyer that's made the speculative claim anyway

Hoping for a non contested default judgement... You found cag!

 

Dx

[loci]

Did you do that online at the mcol website?

Defend all

 

No harm in you ringing MBNA and asking them

 

If its sb'd then you are home and dry

 

 

It's prob only a stupid debt buyer that's made the speculative claim anyway

Hoping for a non contested default judgement... You found cag!

 

Dx

hey, yes I did it online so I've all the information. If it is statute barred what do I do then? Thanking you

 

Ps yes very glad I've found you!! Time to get my finances in check I think!

[citizenB]

hey, yes I did it online so I've all the information. If it is statute barred what do I do then? Thanking you

 

Ps yes very glad I've found you!! Time to get my finances in check I think!

 

If the date they have entered on the claim form 19.08.2008 is correct, then I suspect this is likely to be statute barred. If it is, then there is a specific Statute barred defence we can provide you with.

 

Have you checked your credit files to see if the account is still being reported there? You should also be able to check what the original default date was - it should be on the credit history.

[dx100uk]

Sounds promising then

 

Can you get the link sheep posted done please next

 

Dx

[loci]

Hi

Sorry it's taken me so long! Yes it is correct...

[citizenB]

Can you please let us know the date of issue from the claim form. You will find that at the top right hand side of the form by the Claim Reference.

 

It is important that you provide this information so we can let you the date you need to submit your defence by.

 

The following is the defence you will be using as it seems pretty clear that the account is statue barred.

 

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

 

 

Just enter the date and amount of claim where I have highlighted in red. You submit this online - I think you are able to print off a receipt that you have submitted - if so, do this and keep it safe.

[martin2006]

Would you like to name the claimant?

 

It will help if others caggers receive similar claims as it can show a timeline of events

and how the claimants respond to shooting themselves in the foot.

 

IMHO they are trying to simply to obtain back door CCJ's

[dx100uk]

please fill this link out

 

the info required here is IMPORTANT to us..

 

http://www.consumeractiongroup.co.uk...ecember-2014**

[loci]

Would you like to name the claimant?

 

It will help if others caggers receive similar claims as it can show a timeline of events

and how the claimants respond to shooting themselves in the foot.

 

IMHO they are trying to simply to obtain back door CCJ's

 

Yeah sure, when I get back I'll get the letter out.

Thanks all for your help! REALLY appreciate it

[dx100uk]

you need to get CCA request and CPR 31:14 moving too

time is ticking.

 

or else 100% get this last payment date nailed down and file the SB defence.

 

dx

[loci]

Yeah sure, when I get back I'll get the letter out.

Thanks all for your help! REALLY appreciate it

 

The claimant is Kearns solicitors

[AndyOrch]

The claimant is Kearns solicitors

 

Sure that not the Solicitors representing ? Claimants box is above that one.

[loci]

Oh got you, ok it's LINK FINANCIAL

[AndyOrch]

please fill this link out

 

 

the info required here is IMPORTANT to us..

 

 

http://www.consumeractiongroup.co.uk...ecember-2014**

 

:wink:Just the link above to complete now...and you will start getting some advice.

[dx100uk]

haha

link and kearns...

 

 

99% statue barred and they know it

link only ever deal in lemon debts usually anyway

trying for an undefended default rubberstamped judgement

you found CAG.

 

 

dx

[loci]

Name of the Claimant link financial

Date of issue – 24/11/2015

Date to submit defence = 26/12/2015 (33 days in total) -

What is the claim for –

1.The claimant claims the whole of the outstanding balance due and payable under an agreement referenced opened effective from 11/08/1995.

The agreement is regularted by CCA 1974 whch was signed by defendant and from which credit was extended to defendant.

by an agreement in writing the benefit of the debt has been legally assigned to the claimed effective 19/06/08

and made regular upon the claimant service a notice of assignment on the defendant shortly thereafter.

 

2.failed to make payment as required and by 31/5/08 a default was added

and as of 19/8/08 I owed mbna £663749 (there's not . but I assume its supposed to be £6,637.49 otherwise I am in trouble!!)

3.And claimant claims 1. 673749 2. interest pursuant to section 69 county courticon act (1984( at a rate of 8% per annum from 19/6/2008 to 23/11/2015 of 377816 and thereafter at a daily rate of 140 to date of judgement or sooner.

What is the value of the claim? 10,984.35

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

When did you enter into the original agreement before or after 2007? 1995

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. Link

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

I knew they were chasing but can't remember having a letter of assignment, that doesn't mean I didn't

Did you receive a Default Notice from the original creditor? think so

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not that i'm aware

Why did you cease payments? at the time i wasn't aware there were payments to be made, it was an ex husband who ran it up and was hiding it. then a case of head in the sand

What was the date of your last payment? april 2008

Was there a dispute with the original creditor that remains unresolved? no

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? no

[dx100uk]

good so we got there

 

 

and everything is done?

 

 

you've ack'd the claim on mcol website?

filed the SB defence on there too?

 

 

did you send link a CCA request?

and a CPR to Kearns?

 

 

dx