Being taken to court...please help I'm scared Re: MBNA.

[mollybe]

Hi

 

I have another thread with this title still ongoing regarding RBOS. In the middle of getting advice I received a County Court Claim form from Northampton issued by MBNA. I received some excellent advice but was also advised to start a new thread as it was getting a little confusing having 2 different cases on one thread. I now also need help with the MBNA claim as I have received an AQ N149 which I need to complete and return by 25th March.

 

Just to recap:

 

The POC on the Claim form are:

 

the POC are as follows.......

 

.......By a credit agreement in writing between MBNA Europe Bank Limited (MBNA) and the Defendant dated 29/07/2005 (the agreement), MBNA agreed to issue the Defendant with a Credit Card upon the terms & conditions set out therein. In breach of the agreement, the Defendant has failed to make payments of not less than the minimum payment shown on the monthly statement. The Agreement was assigned to the Claimant on 22/05/2008. The claimant served a default notice on the defendant stating the amount due & requiring the Defendant to pay the same. The Defendant failed to pay and the agreement wad terminated. THE CLAIMANT THEREFORE CLAIMS: 1. 2717.40. 2. Interest at the rate persuant to the Agreement namely 0.00 & continuing until Judgement or sooner payment at the daily rate of 0.00 or in the alternative interest persuant to section 69 of the County Courts Act 1984. Also, interest at the rate persuant to the Agreement from the Judgment date until payment....

 

As for the CCA, as I said I cannot be sure if I have requested one for the company or not so I don't know where I stand with that. All, I know is that I do not have one.

 

On 6th January I sent a CPR 31:14 and CCA request special delivery.

 

I then received a letter on 14th January stating that a copy of my original agreement had been requested from the creditor and would be forwarded to me on receipt.

 

I was advised to file a minimum defence online asking to be able to amend when the requested paperwork arrived which I did.

 

Since then I have received nothing at all from them until today when I received a AQ form N149.

 

Can anyone please advise. I have had no CCA, no statements, nothing.

 

Do they not have a certain time to send me this paperwork. How can I check the figures if I have no Paperwork to check it against. I was of the understanding that it was 40 days. It is now 10th March...and nothing.

 

What do I do?

[BankFodder]

What did you say in your defence?

 

In the AQ there will be an opportuity for you to ask the judge to make directions.

You should ask the judge to direct that the statutory request for a true copy of your CCA contained in your letter of XXdateXX be complied with.

[mollybe]

Hi Bankfodder,

 

I submitted the embarrassed defence below:

 

Defence

 

1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx

 

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due,or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

4. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof

 

5. I respectfully request the courts permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim

[GamekeeperToPoacher]

Subbing

 

sub

Edited February 20, 2010 by citizenB

[BankFodder]

OK. You should have specifically pleaded that you had made a statutory CCAS request - but it's not a serious omission.

Complete the AQ as I have suggested

[mollybe]

Thanks bankfodder...I will fill in as much of the AQ as I can but I may need some more help please.

[mollybe]

Bump

 

Bump

Edited February 20, 2010 by citizenB
merging posts that add nothing to thread

[mollybe]

Can Andy or anyone help me with this? It is a different court claim to my other thread so I have split them to make it less confusing...I hope.

 

Cheers

Molly

[AndyOrch]

Hi Mollybe

 

Im pleased you got the AQ away on time on your other thread.Ok N149 here goes:-

 

The AQ you have received can be completed by downloading Form N149 as a pdf and completing it in type, changing it around and only printing it when you're satisfied.

Here's what to say beginning first with the title and then on to Sections A, B etc in alphabetical order. You should also read the notes on page 4 and Form N512. Print this post off to help.

State:

The title

Your name

You're the Defendant

The name of the court

The claim number (found on the Claim Form you got)

The last date for filing (found on the paper AQ you were sent)

A

Tick 'Yes'

B

Tick 'No'

C

Tick 'Yes'

D

Answer 'One' (that'll be you)

E

Tick 'No' and ignore the remainder of section E

F

If you are going to be unable to attend a hearing at any time between say 1 October and 31 January, tick 'Yes' and identify those dates in the box adjacent to 'Yourself', otherwise tick 'No'

G

Say 'The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest. By a letter dated ( ) I asked the Claimant to provide proper particualrs of the claim. A copy of the letter is attached. I have received no answer to my letter.

