Arrow/restons stayed claim - for MBNA card Debt - now a new claim for the same debt!!

[dx100uk]

nope you've turned it into utter twaddle now.

[dx100uk]

remove - entered into an agreement with and

 

I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. - no you sent the cpr to the claimant solicitors..

 

I made a legal request by way of a section of a CPR 31:14 request - no a CPR is not a legal request its a request

 

as requested by CPR 31.14 and - replace with 'by way of

 

……………..

 

just put what other people use regarding restons and their CPR reply

and the same for the CCA request to the claimant

 

add the sentence back as it was written.. starting.. on xxx date I sent a CCA request to the claimant and ….[what has happened]

 

the same for the CPR request..[and what happened]

 

drop the sar stuff totally you didn't send one anyone not needed at all]

 

stop adapting it!!

[prince percy]

I'm hoping this is ok?

really starting to struggle with it all now and need to get it submitted.

 

The claimant claims payment of the overdue balance due from defendant under a contract between the defendant and MBNA. Dated on or about Feb 2007 and assigned to the claimant on 20 dec 2011

Particulars ac/no ……..

19/07/18 Default balance 5151.05

19/09/18 Post Refrl CR -20

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.

 

Paragraph 1 is noted in that I have in the past had financial dealings with MBNA, however I do not recall the exact details as it is over 13 years ago. I have requested via a CPR 31:14 to the claimant solicitors they verify the exact details of this claim and via a Section 77 CCA request to The claimant the same. Neither have responded with any paperwork to date. The Claimant responded refusing my CCA request, stating they are not obligated to do so by virtue of the consumer credit Act 1974, referred me to their Solicitors, who in turn have replied with a std letter stating I should have retained all my documentation from 13yrs ago and anyway their Particulars of claim hold enough information about the debt already.

 

I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

On the 5th November 2018 I requested documents relied on by way of a CPR 31:14 request to the Claimant solicitors Restons. So far Restons have failed to send any.

 

On 5th November 2018 the Defendant sent the claimant a Section 77 CCA request for a Copy of the Consumer Credit Agreement to date they have failed to comply. no statement of the alleged account has been received. The claimant has failed to provide any evidence of agreement/contract/breach as requested by a Section 77 request and therefore are in default of this request and as such unable to enforce this agreement or request any relief until compliance.

 

Therefore the Claimant is put to strict proof to:

 

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

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

© show and evidence the nature of breach and service of a Default Notice;

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

 

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

 

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.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the money claimed.

 

dx100uk thank you so much for your input over the last couple of days.

Edited December 2, 2018 by dx100uk
bits in blue

[dx100uk]

you still didn't get it but ive changed it above in blue

[prince percy]

Thank you! i've read so much on this i found myself going round in circles.

 

Have logged on to MCOL and when i put the claim number and password in it comes up as unrecognised? will try again in the morning but if that fails will phone the court,

 

Thanks again for your help. Will update on things as they progress

[dx100uk]

ive update one word in the defenced so copy it again

MCOL is often down of a w/end so if its not up by noon shout here we'll help

there is an email to use

 

dx

[prince percy]

Logged on this morning and it was all working fine.

 

 

Thanks again. I will keep you updated on what happens. I've read a few threads so know what to expect next.

[prince percy]

Just wanted to update on this claim and was after a bit of further advice.

 

Following the claim I got a letter saying my defence was invalid and it was urging me to contact them to discuss payment so I just ignored this letter and assumed the application is now stayed?

 

I received a letter today from drydensfairfax solicitors about making payment. I am intending to ignore this but my question is how long does the debt remain stayed? can I aske this solicitor to stop contacting me and state that I have requested CCA from MBNA and Restons and nothing has been provided.

 

Thanks in advance.

 

[AndyOrch]

Only the court decides if a defence is invalid...yours wasn't hence the court accepted the defence and stayed the claim.

 

The claim remains stayed until the claimant decides to progress it and pay the relevant fee (£255.00) ...until such time they do this and the court informs you same...simply file any letters away ...do not respond...unless its a Notice of Discontinuance then post back here for further advice.

 

Andy 

[prince percy]

Just wanted to update on this. 

 

I now have a pre-action protocol form for the same debt but from a different drydenfairfax. I presume I tick box d and state I have requested CCA and this has not been provided?

 

 

[dx100uk]

you either ignore it and let them findout there is a stayed claim on this debt already.

or you write back stating the debt is already subject to a stayed claim number xxxxxx nothing more

[prince percy]

just an update on this. 

 

I ignored the pre-action protocol and toady I have received a claim from for the debt.

 

I presume I just defend this by stating that the debt is in a stayed claim? Will I still find details of this on MCOL?

 

[dx100uk]

should do.

same log-in as before.