Arrow/Drydens PAPLOC Now Claimform - old MBNA Card debt

[dx100uk]

On 09/02/2023 at 20:01, dx100uk said:

you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

[yodabug]

Morning all

 

£10 donated.  

 

 

I have only recieved a letter from drydens stating that they ' acknowledge receipt of your request CPR blah blah blah.......

 

So since sending off CPR and new CCA since claimform I have not recieved any relevant paperwork, so,  at this present time - just doing standard - not holding defence as follows : - this could change should postie turn up something tomorrow ( and have suitable response prepared for that outcome )

 

***************** FINAL DEFENCE EDIT ****************

 

Particulars Of Claim ( for reference purposes only )

 

1 ) The claim is for the sum of £4000.00 in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account number **************** upon which the defendant failed to maintain payments 

 

2 ) a default notice was served upon the defendant and has not been complied with

 

3 ) the balance owed was assigned by MBNA to the claimant, and the defendant has been notified of the assignment by letter

 

 

 

 

************************* FINAL 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, and have therefore sought clarity from the claimant by way of a Section 78 request and a CPR 31.14 request.

 

3 Paragraph 2 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the consumer credit

Act 1974. I have sought verification from the claimant regarding this matter and they have been unable to comply.

 

4 Paragraph 3 is denied .  I am unaware of any Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) and therefore requested a further copy from the claimant which they have yet to provide.

 

5 It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed 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 with the Claimant; and

(b) show and evidence the nature of any breach and Default Notice;

(c) show how the Defendant 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;

 

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.

 

 

I know two days premature.  Just getting ducks in line.

 

Thanks 

[honeybee13]

Thank you for the donation, much appreciated.    I expect people will be along to advise later.

 

HB

[dx100uk]

Looks perfect to me.

 

Dx

[AndyOrch]

Quote

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

 

The claim does not state you entered into an agreement with them...change to :-

 

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

 

 

Rest is fine.

 

Andy

[yodabug]

thanks Andy - unfortunately I just submitted the defence - BEFORE i saw your message. Boll**.

 

is there Anyway to amend it now ?  its submitted via MCOL ?

[AndyOrch]

No but not to worry