Hillies/Restons claimform - mbna card 'debt'***Claim Discontinued***

[minkie64]

Hi Dx,

 

Here is my defence

 

Particulars of Claim

 

1. The claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and MBNA dated on or about Feb 19 2008

2. And assigned to the claimant on 10.11.2015

 

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 on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraph 1 is noted. I have in the past had financial dealings with MBNA. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

3. Paragraph 2 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

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

© show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;

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

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have declined to comply with my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

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

7. On the alternative, as 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.

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.

[minkie64]

I have also had a letter this morning from Cabot returning my postal order because I hadn't filled the front in ( I had written their name on the back - so stupid!) so do I send it back or leave it? they have sent me a prepaid envelope

 

I'm so confused with all the name changing , write to one company, letter back from another...

 

thanks

[AndyOrch]

Fill the front in (considering they are unable to)...send it back

[minkie64]

Thanks Andy, Ill get it posted tomorrow

[minkie64]

Letter posted back to Cahoot on Wednesday and defence filed today

 

Thanks for your help

[AndyOrch]

[minkie64]

hi,

 

I received this from Cahoots last week. now waiting for them to produce the agreement

 

'We refer to the above matter and in particular your recent request for information on the above account.

 

We confirm that we do not hold all your information on file, therefore we have requested a copy of the Agreement from the original creditor and will forward to you on receipt.

 

The account is on hold while we await this information.

 

If you wish to discuss the matter further with one of our Customer Consultants,

please call telephone number 0333 123 9999. Our office opening hours are 8:00 am to 8:00 pm Monday to Friday and Saturday 9:00 am to 1:00 pm.'

 

and then this from Restons on Saturday.

 

"The Court has served us with a copy of the Defence you have filed whereby you dispute your liability to our Client in full.

 

The Claim was issued via the County Court Business Centre which is a procedure specifically provided for in the CPR.

 

 

The procedure only allows the Claimant to insert brief details and does not allow for the attachment of any enclosures. Paragraph 5.2A of Practice Direction 7E specifically states “The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using online claim form,

 

 

unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction”.

 

 

Having said that, we believe the Particulars of Claim provide you with sufficient information for you to ascertain what the debt relates to, including the original creditor, the current creditor, the outstanding balance and the account number.

We therefore disagree with your assertion that the Particulars of Claim being Vague.

 

We would advise that this is a simple debt recovery action and that the facts are as follows:

 

1 The outstanding balance referred to in the Particulars of Claim relates to a MBNA – credit card facility with the account number ****************. Our clients records indicate that the original credit agreement was dated on or about 18th February 2008. It is the claimants position that you should have received a copy of the Credit Agreement when first entering into the Contract with MBNA.

 

2. MBNA should have sent Statements of Account to you on a monthly basis during the operation of the Credit Card facility. Such statements will have identified any items of expenditure, payments towards the account, the application of any interest/ charges, and the outstanding balance on a month by month basis.

 

3. You failed to maintain the minimum monthly repayments as required by the Statements of Account and accordingly, MBNA issued a Default Notice before terminating the Credit Agreement.

 

4. In line with the Terms and Conditions of that Credit Agreement, the original Creditor had a contractual right of assignment, in other words, MBNA was entitled to transfer their rights and benefits under that Agreement to a third party. Around that time you should have received a letter from the original creditor advising you that the account had been transferred to a third party and you also should have received a Notice of Assignment from Hillesden Securities Ltd t/a DLC.

 

If you wish to review any of the documentation referred to above we ask that you kindly revisit your personal records.

 

You refer to Section 78 of the Consumer Credit Act however we have no record of you making such a request. We kindly ask that you provide ourselves with evidence of such a request, as well as evidence as evidence of the statutory fee being paid within the next 14 days.

 

If you are unable to provide such evidence we kindly ask that you withdraw your Defence by completing and returning the attached N9A form to this office within the next 14 days.'

 

how do I reply?

 

thanks

[AndyOrch]

" how do I reply? "

 

You dont...they need to reply to the court if they wish to proceed....

 

Andy

[minkie64]

Thanks Andy!

[dx100uk]

std replies if you go read a few cabot/reston claim threads

next move is theirs..if they ever bother to do anything....

 

 

dx

[minkie64]

Thanks Dx...I have been following others, but it's still reassuring that I don't have to do anything...

