1st Credit Claimform - MBNA debt i never had - **DISCONTINUED**

[bazaar]

You might want to add that into your defense so the Judge has an idea of which way to go

[AnimalMagic]

Yes, I'm inclined to agree and also the other one about legibility of evidence, which I have been unable to locate...

[Viscount Stair]

The CCA Regs provide for copy documents to be easily legible.

 

Also, the Practice Direction on Evidence (supplementing Part 32) contains the following provision that may be what you were thinking about:

 

15.2

 

Every page of an exhibit should be clearly legible; typed copies of illegible documents should be included, paginated with ‘a’ numbers.

Edited February 4, 2009 by Viscount Stair
Changing font to make CPR extract about legibility legible itself!

[Out4Revenge]

HI, anything to report?

[AnimalMagic]

Nothing...

 

Suppose I should think about a further letter to the court asking why they haven't dismissed the case...?

[AnimalMagic]

I've heard absolutely nothing from the court or the claimant. Is it worth sending another letter to the court asking why the claim hasn't been dismissed? Do you normally get a response from Northampton or do they just fade away?

[I've got no money]

In case you haven't already asked if the debt has been assigned you want to request the actual assignment.

 

County Courts' don't usually respond to letters - you need to make an application on an N244 for an order that they provide the info requested (make sure that you include the Assignment in it)within 14 days (and pay your costs). When they don't comply with that order you then apply for an unless order - that is that unless they comply within a further 14 days that the claim is struck out. Again you also apply for costs

[GhostDebt]

Interesting thread.

Keep us posted please.

 

Regards

[AnimalMagic]

This morning I received a letter from Northampton Court stating the case is being transfered to my local court as the claimant has applied for a summary judgement. They have not responded to my letters and continue to fail to supply the information requested.

 

Anyone advise on what happens now? Do I get notification and time to respond to this request for summary judgement? Should I do anything or just wait?

[bazaar]

What dates are on the application? They havent responded to your legal requests for documents, I'm thinking of 2 ways here, either go for CPR 31.14 now that proceedings have started or you you go for strike out and claim back costs.

[AnimalMagic]

I haven't seen the application, all I have is a notice from Northampton saying the case is being transferred... That is dated 14 Sept 2009

[bazaar]

make sure you attend this, and take all the evidence of you sending them your legal requests for proof of debt, which they have ignored.

[AnimalMagic]

I have received the papers from the court.

 

It includes a witness statement from a paralegal at LCS Solicitors.

 

They state that a payment was made into the account in nov 2002, but provide no proof.

 

They also claim that they have sent all information to me. What I have received is an illegible document which looks like an application form for another company credit card account, a couple of internal documents which they claim are 'closing statements', a page printed from the web about MBNA acquiring Alliance and Leicester, a letter from MBNA to 1st Crud, a letter from MBNA to myself back in 2005.

 

They state I have no prospect of defending this claim.

 

In the letter from MBNA to 1st Crud, the writer claims that they no longer have historical data as the information is held on CD ROM and they are unable to recover it as CD ROMS 'become damaged after repeated use'...

 

Are the closing statements any evidence whatsoever?

 

Do they have any prospect of winning this?

[42man]

I think you'll need to answer the witness statement in response to theirs.

[42man]

As you have never had an account with MBNA, then I think this should be thrown out !!! You must not be a soft target......answer each point they make...

 

The defendant denies ever having had any kind of account with MBNA.

 

The defendant denies making any kind of payment in November 2002

 

The claimant has provided no legible agreement to comply with etc etc...

 

etc etc...

[AnimalMagic]

Thanks 42man - that was quick!

 

This is really getting tedious, but I guess I can cut and paste from previous defence, letters etc...

 

I can't see why they are proceeding... Do they have any prospect of winning whatsoever?

[42man]

I don't think they have to be honest, but you need to be bullish and confident about this......answer each point.

 

There are some examples here of other witness statements

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/148840-enforcable-agreement-mbna-help-6.html#post1877388

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/151709-help-10.html#post1891351

[42man]

I really think you should be applying an N244 to get this struck out, it is a vexatious and unlawful claim......

[42man]

I do hope you have reported them to the OFT also.....

[AnimalMagic]

Thanks again 42man,

 

So you think it's all bluff and bluster. I thought so to, but just wanted to hear it from someone else just in case there had been a decision I was unaware of

 

That witness statement looks remarkably like my initial draft defence

 

I have previously reported them to OFT, but with no response. This time I am taking the documentation to my MP, along with printouts of some of the cases here related to 1st Crud and their previous attempts at laying statutory demands on me. I thought I'd wait until the court case was settled first though.

 

I might try an N244 - I did start this earlier in the year, but events took over and I was too busy...

 

Regards

[42man]

Email / write to this chap too - BBC NEWS | Politics | Find Your MP | Harrow West | Gareth Thomas he is undersecretary of state for trade and consumer affairs...

[gaz2006]

As you have never had an account with MBNA, then I think this should be thrown out !!! You must not be a soft target......answer each point they make...

 

The defendant denies ever having had any kind of account with MBNA.

 

The defendant denies making any kind of payment in November 2002

 

The claimant has provided no legible agreement to comply with etc etc...

 

etc etc...

 

Also if youve not acknowledged anything ie the debt since 2002 it is

statute barred under 6 year rule limitation act regards Gaz

[AnimalMagic]

I've been reading through the Basic Introduction to Consumer Credit litigation thread to refresh my memory on the arguments and I see this comment:

A notice of assignment must be served upon you in order for a DCA to have a claim to the debt. This Notice of assignment must be absolute (that is they must have all the rights and duties of the contract) in order to sue in their own right.

How does one know that the assignment is absolute? Their text says:

MBNA has assigned to 1stCrud the full outstanding balance due under the agreement referred to above. As a result of this assignment, the full amount outstanding is due to 1stCrud immediately.

No mention of 'absolute'.

[AnimalMagic]

Also if youve not acknowledged anything ie the debt since 2002 it is

statute barred under 6 year rule limitation act regards Gaz

 

Except they started action in Nov 2008 and they claim, but fail to provide proof, that a payment was made on the account in Nov 2002.

[gaz2006]

Except they started action in Nov 2008 and they claim, but fail to provide proof, that a payment was made on the account in Nov 2002.

 

someone may know beter but I think then court action shoudl have started november 2008 to comply with limitation act not now ... but someone else may prove me wrong as not 100% sure on that