I propose the following directions:

1 Unless the Claimant shall have by (date) filed and served upon the Defendant fully particularised Particulars of Claim comprising but not limited to particulars of the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest, the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessmwent proceedings if not agreed.

2 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and there shall be a stay of proceedings until (date) to enable the parties to settle using the small claims mediation service'

H

Tick 'No'

I

Sign, date and fill in your address at which you want documents about the case to be delivered.

Then return it to the court along with the a copy to the Claimants Sols (pref unsigned)and wait a few weeks whilst it gets in front of a Judge who will decide whether to manage the case in the way you / I propose or by some other way. Sit back and relax.

 

Regards

 

Andy

[mollybe]

Thanks for that Andy...will do. Do I need to do anything at this stage about them ignoring my requests for all the paperwork which I sent on 6th January?

[AndyOrch]

What exactly have you requested Mollybe, by date using which request forms?

 

 

ok ignore above just seen post 1 CPR 31.14 and CCA 6th jan.

 

 

Andy

[AndyOrch]

How long did you stipulate on your CPR 31.14?

You need to edit the above into your AQ in your propsed Directions ie sent CPR/CCA such a date and that the Claimant is in default of your request etc.

 

Regards

 

Andy

[mollybe]

Okay Andy...I've got that. Thank you so much once again. Your scales are well and truly tipped!!

[AndyOrch]

Okay Andy...I've got that. Thank you so much once again. Your scales are well and truly tipped!!

 

 

Why thank you kind lady:)

 

Just post if you need anything else Mollybe im always notified by email even if im not on the forum

 

Kindest Regards

 

Andy:cool:

[mollybe]

Hi again,

 

I am just completing my AQN149 and have a quick question. I have just realised that the credit card debt they are chasing is in my husbands name only. Its just a thought but are they still entitled to put a charge on the house when it is in joint names? I'm sure I read something about this somewhere but I may have been dreaming!

 

Also, one other quickie. I have searched the site for somewhere to ask this but I don't know the correct place to put it. I have a car loan with Peugeot Financial Services which is due to end soon. I asked for a statement of account which I have received and am horrified with the amount of late penalty charges on there. Am I able to claim these back? Are they the same as bank charges or not?

 

I would be really grateful if someone can answer this on here or alternative let me know where I should put the question.

 

Cheers

Moll

[mollybe]

bump

[AndyOrch]

Hi again,

 

I am just completing my AQN149 and have a quick question. I have just realised that the credit card debt they are chasing is in my husbands name only. Its just a thought but are they still entitled to put a charge on the house when it is in joint names? I'm sure I read something about this somewhere but I may have been dreaming! Not 100% sure but i think they can proceed with a CO on a joint owned property.

The District judge will take into account your personal circumstances and whether, in granting the order, that it will unfairly prejudice the other creditors.

In looking at your circumstances, accounts will be taken of any serious illness or disability of a family member living at the house.

 

Also, one other quickie. I have searched the site for somewhere to ask this but I don't know the correct place to put it. I have a car loan with Peugeot Financial Services which is due to end soon. I asked for a statement of account which I have received and am horrified with the amount of late penalty charges on there. Am I able to claim these back? Are they the same as bank charges or not? Yes

 

I would be really grateful if someone can answer this on here or alternative let me know where I should put the question.

 

Cheers

Moll

 

Regards

 

Andy

[mollybe]

Hi Andy,,,again.

 

I am now filling in the AQ which I will send special delivery today. I have come to section G and in particular the sentence 'By a letter dated () I asked the Claimant to provide fullu particularised particulars of claim etc. I have never done this...only sent the CCA?CPR request. Do I insert this info instead.

[AndyOrch]

Hi Andy,,,again.

 

I am now filling in the AQ which I will send special delivery today. I have come to section G and in particular the sentence 'By a letter dated () I asked the Claimant to provide fullu particularised particulars of claim etc. I have never done this...only sent the CCA?CPR request. Do I insert this info instead.

Yes Mollybe

 

 

Andy:cool:

[mollybe]

Can anyone please help me further with this.

