Asset Link/Kearns Claimform - old MBNA card debt

[dx100uk]

1st..

 

You never ever ring or give an email to the fleecers or their solicitors, they LIE 

 

Esp the bit about sending them back the form!! That's equals a guaranteed CCJ.

 

...........................

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

.

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[dx100uk]

just to clarify, they say a take out date of 2020? is that true?

 

[dx100uk]

blimey thats very very quick for an original creditor to sell a card on.

 

dx

 

[dx100uk]

Plenty of link/Kearns Claimform threads here. Use our enhanced Google search box

 

You can send it to Kearns or link financial UK address is better from the FCA register. Or the address others have used in their threads 

 

hidden a few posts please dont post templates in the open forum.....

 

here is what you need to do

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

.

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[dx100uk]

did you do MCOL?

 

dx

 

[dx100uk]

3 hours ago, dx100uk said:

Plenty of link/Kearns Claimform threads here. Use our enhanced Google search box

you do not await paperwork...

 

3 hours ago, dx100uk said:

you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

[dx100uk]

No rush 100's here.

Don't file yet, post it up to 1st.

 

Dx

[dx100uk]

Stop flapping you are doing fine 

 

That's appears almost perfect, I'll go through it later.

 

Dx

[dx100uk]

Please be patient we are volunteers we don't get paid. And you don't post it, you copy n paste to the mcol website just like you did for aos 

 

Dx

[dx100uk]

about a month or 2 before the court claimform did you get a letter of claim for Kearns with a reply pack wanting you I&E financial details?

kearns have a habit ofnot sending these out when they should before issuing a court claim.

 

dx

 

[dx100uk]

change the relevant details in this defence (dates time figures only)

 

1.The Defendant contends that the particulars of claim are 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 had in the past a contractual relationship with Barclaycard. The Defendant does not recognise the reference number provided by the claimant within its particulars . I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information.

 

3. Paragraph 2 is noted. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Barclays Bank and received by the Defendant.

 

4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank.

5. On the 05/10/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant as yet to respond to this request. Kearns as yet to respond in relation to the CPR 31.14 request. To date, 21/10/2021, no documentation has been received. The claimant remains in default of my section 78 request.

6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

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

(b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974

(c) show how the claimant has reached the amount claimed for; and

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

 

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

 

8. 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.

 

9. 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.

[dx100uk]

i hope so its been used by 100's of people since andyorch wrote it years ago

 

dx

 

[dx100uk]

dont waste your time mind

get reading up , whats to come

how to react

whats next in the process after that.

 

1000's of card claimform threads here 

 

cag is self help too. but never do anything without checking here 1st.

 

dx

 

[dx100uk]

As they do, to intimidate you as they think they are all powerful and you'll obviously loose ..not!

 

We need to see everything bar statements. 

 

Scan it all up to one mass pdf please

Read upload carefully 

 

Dx

[dx100uk]

the supposed default notice from MBNA is not compliant.

the agreement looks ok, but ofcourse there is not IP Address showing where what device was used to sign up, to prove it was you.

 

it surprises me that MBNA very quickly sold this on and didn't crush you themselves in court but decided to sell the debt on for 10p=£1.

 

dx

 

[dx100uk]

does it not tell you...like witness statements to be exchanged by xxx date?

 

 

[dx100uk]

you really must get reading up.!!!

sorry was busy sheep herding

 

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

 

[dx100uk]

all your q's will be answered if you go read a good few 10's of claimform card threads.

 

dx

 

[dx100uk]

good std practice

 

await your N157

 

in the mean time get reading 

claimform card 

 

threads using our enhanced google searchbox 

 

dx

 

[dx100uk]

as we said earlier, the fleecers often sent defendants their dq early to harass and intimidate people into wetting themselves and coughing up.

 

whats the mcol status now?

 

dx

 

[dx100uk]

why not ring northants bulk and ask if the claim has been struckout as per the judges order?

 

dx

 

[dx100uk]

well the DN is faulty IMHO.

 

i would refuse mediation if/when you ever get a phonecall from the mediation service.

[dx100uk]

i know you have a lot going on

but time and time again i have advised you in this thread to READ UP on things.

 

time and time again you have NOT. else the Q's you asked.. you would not be asking them.

 

YOU are the human thats going to be in front a JUDGE.

if you don't understand or research when advised there is an ever decreasing likelihood you will convince a judge and LOSE

 

IMHO it is not of the correct format/fonts/layout that an MBNA default notice usually looks likegoing by previous MBNA threads here and default notice layout 

 

[dx100uk]

sorry no, i must be blunt.

 

stop using perceived mental health issues as a goto excuse for in action upon your behalf.

it's an insult to those that really do suffer on a daily basis with not being able to even function at a basic level.

 

a dca, a court, a judge, will not careless.

 

you have been here since 2009 and know full well we are a selfhelp forum.

 

shame on you . your posts tell a different story.

 

wise up!

[dx100uk]

i would refuse mediation. 

 

MBNA DN for arrears ONLY, was dated by MBNA 09/01/21..a saturday.

get in touch date was stated as 25/09/21...thats a saturday too.

 

dn is 14 days + 2 days postage If it was posted by royal mail 1st class .... there is no sunday post.... urmm... and we know MBNA use UKMAIL which is classed as 2nd class post (4 days) by royal mail when it gets into their delivery system.....but i wouldn't be telling the fleecers that at mediation......