 

One other question, the court wrote to me on 15th April, saying they had sent my defence and the other side had 28 days. Do I take the 28 days as just days rather than working days and do the courts allow any posting time?

 

am I too hopeful that it could become stayed on 13th May?

 

thanks

[dx100uk]

33 cal days to be safe I think

[minkie64]

thanks!

[minkie64]

Hi

 

I haven't heard anything from anyone since 9th May letter from Restons. I think the time has passed now from the court, but would I hear from the court if this has become stayed? is there a way to find out and what happens next?

 

thanks

[dx100uk]

case is auto stayed then

next move is theirs

if they want to pay and lift the stay.

 

 

the court will contact you yes.

time to go enjoy the summer and forget about the fleecers.

 

 

as always

they expect a non defended rubberstamped default judgement

shame..you found CAG>...

[minkie64]

wooohoooooooooooooooooooooooooooooooooooooooo

 

thank you

 

this site is just amazing

[minkie64]

Hi,

 

I've heard nothing on this till today when I get a letter from dlc - Notice of Sums in Arrears...

 

It's back to the pre-court amount of £798.22 and tells me this is for information only. It does not affect any payment arrangement we have agreed with you and you do not need to respond.

 

I haven't agreed anything...I thought because I hadn't heard from the court it was stayed and would go away?

 

I checked on Noddle and it's showing me in default

 

Any ideas on why I've got this and do I need to do anything?

 

thanks

[AndyOrch]

Section 9 of the 2006 Act. Section 86C (CCA1974) requires that a creditor must give to the debtor notices of sums in arrears in respect of regulated agreements that are running account agreements. A creditor must give to a debtor a notice in the specified form, including an arrears information sheet after a point in time where:

 

http://www.legislation.gov.uk/ukpga/2006/14/notes/division/8/3

[minkie64]

Thanks Andy

[minkie64]

please help!

 

After hearing nothing from Court and only a sum of arrears from Restons in October

 

I got this letter from Restons today

 

We have been instructed to write to you regarding the above matter.

 

Please find enclosed Statements of Account previously provided to you, which show transactions applied to your account between the period of 17 Jan 2011 and 07 March 2011.

 

We note from reviewing your account that you have not withdrawn your Defence, nor has a payment arrangement been agreed.

 

Due to the time that has elapsed since proceedings were issued, our Client has asked us to remind you of the details of the outstanding debt.

 

The current outstanding balance is £928.22, which related to a MBNA credit card facility with your account number xxx.

 

Our client’s records Indicate that the account was opened on or about Tuesday February 19, 2008.

In line with the Terms and Conditions which governed the account, the original creditor has a contractual right of assignment.

 

In other words, the original creditor was entitled to transfer their rights and benefits under the account to a third party and that right was exercised on Friday April 1, 2016.

 

Our Client has asked us to explore the possibility of a settlement being achieved without the need for this litigation to continue and is therefore willing to enter into a payment arrangement that is affordable and sustainable for you

 

. We kindly ask that you complete and return the attached financial statement within the next 30 days, confirming what your offer of payment is.

 

If you wish to settle the matter by way of a lump sum payment our Client may be able to offer you a discounted settlement figure.

 

Please contact ourselves on the above telephone number if you wish to discuss settlement of your account or have any other queries relating to your account.

 

Yours faithfully…Restons…

 

Can anyone advise on what I do?

 

thanks

[AndyOrch]

Ignore...next move is theirs (to inform the court and pay their hearing fee) if they wish to make it.Its not you delaying proceedings.

 

Andy

[minkie64]

Hi Andy,

 

Many thanks for your fast and helpful reply..

 

Just a little question...is it worth making an arrangement now rather than them going to court? I think they would win, although they haven't sent me the documents in the time frames or the signed agreement...guess I'm stressing and don't want a ccj...

 

thanks

[Old Cogger]

calm down as stated next move is theirs, no need to do anything at the moment, if they should magic up enforceable documents then there is always a Tomlin Order to be thought about nearer the time, chances are they cannot get enforceable documents, and will leave it to the last minute to discontinue, wait & see what you get next before deciding and let us know here 1st

[minkie64]

thank you!

 

I am a stress head and you are right, I am in panic overload!

[Old Cogger]

no problem