 

In ASpril I received a letter from the court that the claim was stayed until 20th May 2009 to enable the parties to attempt settlement.

 

On or before 3rd June 2009 one of the following steps must be taken...it goes on to list the options.

 

Yesterday I received a letter from the solicitors saying the following.

 

We write in response to your defence dated 4th February 2009.

 

We enclose a copy of your drecit card agreement. (I will upload this later)

 

We note from our clients records that you have been making consecutive monthly instalments, we therefore believe that the grounds on which you intend to defend the claim are misconceived as the payment received is an admission to the above claim.

 

We can confirm that the documentation requested in your defence has been requested from our client and will be supplied in due course.

 

They then go on the make an offer of settlement which I haven't a hope of paying. It states I have 21 days to accept the offer and various other things which I can type out if need be.

 

Looking at this they have to give a decision to the court today as to how they wish to proceed but I have only received this credit agreement and absolutely nothing else, so I cannot figure out if there are any charges on there.

 

I requested this information from them on 6th January 2009, how can they justify it taking so long to send it to me?

 

Can anyone please help and also take a look at this Credit Agreement to make sure it is okay.

 

http://i390.photobucket.com/albums/oo343/Mollybe59/MBNACreditAgreement.jpg

 

I have also noticed on this agreement that there is a section for PPI. The box is not ticked but my OH has signed it, however he was retired from work at the time so we didn't need PPI. I am confused!

[someone_else]

First make sure the court form didn't order you to do anything, as they may not tell the Court they are awaiting docs and continue onwards.

 

It's upto you if you wish to accept the settlement or not.

 

Though without statements it's hard to know how much you do infact owe them if anything atall.

 

If you have been making payments do you have a record of them (if you do it may be best to type the dates and amounts into a spreadsheet) so if they provide statements and a default notice (That I take it they haven't provided) you can compare what they say to your records.

 

Is that scan what they sent you - nothing else, and is your copy more readable as it's not very clear.

 

I'm not an expert on agreements, but the PPI and Data Protection boxes both reference a paragraph number, but I cannot make out the number. Can you check to see if the paragraphs they refer to are on the agreement. This Post lets you know what should be on the agreement

 

Though if they cannot provide statements or a default notice the agreement may not matter.

 

Who's taken you to court MBNA or another company? If not MBNA then they'll need a notice of assignment aswell.

 

Their failure to still provide documents can go in your defence.

 

Did the court order them to produce documents or was it just stayed after the AQ stage?

[mollybe]

Hi someone else,

 

How do I make sure the court are not doing anything? They won't speak to my on the phone as it is in my OH name and he is still recoevering from a heart attack and has to avoid stress. That is why I am dealing with everything.

 

I have been making token payments online for months so I would have to get together all my bank statements to check how much I have paid.

 

The document I have scanned is all they have sent me. It is pretty hard to read but I can make most of it out...just. The Data Protection box refers me to paragraph 13 & 14 of the terms and condidtions provided but I cannot see those paragraphs on the document I have. The PPI box refers to paragraphs but I cannot make out the numbers. I have tried enlarging the image but it just goes blurry.

 

The claimant is Arrow Global and all letters come from Mortimer Clarke.

 

As far as I know it was just stayed after AQ stage.

[r&b]

How do I make sure the court are not doing anything? They won't speak to my on the phone as it is in my OH name and he is still recoevering from a heart attack and has to avoid stress. That is why I am dealing with everything.

 

 

can u not write to the other side and the court explaining the situation and asking for a stay (if not already in place) until such time as he recovers?

[mollybe]

I have just spoken to a lday at the court. She explained that she couldn't go into detail with me as it is my husbands case but she said everything is as it should be. She also said that the case had been flagged on the computer and will be returned to the judge.

 

She also advised me to write a letter to the court explaining my perspective but I am unsure of what to write.

[r&b]

molly, id just write the facts as they are. clearly your husband is in no fit state to proceed or even handle the basics. you are not aloowed access to the relevant information and you obviously have any medical evidence they wish to peruse.

if you really are stuck try a little tinkle of the red triangle, im sure a site member will be able to give u a definitive answer. i unfortunately, am talking from common sense as opposed to hard n fast knowledge, which i hope in this case to be correct.

best of luck with this and OHs recovery.