Hillesden Securities Limited /MBNA Claim Help needed with defence!

[petersmith80uk]

Hi there,

 

I'm putting together a defence for a claim for ~£1000 issued 14/12/15 and I'm a bit stuck - any help would be greatly appreciated! Unfortunately had my head in the sand but now trying to get things sorted.

 

I've done the acknowledgement of service and have followed guidance to request details via CCA letter on the 19/12/15.

 

I've sent the £1 statutory fee to Mortimer with the CCA letter, which they've taken and replied to (24/12/15) saying they've asked for the documentation from their client (Hillesden).

 

The claim is being made by Hillesden Securities Limited, for a debt they have allegedly purchased from MBNA. Mortimer clarke solicitors are acting on their behalf.

 

Since Mortimer's response on the 24th, nothing has been received by either Mortimer or Hillesden.

 

So now that the time is approaching to file a defence, I'm attempting to cobble something together

 

So far I have:

 

1. Defendant received the claim XXXXXXXX from the Northampton County Court on 16/12/2015.

 

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

 

3. This claim appears to be for an agreement regulated under the Consumer Credit Act 1974.

 

4. It is denied that the Defendant has entered into an agreement with Claimant.

 

5. The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess the Defendant’s position with regards the claim.

 

6. The particulars of claim are vague and fail to specify anything identifying the account that the Claimant refers to.

 

7. The Claimants statement of case states that the account was assigned from MBNA to Claimant. The Defendant has no record of receiving notice of this alleged assignment.

 

8. It is denied that MBNA 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.

 

9. On the 19/12/15 The Defendant sent a request for inspection of documents with reference to the Claimant statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor, Mortimer Clarke Solicitors. Defendant requested the Claimant provide copies of the Agreement, Default Notice and Deed of Assignment pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

10. Claimant has not sent any of these documents to Defendant.

 

11. Claimant has declined to send a true copy of the deed of assignment.

 

12. The Claimant’s Solicitor has taken payment of the statutory £1 fee and not in any circumstance set aside for any alleged debt.

 

13. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

 

14. 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.

 

15. The Defendant requests the court order the Claimant to provide the necessary documentation in order for the Defendant to fully plead the Defendant’s case else the Claim should stand struck out.

 

16. In the event that the relevant documents are received from the Claimants, the Defendant will then be in a position to amend the Defendant’s defence, and would ask that the Claimant bear the costs of the amendment.

 

17. 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.

 

Any guidance would be greatly appreciated!

[AndyOrch]

Thread moved to Financial Legal Issues

 

If you could read the following link and copy and paste your responses here to enable the best advice on proceeding with your claim.

 

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

 

Regards

 

Andy

[petersmith80uk]

Sorry Andy, here we go:

 

Name of the Claimant ? Hillesden Securities Limited.

 

Date of issue: 14/12/15

 

What is the claim for: An agreement between MBNA and the defendant on or around 15/10/2007 ('the agreement') MBNA agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due and the Agreement was terminated. The Agreement was assigned to the Claimant. The claimant therefore claims 1000

 

What is the value of the claim? £1000

 

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? The particulars say 2007

 

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. Not the original creditor. This debt seems to have been sold on

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? No idea of what account this is.

 

What was the date of your last payment? No idea of what account this is.

 

Was there a dispute with the original creditor that remains unresolved? No idea of what account this is.

 

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

 

 

I've had credit cards underwritten by MBNA in the past but never directly with MBNA. So its hard to pin point. The particulars of the claim is too vague, sorry!

Edited January 24, 2016 by petersmith80uk
Typo

[AndyOrch]

Peter did you actually send a separate section 78 request and fee ?

 

9. On the 19/12/15 The Defendant sent a request for inspection of documents with reference to the Claimant statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor, Mortimer Clarke Solicitors. Defendant requested the Claimant provide copies of the Agreement, Default Notice and Deed of Assignment pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

Andy

[petersmith80uk]

Hi Andy,

 

No, I sent one letter which requested the documents along with the fee. Think I may need to re-word that bit..

[AndyOrch]

So nothing like the following ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

With regards to the proposed defence above...I would ditch that as most of it is twaddle...what date is your defence due?

[petersmith80uk]

Hi Andy,

 

I thought my deference was due 28th. However, it appears I've made an error in counting the days. So it looks like I'm past due now....

 

Given the issue date was 14th December 2015. 33 days would land me on January 18th 2016?

[AndyOrch]

15th Jan actually ..or 16th allowing for Christmas Day

[petersmith80uk]

Well, either way... I'm late! Wish I'd come to CAG sooner... live and learn.

 

So can I still file a defence now?

[AndyOrch]

If you are submitting vis a MCOL...try to log in now and see if will take you to the enter defence stage....then post back here.

[petersmith80uk]

Yep it does appear to be working still...

[AndyOrch]

Okay so we need to a defence submitted asap...give me a few mins.Keep your page logged into MCOL.

[petersmith80uk]

Ok will do!

 

Thanks very much!

[AndyOrch]

Particulars of claim

 

1.An agreement between MBNA and the defendant on or around 15/10/2007 ('the agreement') MBNA agreed to issue the Defendant with a credit card.

2.The Defendant failed to make the minimum payments due and the Agreement was terminated.

3.The Agreement was assigned to the Claimant. The claimant therefore claims 1000

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 upon CPR r 16.5 (3) in relation to which a specific response has not been made.

 

2. The Defendant accepts that he has held an account with MBNA in the past. I cannot recall the precise details of the agreement or recall any alleged amounts outstanding. I have therefore sought clarity by way of a section 78 request and a statement of account .

 

3. It is denied that I failed to make payments as I am not aware of what agreement the claimant purports to rely on.I requested copies of the documentation relied upon by way of a CPR 31.14 request dated XXXXXXX, the claimant has failed to supply any supporting documentation.

 

4. I am unaware of any assignment and it is denied that I have ever received any Notice of Assignment pursuant to The Law of Property Act 1925

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and therefore the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement on which the claim relies upon; and

 

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

 

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

 

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

 

7. 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 and Property Act.

 

8. 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.

 

One very fast defence...complete the date of your CPR 31.14 (marked in Red) request and post ASAP a fresh Section 78 request as per the link above.

 

Regards

 

Andy

[petersmith80uk]

Amazing, thank you so much!

 

Do I need to put the particulars of the claim at the top of the defence?

 

Just to check you mean this link:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

Thanks again!

[AndyOrch]

Amazing, thank you so much!

 

Do I need to put the particulars of the claim at the top of the defence? No thats so I know what I am responding to in drafting a defence

 

Just to check you mean this link: Yes

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

Thanks again!

 

Regards

[petersmith80uk]

Thanks Andy, I've submitted the defence.

 

Given I've already paid the statutory £1 fee, I assume I should omit that from the letter. Or shall replace it with the fact they've already take payment or send another £1 cheque?

[AndyOrch]

Send another for the sake of £1 this time postal order no signatures....only allows further complications.

[petersmith80uk]

Ok will do.

 

Thanks so much for all your support with this. I shall update when I hear more!