MBNA/Reston threating court action

[jason_mnm]

it was issued on 07 jan 2010, does not that mean i got another 12 days to acknowledge... Also how do i ask for extra 14 days when i acknowledge online..

[diddydicky]

i am sure its 5 days to acknowlegde online then 28 days but it gives you the option to ask for more

 

go to their site type in the claim number and the password (on the front of your claim form) and follow the idiot menu

[jason_mnm]

Please see the link it gives me hope. No wonder why MBNA call me today and saying if I want settlement while they have sent me the CCJ claim form.. Yesterday they even didnot wanted to talk to me. Please see the link

FT.com / UK - Banks face loans write-off after ruling

Edited January 14, 2010 by jason_mnm

[diddydicky]

you should have done it by now!!

[jason_mnm]

sorry Diddy, u mean I got only today to acknowledge it.. seems my head is jammed at this moment!!!.. please clarify... till which day I can acknowledge it online if the issue date is 07 January 2010?..

[diddydicky]

no - i mean the amount of time you are taking talking to me about it you could have done it

 

all you are doing is acknowledging receipt

[MandM]

14 days to acknowledge online. 28 plus 5 to get the defence in. No panic.

 

Subbing

[slick132]

Jason,

 

Have another read of the claim, which should explain clearly what you should do about acknowledging on-line.

[jason_mnm]

Slick will you kindly look at my POC of the claim form and suggest if anyway we can apply to struck it off the court cause of vague details and also please look at all my query on the same post. and let me know any suggessions. Thanks again..

[MandM]

If you need it J look in this link for the CPR refs.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/236115-pumpytums-goes-northampton-help.html

 

M

[slick132]

Hi Jason,

 

Let us know when you have acknowledged on-line. Also confirm by what date you have to enter your defence.

 

Read this thread by Pt2537 which is updated to take account of the recent Manchester rulings - http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html#post2695725

[jason_mnm]

Thanks MandM...It was very useful...

[slick132]

The MCOL site is here - http://www.moneyclaim.gov.uk/

 

And, about acknowledging claims it says:-

 

Limited time

You should respond to this claim within 14 days of the date of service. You can respond to the claim using this online service, alternatively, the response pack may be used for this purpose. The date of service is taken as 5 days after the issue date shown on the front of the Claim Form N1.

[vint1954]

i am sure its 5 days to acknowlegde online then 28 days but it gives you the option to ask for more

 

go to their site type in the claim number and the password (on the front of your claim form) and follow the idiot menu

Service is deemed 5 days after the date of the claim. Then 14 days to acknowledge claim and a further 14 days to file a defence, either embarrased or full depending on the response to your CPR 31.14 letter.

[vint1954]

hi guys my default notice dated 17 November 2009 and i was told to pay it by 5 December 2009, does this mean this DN is faulty ....(unfortunately I forgot to keep the envelope)... However I should get details from Comms Log of my SAR request when it comes...

I think that you may find this is faulty on dates. They send these out ukmail s, which is second class, that means 4 working days for service. Date of service would be 23rd November, 14 days on is 7th December.

[pt2537]

Service is deemed 5 days after the date of the claim. Then 14 days to acknowledge claim and a further 14 days to file a defence, either embarrased or full depending on the response to your CPR 31.14 letter.

if there is no response to the request for disclosure then the correct route is an application for an order compelling disclosure and for an extension of time to plead

 

the courts are taking a dim view of those who file verbose defences or defences which say "i cant plead" if you then sit on your hands til you get a hearing date.

 

the rules set out what is expected and what you can do if the other side fails to comply

[citizenB]

Jason,

 

have you acknowledge service yet ?

 

Date of issue 7th January 2010 + 5 days for service = 12 January + 14 days to acknowledge = 26 January + a further 14 days to enter your defence by 10th February 2010.

 

You should have acknowledged the defence and sent off your CPR letter by now.

 

You should start reading round other threads in order to have an idea on how you are going to defend your case.

 

s69 interest is not permitted on agreements regulated by the CCA1974

 

3. The Claimant fails to plead that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

 

· The general rule

 

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;

 

[

 

As regards the postal service used for the DN, in the absence of proof from the sender, it is assumed that it was sent by 2nd class mail.

Edited January 15, 2010 by citizenB
removind font commands

[Jasper1965]

Did you receive a termination notice and if so what dates were on it?

How much was defined on the default notice as being overdue?

 

The POC request the "overdue balance" and not "the balance", does the amount claimed equal the "overdue balance" or "the balance"?

[citizenB]

Did you receive a termination notice and if so what dates were on it?

How much was defined on the default notice as being overdue?

 

The POC request the "overdue balance" and not "the balance", does the amount claimed equal the "overdue balance" or "the balance"?

 

That is an interesting question:)

 

The DN should request only arears but show the balance outstanding to date.

 

The Termination Notice should show the full outstanding balance as should the POCs. The balance can only overdue for example if it were a loan and the final payment date has passed I would have thought.

[Jasper1965]

I'm thinking that the speed with which the OP has been taken to Court especially considering that the festive period drastically impacted the number of working days available might have given rise to a situation whereby the Court paperwork has been submitted before the account has been formally terminated.

This would of course cause the claimant a rather large problem notwithstanding all the others they are facing with those POC's.

[diddydicky]

14 days to acknowledge online. 28 plus 5 to get the defence in. No panic.

 

Subbing

 

thanks M & M , for some reason (alcohol probably) i had it in my mind to acknowledge within 5 days- getting confused with the time allowed for service

Edited January 15, 2010 by diddydicky

[diddydicky]

I think that you may find this is faulty on dates. They send these out ukmail s, which is second class, that means 4 working days for service. Date of service would be 23rd November, 14 days on is 7th December.

 

vint is absolutely right- and i am going to go and have my eyes re tested!!

[vint1954]

vint is absolutely right- and i am going to go and have my eyes re tested!!

First spelling, now eyesight! How are the incontinence pads holding up old chap:D

[diddydicky]

First spelling, now eyesight! How are the incontinence pads holding up old chap:D

 

i wouldn't say it was bad but ive taken to wearing drainpipe trousers and pumps!!

 

 

btw pls have a butchers at my thread MBNA/restons for Diddydicky case

see how many cock up s i might have made in that

 

dick

[jason_mnm]

Thanks to all of you for your such excellent responses. Really appreciate it...

 

I have acknowledged the service today saying I want to defend the whole claim..

 

Now I will have a look at all those threads for CPR31.14 request and draft the letter and seek your advice before I send it..

 

Also plz advise if I need to do anything else..