IDR/Link/Kearns - claimform - MBNA Credit Card

[Off My Head]

Hi CAG Team,

 

Name of Claimant: IDR Finance UK Ltd

 

Claim Date: 07 June 2017

 

What is the claim for:

 

1.The claimant claims the whole of the outstanding Balance due and payable under an agreement referenced 412XXXXXXXX and opened effective from 12/12/2007.

The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant.

2.The Defendant failed to make payment as required and by 30/11/2011 a default was recorded.

3.As at 29/02/2012 the Defendant owed MBNA Limited the sum of £14,094.67 by an agreement in writing the benefit of debt has been legally assigned to the Claimant effective 29/02/2012 and made regular upon the Claimant serving Notice of Assignment up the Defendant shortly thereafter.

4. And the Claimant claims -

1.£14,194.67

2 .Interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per Annum from 29/02/2012 to 06/06/2017 of £5720.54 and thereafter at a daily rat of £2.98 to date of judgment or sooner payment. Date 06/06/2017

 

What is the value of the claim: £20,806.89

 

Has the claimant included section 69 interest: Yes

 

Is the claim for: Credit Card

 

When did you enter into agreement: December 2007

 

Who has issued the claim: Debt purchaser

 

Were you aware the account had been assigned: Yes

 

Have you been receiving statutory notices: Yearly Statement of Account from Link Financial

Why did you cease payments: Made redundant at the time, debts spiralled out of control

 

What was the date of your last payment? July/August 2011

 

Was there a dispute with the original creditor that remains unresolved: Yes, charges and PPI

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan: Yes, cancelled card immediately and started the process to sell my debt.

 

What I need to do:

Requested CCA from Link in 2012, no response but credited fee to my account.

Request CPR 31.14 from Kearns.

Respond to claim online mark "I intend to defend all of this claim"

 

Unfortunately I find myself calling on your services once again.

 

A couple of years ago I had a fight and lost against MKDP LLP -BC.

It was far from the end of the world and without going into detail has all but gone away now.

 

I have today received a claim out of the blue from Kearns acting for Link on an old MBNA Credit Card that was fast approaching SB (8 months)

 

Like most posts regarding Link I received a statement of account once a year which I chose to ignore.

 

In the early days they used aggressive telephone tactics but that didn't phase me and it soon became this yearly statement and nothing more, until today.

 

As always your assistance with defending this claim would be much appreciated.

 

OMH

Kearns MBNA Claim.pdf

[dx100uk]

I've hidden the PDF of the claimform

you've not readcted it

but we don't need it anyway.

 

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.if you've not already done the above.

 

 

they've seen £'s signs here esp the section 69 int since assignment

[Off My Head]

Thank you, will get on to those now and have them sent off today.

 

 

I'm ready for another fight, after doing this 3 years ago I don't find the process so scary! I lost last time, but that wasn't too bad an outcome, I won't make the same naïve mistakes again.

 

 

Thank you again for your help and advice.

 

 

OMH

[renegadeimp]

Its very likely unenforceable and theyve gotten greedy. Tim to swat these leeches away

[AndyOrch]

Not sure how...but you missed a question off that link...

 

What was the date of your last payment? July/August 2011

 

Andy

[Off My Head]

Hi Andyorch,

 

Sorry I missed that question, it would have been July/August 2011. I was made redundant in the May 2011, tried to keep up for a couple of months but all the creditors I spoke to at that time just instantly pulled the plug!

 

Does this date make a difference to their claim?

 

Regards

 

OMH

[AndyOrch]

Not really apart from they got it in just in time...but it is a vital point we need to know in order to advise.

[Off My Head]

Hi Team,

 

I have to submit my defence by the 10th of July and I am about ready to do that.

 

 

In the meantime I have received this letter from Kearns whilst away on business for 10 days (PDF attached) replying to my CPR 31.14 request.

 

 

I presume it means very little and that I still need to submit my defence, which will be based on them not submitting the required documents in time.

 

 

Question:

Should I continue with current defence (Prove I owe it) to be posted tomorrow on here for your approval. or should I sit tight and wait to see what if anything turns up.

I have not had any acknowledgement from IDR Finance to my s.78 request.

Kearns Letter.pdf

[AndyOrch]

Defence is due this Friday 7th July...post your proposed defence here when your ready.

 

Andy

[renegadeimp]

Unless you get documents from the court that confirms what the letter says, ignore it. If they want time, they can follow procedure.

[dx100uk]

no harm in ringing MBNA and asking last payment date

[Off My Head]

Hi Andy

 

 

Here goes:

[old embarrassed defence template removed - dx]

[Off My Head]

Hi DX,

 

 

What would knowing last payment date form MBNA achieve? Apologies if this is an obvious question.

 

 

OMH

[AndyOrch]

Thats an old one...not CPR compliant...you only need to respond to the 4 points raised within the claimants particulars...nothing further

 

3&4 are not applicable to claims issued from CCBC MCOL

 

10..the particulars does not plead you ever did enter into an agreement with IDR

 

14.You cant request a strike out in a defence..you have no grounds and can only be made by way of an application n244 with fee £255

 

14.i The court will direct this anyway after allocation

 

14.ii You can not amend your defence unless you request permission of the court and the claimant ..again by way of an application n244 and fee £255

 

Back to drawing board OMH and stick to tried and tested..found here...

