Elgrand vs MBNA

[Elgrand]

They have also sent a copy of what they are saying is on the back of the application terms and conditions not legible.

 

And a statement of account signed by someone at Experto

[AndyOrch]

Hi

 

Ok there letter is fairly typical and even a tad more polite than a normal response.They have requested said documentation.

The agreement is too small to view so you will have to enlarge it or post it through Photobucket.

Without the full knowledge of you case Elgrand what is your defence apart from waiting for documentation? One of the pitfalls that most LiPs here on Cag fall into is using the lack of disclosure as a means of defence.By all means request the documentation but dont rely on it to build a defence I am hoping you have other tangible reasons to base a defence.Most DJs can spot a debt avoidance defence at 30 yards, I'm not implying thats the case here but if a defence cant be drafted until said disclosure is furnished that would appear you are waiting for any defects within the paperwork to argue any alleged debt is unenforceable.

 

Regards

 

Andy

[Elgrand]

Hi Andy.

 

Thanks, I get the drift of what your saying.

 

Elg.

[Elgrand]

Just posting an update.

 

I decided to file a defence and managed to get it done on time. I recently contacted the court and they informed me that the claim is stayed.

 

Is there a time limit for a stayed claim?

 

Elg

[citizenB]

Just posting an update.

 

I decided to file a defence and managed to get it done on time. I recently contacted the court and they informed me that the claim is stayed.

 

Is there a time limit for a stayed claim?

 

 

 

Elg

 

Nope, there have some stays in place for 2 years !!

 

I am wondering if they dont have the documents they require, in which case they can initiate action, but not obtain judgment??

 

IMHO, I would make sure you continue to strengthen your arguments just in case. I dont know whether you would maybe later on.. say in 3 months time, if they havent started action. Apply to have their claim struck out.. you would have to speak to someone with more legal knowledge.

[Elgrand]

Thanks citizenB

 

I will do some more research and wait and see whether they proceed or not.

 

Elg

[citizenB]

I dont know how I missed it.. but you arent in the legal issues forums.. so I am relocating you

[Elgrand]

Just an update

 

Have received aletter from Aktiv Kapital, saying they have recently purchased the account from Varde and now the current balance they quote has risen by an extra 600 pounds.

 

And they also state they are asking Experto to continue contacting me.

 

Any comments most welcome

 

 

 

Elg

[citizenB]

IMHO, I would simply send them a letter asking if they have notified the court of the change of ownership/solicitor... quoting all the court references.

 

IMHO also.. I do not think they can increase the debt whilst it is awaiting a judgment

 

Something along the lines of : -

 

 

Dear Sirs

 

Account references

 

Court references

Court action stayed as of : (You will need to telephone northampton and ask the status of the claim ie.. when the claim was stayed)

 

 

I refer to your letter dated.. ????

 

Perhaps you have not been advised that this account is subject to a court claim that is currently stayed by order of the court. Details as above.

 

I am of the understanding that if you are to continue with this claim then you must do so on application to the court. You will of course also require to make application to the court for change of Claimant and Solicitor.

 

It would also appear that the amount you are currently pursuing appears to be somewhat higher than on the claim form - if you are claiming for solicitors fees where a judgment has not been awarded, I understand that to be an abuse of process.

 

Please acknowledge this letter and advise by return.

 

Yours etc.

[Elgrand]

Hi citizenB

 

Thank you once again for your help.

 

I will update with their response

 

Elg

[citizenB]