AK Claimform - MBNA card 'debt'

[MeeBroke]

Thanks Andy

 

The letter from the court (above) says I must complete and submit on or before 23 Sept and the SJ hearing isn't until the 21 Oct.

 

MB

[AndyOrch]

Well you will have to download but have you checked why you have not been served with the DQ?

[AndyOrch]

Just remembered this is your second DQ so disregard the above...you must download it yourself.

[MeeBroke]

Just remembered this is your second DQ so disregard the above...you must download it yourself.

 

Thanks Andy, assume it will be an exact copy of the first?

 

MB

[AndyOrch]

More or less but without settlement and you can can request/add further disclosure if you are still missing any document that your defence relies upon.

[MeeBroke]

More or less but without settlement and you can can request/add further disclosure if you are still missing any document that your defence relies upon.

 

No one has ever produced a legible copy of an agreement. Even the document they say is the agreement is a photocopy of a microfiche copy-and cannot be read. Can I demand a legible copy?

 

Thanks

MB

[AndyOrch]

Did you state that within your defence ?

 

If they cant disclose a legible copy then you can argue: -

 

the agreement is difficult to read and illegible and as such would make the agreement unenforceable in a court of law as specified in The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557).

 

Regulation 2 states:

 

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

Regards

 

Andy

[MeeBroke]

Did you state that within your defence ?

 

Regards

 

Andy

 

I didn't mention it specifically. I thought they might have the original but it's pretty clear now that they don't. I hope it's not too late.

 

MB

 

Defence:

 

1. Paragraph 1 is admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with the MBNA Europe Bank Limited. However, it is denied in that the agreement was unlawfully rescinded by MBNA.

 

2. Paragraph 2 is admitted but it is denied that MBNA ever served a Default Notice pursuant to the CCA1974. The claimant also failed to serve any Notice of Sums Arrears since assignment pursuant to the CCA2006 amendments (sec 86C ) and precluded from adding any interest or seeking enforcement or relief until such time it is served.

 

3. Paragraph 4 is admitted regarding the Notice of Assignment. The Claimant is put to strict proof to:

 

(a) show service of a valid Default Notice and proof of delivery

(b) show how the Claimant has legal right by way of the Credit Consumer Agreement and Terms and conditions applicable

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. Incorporated within the sum demanded by the Claimant are sums claimed for administration fees, late payment charges and like provisions. It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges if incurred accurately represent sums lost by the Claimant by reason of late payment. The Defendant avers that the incorporation of such claims is penal and unenforceable at law.

 

5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited September 9, 2013 by MeeBroke

[AndyOrch]

Ok well you can bring that in at your Witness Statement

[MeeBroke]

Ok well you can bring that in at your Witness Statement

 

Many thanks Andy, I'll do that.

 

MB

[Old Cogger]

Default of proof of delivery is a no go as they accept that a default sent out, and no provision say by recorded delivery, that is what I came across twice now in court = just an observation.

[MeeBroke]

Default of proof of delivery is a no go as they accept that a default sent out, and no provision say by recorded delivery, that is what I came across twice now in court = just an observation.

 

Sorry Mike, I'm not sure what you mean?

 

MB

[Guest]

maybe that it is usually accepted that they 'would've' sent one out? their auto comms logs should show whether one was 'issued' or not. and if so, then likely to be accepted was sent? no requirement for recorded delivery.

[Old Cogger]

maybe that it is usually accepted that they 'would've' sent one out? their auto comms logs should show whether one was 'issued' or not. and if so, then likely to be accepted was sent? no requirement for recorded delivery.

 

 

as stated here!

[MeeBroke]

as stated here!

 

Just not sure how that applies to my situation?

[Old Cogger]

coms log will state Default sent out as per regulation, but is not sent Recored Delivery or such like, if you have a copy of default then you can see if it is correct or is incorrect, I asked for a copy because I was told they do not hold copies on fil = wrong I had 2 copies over a period of time from two different sources, albeit they wer cop original (Faulty) judge dismissed the argument ( judge was wrong again) I know this Judge on two occasions and pointed out her error but was told to be quiet as any length of time to remedy I would not have been able to confirm, == so just be wary different judges interpreate the rules to suit their thouhgt and unless you afford High Court Appeals they got you over a barrel p- albeit I am putting cases to gether to reguklators etc (some say wasting my time), heard that before regarding Government departments (they were wrong in the end but took long time)

[MeeBroke]

coms log will state Default sent out as per regulation, but is not sent Recored Delivery or such like, if you have a copy of default then you can see if it is correct or is incorrect, I asked for a copy because I was told they do not hold copies on fil = wrong I had 2 copies over a period of time from two different sources, albeit they wer cop original (Faulty) judge dismissed the argument ( judge was wrong again) I know this Judge on two occasions and pointed out her error but was told to be quiet as any length of time to remedy I would not have been able to confirm, == so just be wary different judges interpreate the rules to suit their thouhgt and unless you afford High Court Appeals they got you over a barrel p- albeit I am putting cases to gether to reguklators etc (some say wasting my time), heard that before regarding Government departments (they were wrong in the end but took long time)

 

I have the original Default Notice and the envelope it came in, both proving not enough time was given.

[AndyOrch]

I have the original Default Notice and the envelope it came in, both proving not enough time was given.

 

Does not apply to your defence MB..you have the proof and hard copies.

[Guest]

I have the original Default Notice and the envelope it came in, both proving not enough time was given.

 

prob crossed wires there then meebroke, as you said in your defence #374 that you were putting them to proof of delivery of the def notice. but, as said you have received it!

[MeeBroke]

Thanks for your continued input everyone, genuinely and greatly appreciated.

 

Will start to work on WS in earnest this weekend.

 

One other interesting fact is that after receiving the (defective) default notice, and during the remedy period, mbna wrote to me telling me that they were investigating my complaint(s) and would get back to me by a date after the remedy date. They defaulted the account before that date. They eventually wrote back about their investigation about a year later. Both letters retained.

 

MB

[MeeBroke]

Just remembered this is your second DQ so disregard the above...you must download it yourself.

 

 

 

I need to get this in the post this week. Just to clarify, is it N181 or N180 or both?

 

Thanks

MB

[AndyOrch]

From memory I recall its Fast Track so N181...do you not know MB?

[MeeBroke]

From memory I recall its Fast Track so N181...do you not know MB?

 

I assume it's Fast track but haven't been allocated a track yet. I'm over the threshold though.

[AndyOrch]

PS

 

I've been sent form n149b, fast track

 

edit: oops that was just the cover page. Actual form is N181

 

I think this answers it

[MeeBroke]

I think this answers it

 

Thank you Andy, just a bit confused by having to do this all again. I'll dig up the previous one as I submitted it electronically so I must have it here. Thanks for your continued patience and help!

 

MB