Restons/ME III Claimform - MBNA Card - poss SB'd

[iyam71]

I've been looking through all the old correspondence from MBNA (only goes back as far as Dec 2010)

 

 

there is a letter from Dec 20th detailing two missed payments from Nov 10th and Dec 8th.

 

 

There is no mention of a payment for October which was definitely not made, but it would have been due around the same time of the month.

 

 

That would mean the claim was filed roughly 13-15 days within the 6 year period.

 

Unless I can claim that the date of the last payment (roughly 8th-10th Sept) was the cause of action the SB argument looks on dodgy ground.

[dx100uk]

go ring mbna and ask .....

[iyam71]

Last payment made Sept 8th, first missed payment Oct 6th so looks like no SB defence.

[iyam71]

Now I'm not going down the SB defence route I'm thinking of filing something along the lines of the following:

 

 

 

POC:

 

 

1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and MBNA dated on or about Feb 14 2008 and assigned to the Claimant on Jun 24 2016.

 

Defence

 

1. Paragraph 1 is admitted that I have in the past held a credit card with MBNA. It is denied that I ever had a credit card with a balance for the amount claimed my limit being only £1500.

 

2. Paragraph 1 is denied that any notice of assignment – as required by section 136 of the Law of Property Act 1925 and by section 82a of the Consumer Credit Act 1974 – was received on or after 24/6/16.

 

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;

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

 

 

On 23/8/16 I requested a copy of the credit card agreement by way of a section 78 request dated 22/8/16. The Claimant has yet to comply.

 

On receipt of the claim form I sent a CPR 31.14 request dated 8/10/16 for a copy of the notice of assignment, default notice and a statement of account showing how the amount claimed has been reached, which form the basis of this claim. This was signed for by the claimants solicitors on 13/10/16. The claimant has yet to comply.

 

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.

 

 

3. As per Civil Procedure rule 16.5(4) I expect that the claimant prove the allegation that the money is owed.

 

 

4. 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.

 

5. 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.

 

Seeing as I've gone down a blind alley with the SB defence and wasted peoples' time on here any feedback on what to include or anything I've missed out would be much appreciated.

[iyam71]

I received a statement for this account this morning. It includes two new transactions, solicitors fee and solicitors cost totalling nearly £200.

 

Can they do this? Surely they have to win the case before adding on their costs.

[dx100uk]

doesn't matter but yes they can

[Guest]

small claims, is about right re the limited costs that can be recovered if judgment against.

so yes, only if they get judgment.

but, is that the extent of their particulars. did they not put costs in it? (maybe why they're trying to include it now. if its not in the particulars...? see what the guys say.)

[iyam71]

Costs were not listed under particulars.

[AndyOrch]

But they can claim the cost of issuing the claim and Sol fee as listed in the totals column of the claim...but its irrelevant unless they are successful.

[Guest]

But they can claim the cost of issuing the claim and Sol fee as listed in the totals column of the claim...but its irrelevant unless they are successful.

when saying 'did they not put costs in it', i meant the the whole claim form (shld've been more specific ). wasnt sure whether op was saying it wasnt included.

[iyam71]

Got a letter from the solicitors today refuting my defence. They are saying that all of the documentation referred to in the defence I would have received at some point in the past and that I should check my own personal records again.

 

They then go on to deny ever receiving a s77/78 request and want evidence a valid request has been made. This despite an acknowledgement from the DCA earlier this week saying they are waiting for the relevant information from MBNA.

 

The 31.14 request is acknowledged but as the documents requested are not "mentioned" in their particulars the CPR 31.14 rule 'does not apply'.

 

The letter ends by saying that as my defence has no prospect of success they are to recommend to their client that an application be made to strike out the defence and enter judgement for the full amount claimed. And if I want to avoid this plus avoid further costs I am invited to withdraw the defence by completing an N9A.

 

Is there anything I should be concerned about here? Or just ignore and wait to hear from the court.

[AndyOrch]

If you search other Restons threads you will see that letter widely available on most threads.......template.

[iyam71]

I keep getting letters from Restons every 2/3 months now reminding me that there is still no repayment plan in place for this account.

 

they seem to have stopped short of the usual threats of resuming court proceedings.

 

And the last letter they sent was offering a discount of 50% of the total they are claiming for.

 

Is it safe to assume they won't be continuing legal action after this length of time,

especially now they seem to have resorted to sending begging letters?

[dx100uk]

typically yes

notice of disc'd soon I expect.

 

 

dx