Re: Me vs MBNA court case looming help please / **DISCONTINUED**

[redsue]

pi-stoff you may get some more help and advice if you ask a mod to move your thread into Legal Issues.

If you click on the red triangle I think it alerts a mod to your thread.

There will also be plenty of people in that thread who are sharing a similar experience as you.

 

good luck

[Mr Happy]

The report triangle is only to be used for reporting spam and forum nasties, I am a bit reluctant to use it.

 

I do need help quite soon as I am sure MBNA will delay any information as long as they can.

[citizenB]

Pi-stoff, why are you sending a CCA if you are already at the court claim stage. I would send the letter provided by surfaceagentx20 in 1st page in the following link...

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

I will ask a mod/site helper to move your thread to legal issues for you.

[42man]

Moving to legal issues

[Mr Happy]

Pi-stoff, why are you sending a CCA if you are already at the court claim stage. I would send the letter provided by surfaceagentx20 in 1st page in the following link...

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

I will ask a mod/site helper to move your thread to legal issues for you.

 

 

Thanks for your help so far.

 

The answer to your first question is, I do not know why, I do not know what to do that is why I am here.

 

I have copied the letter at the link you provided and will amend my details, do I send it to MBNA or the courts, I guess MBNA but how or what do I tell the courts as I have 12 days to respond.

[citizenB]

Thanks for your help so far.

 

The answer to your first question is, I do not know why, I do not know what to do that is why I am here.

 

I have copied the letter at the link you provided and will amend my details, do I send it to MBNA or the courts, I guess MBNA but how or what do I tell the courts as I have 12 days to respond.

 

Please forgive me, it was a genuine enquiry.. not intended as sarcasm or to embarrass you in any way.

 

You will need to send the letter as provided by X20 to the person named on the claim form. If it is a solicitor, then it goes to them. They have the responsibility of providing all the information to the courts. If they need to go to MBNA, so be it.. but they should do that.. not you.

 

PS, with X20's letter you do not have to enclose any fee.

[bazaar]

Hi PI-Stoff, once youve sent x20 letter you can relax a little, (only a little:))

You will need to acknowledge the claim with Northampton also, please ask questions before doing so, that way someone can advise the wording to use.

As regards the calls from India, well its up to you how you handle them, You sound like you dont have the cash for recording the calls, but reporting them to BT and sending them the harrassment letter thats in the template section will strengthen your case.

If you want to have some fun with them, then I suggest you follow Fuzzybobbles threads, here :>

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131409-cheekiness-towards-dca-196.html

 

Be warned its a very long thread, but should let you know how to handle the people making the calls.

 

good luck

[Mr Happy]

I have scanned a copy of the claim can anyone suggest what to put to the court to let them know I am requesting the information on the x20 letter.

 

I have had trouble with scans being too small but I have tried a different graphics package this time.

 

If anyone could suggest what needs to change in the x20 letter itself would just confirm if I have done it correctly.

 

Another thing it lists my address as County "Avon" on the form, Avon no longer exists as a county could that be used to my advantage?

 

 

*Edit*

The scan again has come out as a thumbnail, its OK on my computer shrinks on upload.

 

I have copied the text here.

 

The claimant claims payment of overdue balance due from the defendant undera contract dated on or about 18/9/1997 in the sum of 21657.75 inclusive of interest to the date of this summons at 8% per annum from 04/11/08 to 13/11/08.

 

Particulars a/c no: XXXXXXXXXXXXXXXXXXXXX

 

Date Item Value

04/11/2008 Default balance 21657.75

Post Refrl Cr NIL

 

13/11/2008 Interest 42.64

Total 2.657.75

 

Together with Interest pursuant to s69 county courts Act 19 at the rate of 473.76 per day to the date of Judgment or sooner payment.

Edited November 20, 2008 by Pi-stoff

[citizenB]

Okey dokey, yes your thumbnail doesnt seem to enlarge does it.. never mind you have typed it out and they dont really say very much at all do they !!.. You havent requested sight of these documents before the letter to reflect that. Did you receive a Default notice or termination notice before they issued the county court claim ?. You need to get this out ASAP, send at the very least recorded delivery, but Special Delivery would be much better. HTH.

 

HIGHLIGHTED IN RED = NEEDS TO BE DELETED

HIGHLIGHTED IN BLUE = NEEDS TO BE AMENDED TO DOCUMENTS YOU REQUIRE

 

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

[Mr Happy]

Having looked at my manage attachments screen that is the max size I can have so thumbnails is all im entitled to.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

 

None of these are mentioned in the particulars of claim, I am not sure what they are or if I should have them, I do not have them at present.

 

I will send it special I have postal credit at my post office for my business.

 

 

[citizenB]

If you havent already sent your letter off, I would leave in the 3 - the default notice. Dont forget to renumber it ... 2.. though. I think they should have sent you one BEFORE heading towards court so it will be interesting to see if one is produced.. but take out all the other bits in blue.

 

A default notice is usually issued after about 3 non payments, the notice advises you are in default of parts of their terms and conditions and by how much and when you need to remedy the situation before they take further action.. such as issuing a claim through the county courts

[Mr Happy]

Ok it is now ready to go, do I sign it, I know signing things have been a bit suspect in the past so not sure on this.

