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

[42man]

I think this action has been going on since September 2008 ?

[AnimalMagic]

Yes, I just checked my defence, it is dated Sept 2008. So long ago I had forgotten when it started

[citizenB]

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?

 

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.

 

You need to respond to each of the points in their Witness statement.

 

Almost certainly you need to put them to strict proof that a payment was made in 2002.

 

Have you been given a court date for the SJ ? You will need to have your witness statement to the court and them 7 days before the hearing.

 

I wonder if there is a time by when they have to act on the original claim.. a year later asking for a SJ seems odd ?

 

I guess that is somethng you could address in your witness statement as well.

[AnimalMagic]

Almost certainly you need to put them to strict proof that a payment was made in 2002.

 

I will deal with this as well, however I think the key here is that the agreement number doesn't match up with the original application/agreement and they have not made any connection. Without an agreement, they cannot enforce, no?

 

In their witness statement, they are claiming the agreement number was allocated to the account, but the original agreement is chase manhattan and the agreement number is MBNA (identified by the first 4-6 digits). It has been hand written on the application/agreement, but could not possibly have been allocated to that account.

[citizenB]

I will deal with this as well, however I think the key here is that the agreement number doesn't match up with the original application/agreement and they have not made any connection. Without an agreement, they cannot enforce, no?

 

In their witness statement, they are claiming the agreement number was allocated to the account, but the original agreement is chase manhattan and the agreement number is MBNA (identified by the first 4-6 digits). It has been hand written on the application/agreement, but could not possibly have been allocated to that account.

 

They shouldnt be able to .. no

 

These account numbers are a nightmare. They cant just change them I would have thought. An agreement cannot be altered after signature. They should have got you to sign a new one I think.

[bazaar]

As regards their statement that CD roms get damaged, check out Kodak or any manufacturer. Their results from accelerated aging tests say they will last up to 100 years. So if it were me, I would ask which make of CD rom they have your data on, then hit them with the info from the manufacturer, I'd make it a point of humiliation to the paralegal for trying such a cretinous statment.

[AnimalMagic]

I have just received this morning an offer from 1st Credit to clear outstanding debt by paying just 25%. They've increased the amount they claim I owe by about £400, but are giving me a wopping 75% discount on a debt I know nothing about... How generous!

 

Sadly the deadline is 31 Oct..., too bad

[citizenB]

I have just received this morning an offer from 1st Credit to clear outstanding debt by paying just 25%. They've increased the amount they claim I owe by about £400, but are giving me a wopping 75% discount on a debt I know nothing about... How generous!

 

Sadly the deadline is 31 Oct..., too bad

 

They might give you an extension on that deadline if you were interested:rolleyes:

[AnimalMagic]

I'm back from court. The judge threw out their application for summary judgement and gave them another 6 weeks to provide the information! Their own evidence says they don't have it, but they still get extra time...!:-?

 

Seemed to feel the illegible agreement was fine, even though it was for a different company and different account number...

[bazaar]

well thats good news, theyve already stated to court they dont have it or to you?

Perjury

[AnimalMagic]

In their evidence, letter from MBNA saying they couldn't access the records as the CDRom had worn out. I asked the judge how they knew a transaction had taken place (stated in their statement of truth) just within the 6 year limitation period when they couldn't access the transactions...

 

It seems they can lie with impunity so I don't hold much hope for perjury

[AnimalMagic]

Received court order saturday, initially I thought what a waste of time, but then on second reading today I noticed

All the original documents must be bought to the court on the day of the trial

followed by

If you do not comply, the trial may not proceed and you may have to pay wasted costs order.

I think I might now understand the sly grin the Judge gave me...

[bazaar]

Get that wasted costs order ready:D

[42man]

Excellent !!!

[biffinplate]

subbing

[AnimalMagic]

Today is the deadline and we have received the post and nothing from the Claimant...

 

I suspect they will try the 'spring it on them on the day' trick or simply not turn up...?

[GhostDebt]

Evening Animal.

 

keep us posted, hope it goes ok.

[AnimalMagic]

Got my answer today - notice of discontinuance...

 

So how do I go about a wasted costs order?

[42man]

Great news AM...a couple of useful threads for you.

 

PART 38 - DISCONTINUANCE - Ministry of Justice

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/134172-sharpman-nationwide-credit-card-6.html#post1805020

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/163222-welcome-cohens-case-withdrawn-12.html#post2171743

[citizenB]

Got my answer today - notice of discontinuance...

 

So how do I go about a wasted costs order?

 

Excellent news.

 

 

I will change your title for you. 42man has popped some links in the previous post for wasted costs.

Edited December 23, 2009 by citizenB
amended title

[GhostDebt]

Good result, well done.

[AnimalMagic]

Reading part 38 I note:

 

38.6.(3)This rule does not apply to claims allocated to the small claims track.

 

Would it not be better to quote part 27.14 which is specific to small claims?

 

If I apply to the courts for a wasted costs order is there a form? Or do I just send a letter?

[citizenB]

Here you go, a few links to Wasted Costs.

 

WASTED COSTS THREADS

 

 

Have a look at the pdf's that Surfaceagentx20 has attached at the bottom of the post on a letter for wasted costs -

 

Surfaceagentx20 wasted costs

 

also

 

Liabilty for Costs CPR 38.6

 

Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

 

Welcome/Cohens - case withdrawn ***WOO-HOO ***

 

have a look at this post by IGNM on costs as well -

 

IGNM post on costs

 

 

[AnimalMagic]

Ah ha! sfx was the one I'd seen before but couldn't locate

 

Thanks a lot guys...

[postggj]

Best Christmas Present Ever

 

That Goes For You

And 1st Crud

 

No Christmas Bonus For Them Now