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

Andy

[dx100uk]

Hi DX,

 

What would knowing last payment date form MBNA achieve? Apologies if this is an obvious question.

 

OMH

 

 

you were indicating your last payment was p'haps very close to being 6yrs before claimform date?

thus this might all be statute barred?

 

 

far better to file that defence if it is

than the very old embarrassed defence you've dug out from somewhere?

 

 

pers i'd go find out !!

[Off My Head]

Thank you Andy,

 

 

Once again I thought I was on the money with that defence, just shows how much you guys are needed and appreciated. As I have less time than I thought to get this in I am getting a little panicked and might be clutching at straws with this next attempt.

 

 

In the Northampton (CCBC) County Court

 

 

Claim number xxxxx

 

 

Between

 

 

IDR Finance UK Limited

 

and

 

XXXXX – Defendant

 

[/color]

 

 

[/COLOParticulars of Claim for reference only

 

1.The claimant claims the whole of the outstanding Balance due and payable under an agreement referenced 412XXXXXXXX and opened effective from 12/12/2007.

The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant.

 

2.The Defendant failed to make payment as required and by 30/11/2011 a default was recorded.

 

3.As at 29/02/2012 the Defendant owed MBNAicon Limited the sum of £14,094.67 by an agreement in writing the benefit of debt has been legally assigned to the Claimant effective 29/02/2012 and made regular upon the Claimant serving Notice of Assignment up the Defendant shortly thereafter.

4. And the Claimant claims -

1.£14,194.67

2 .Interest pursuant to Section 69 county courticon Act (1984) at a rate of 8% per Annum from 29/02/2012 to 06/06/2017 of £5720.54 and thereafter at a daily rat of £2.98 to date of judgment or sooner payment. Date 06/06/2017R]

 

 

DEFENCE

 

 

1. I, xxxx am The Defendant in this action and make the following statement as my defence to the claim made by IDR Finance UK Limited

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in The Claimant’s Particulars of Claim and put The Claimant to strict proof thereof.

[3. 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.

 

4. The Defendant is unaware of any legal assignment the claimant refers to within its particulars and denies the notice was served pursuant to the Law of Property Act 1925.

 

4. On receipt of this claim the Defendant requested information pertaining to this claim from Kearns Solicitors by way of a CPR 31.14. This request was signed for by the Solicitors on 14th June 2017 Kearns acknowledged receipt but have yet to supply the requested documentation supporting this claim. (Please see attached letter)

 

5. The Defendant requested information pertaining to this from IDR Finance UK Ltd by way of a Section 77/78 request. This request was signed for by the Claimant on 14th June 2017. To date I have yet to receive a response complying with the request.

 

 

6. As a result , the Claimants claim does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim.

 

7. Therefore with the court’s permission the Claimant is put to strict proof to:

(1) Show and disclose how the Defendant has entered into an agreement; and

(2) Show and disclose how the Claimant has reached the amount claimed for;

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

 

8. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

9. 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.

 

10. 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.to the relief claimed or any relief.

 

 

Statement of truth

I believe the facts stated in this defence is true

[Off My Head]

Hi DX

 

 

So is it Statute Barred if last payment to MBNA was over six years ago, not from date of assignment?

[renegadeimp]

yes. SB is from date of last payment or express written acknowledgement

[AndyOrch]

1 & 2 of your defence are not required...nor is the header or statement of truth (assuming this is being submitted on line ?)

 

You have not made a response to the claimants points 1 & 2 or 4

[dx100uk]

post 33 here

http://www.consumeractiongroup.co.uk/forum/showthread.php?443975-Link-IDR-Claimform-old-Barclaycard-debt

 

 

go find out if its sb'd first or not!

[Off My Head]

OK Chaps,

 

 

Not sure this changes the game plan? I have just confirmed with MBNA that my last payment date was 30 March 2011 I have never acknowledged this debt with the assignee other than to request SAR.

 

 

If I am right this debt IS in fact Statute Barred as of the 30th March 2017? Fingers and toes crossed that you agree.

 

 

OMH

[dx100uk]

yep - knew it would be if LInk had it

 

 

go file this on MCOL now

 

 

The following defence is all you need if it is SB

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

2 The Defendant 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 £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

[AndyOrch]

Claim issued date 07 June 2017

 

2.The Defendant failed to make payment as required and by 30/11/2011 a default was recorded.

 

my last payment date was 30 March 2011

 

 

They will argue causes of action...bit of gamble to submit a statute barred defence on £20K ?

[dx100uk]

what about the other one andy?

 

 

alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment

.

1 The Claimant's claim was issued on dd/mm/yyyy.

2.The date last payment made was the dd/mm/yyyy

3.The Default Noticed was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

4.Therefore the Defendant 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 acticon 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 true cause of action for breach accrued for the benefit of the Claimant.

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

[AndyOrch]

Lets just check a few things DX

 

Off MY head you missed another question from our link in your first post...

 

Did you ever receive a Default Notice ?

 

You said you did a DSAR..anything in that with regards to Default Notices ?