 

Do I need to let the court know or do I wait for the conclusion of this letter.

[citizenB]

Excellent, no, dont sign the letter to the solicitors. You dont need to send a copy to the court, but have it in your bundle if and when it goes that far.

 

There is still plenty of time for them to pull out.

[Docman]

I think the line in the Particlars of Claim that has "contract dated on or about 18/9/1997" rather gives the game away. I doubt they have an agreement. Make sure you send the Acknowledgment of Service online as soon as possible. We can then look at a formal defence.

[Andyorch]

I would also advocate sending the CCA sec 78 request also,very rarely a CPR is responded to so you will be no further on when it comes to submitting your defence.With the CCA request this can not be ignored and does place the Claimant in default the CPR does not.

 

The Claimant can choose to respond or ignore or drag it out for ever and again this does not put the claimant in default only the CCA request does.

Logic really you come to submit your defence no response to CPR!!! no way of assetaining is there a valid enforcable CCA you are fighting in the dark springs to mind.

Scenario 2 you come to submit your defence they have either complied to you valid legal request made with your statuary £1.00 or ignored and are in default or have complied and you have the the CCA to hand to enable you to draft a far more particularised and stronger defence.All the above for the sake of a £1.00 now that beats Lidl:)

 

Regards

 

Andy

[Mr Happy]

I think the line in the Particlars of Claim that has "contract dated on or about 18/9/1997" rather gives the game away. I doubt they have an agreement. Make sure you send the Acknowledgment of Service online as soon as possible. We can then look at a formal defence.

 

 

What do I put as the acknowledgement of service?

 

I guess defend all of this claim but I like to make double sure on everything.

[citizenB]

What do I put as the acknowledgement of service?

 

I guess defend all of this claim but I like to make double sure on everything.

 

Yes you should dispute the whole amount.

[Mr Happy]

I have sent the letter.

 

So what can the outcome be, best or worst scenario.

 

What if they haven't got the agreement, are all debts forgotten.

 

What if they have, am I committed to paying it despite not having any hope of doing so in my current circumstances.

 

I'm not sure what I am hoping to achieve.

[Mr Happy]

Just a little bump here.

[citizenB]

I have sent the letter.

 

So what can the outcome be, best or worst scenario.

 

What if they haven't got the agreement, are all debts forgotten.

 

What if they have, am I committed to paying it despite not having any hope of doing so in my current circumstances.

 

I'm not sure what I am hoping to achieve.

 

Hi P,

 

This is really only a question you can answer.

 

Some CAGers would like the debt written off.. NO CCA - no debt

 

Unenforceable document, perhaps you would feel morally obliged to come to an arrangement to repay some by way of a full and final settlement. However, before you even consider that option, have a read of the post in the link below.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1829651.html

 

 

Worse case scenario....

 

In the unlikely event that they do have an agreement and it is enforceable, the judge is unlikely to make you offer more than you can afford. The only problem there could be if you have equity in your home a charging order could be sought. That isnt as bad as it sounds and can be fought successfully.

[Mr Happy]

I have had a response to my x20 letter from Restons Solicitors

 

 

Ref Blah Blah Blah

 

 

We hereby return your document dated 20 November 2008,

 

It is not our policy to respond to unsigned, draft documents

 

Yourrs faithfully

Big squiggle.

 

This gives me the impression they have no agreement.

 

Any suggestions for a reply or just wait for the CCA request.

[citizenB]

Hmm, sounds like they want to play mind games. The request does not need your signature and if they are unsure of who you say you are, how come they served a court claim to you

 

There is no requirement for you sign the letter so, I think you could probably return the letter with a covering note advising that it wasnt a draft, but a legitimate request for information which they have a duty to supply to you. They having instigated court proceedings. They were pretty certain you are you when they arranged for the court papers to be served on you ... without having sight of your signature !.

 

Hopefully, someone with more knowledge will pop in and advise you.

 

 

Alternatively you could use a computer generated signature. Johnnymitch has suggested using the following font

 

Andrew B Jackson

which is ''Bradley Itc Hand'' (16)

Edited November 26, 2008 by citizenB

[redsue]

It is not our policy to respond to unsigned, draft documents

 

I also would add to CB comments

 

it's not my policy to roll over a pay you without proof of a properly executed credit agreement

[creditcardmug]

I haven't done that yet, am I too late?

 

I do not have enough money for food £10 is a fortune at the moment.

I feel like such a failure.

 

Hi, dont bother with the SAR for the moment, suggest you do the CCA request Do Not sign the letter just type your name, enclose £1 PO not a cheque, send by recorded keep the reciept (cost about £1.40).

 

Now to the court claim, a few questions,

 

what is the date of issue on it?

can you post up or type out the Particulars of Claim word for word (minus anything which might identify you)?

have you ever had a Default Notice for this account?

[Andyorch]

I have had a response to my x20 letter from Restons Solicitors

 

 

 

 

This gives me the impression they have no agreement.

 

Any suggestions for a reply or just wait for the CCA request.

 

Hence my suggestion in post 40 you have requested a seperate CCA sec 78 and if so what date will they be in default?

 

Regards

 

Andy;)