MBNA [A+L] sold CCard debt to hillsdens - court claim **Settled by F&F**

[42man]

Wow....this should be thrown out, I would put in my defence that the defendant denies any kind of relationship or account with the claimant. The claimant's claim is denied !!! You might find this more useful though - http://www.consumeractiongroup.co.uk/forum/legal-issues/160703-urgent-help-needed-robinson.html#post1721582

[diddydicky]

This claim won't go anywhere for other reasons but the law on rescission is not just "belt and braces". One party or the other must repudiate the contract. See Invalid Default Notices thread about poster who lost a case because he hadn't repudiated the contract.

 

 

i/

'm not quite sure i understand your point pinky

 

i did not say that the law on rescission was "belt and braces"

 

what i said was confirming acceptance of an unlawful repudiation in writing was "belt and braces" and avoids any doubt - for the very reason of the case you mentioned

[davidoneman]

Wow....this should be thrown out, I would put in my defence that the defendant denies any kind of relationship or account with the claimant. The claimant's claim is denied !!! You might find this more useful though - http://www.consumeractiongroup.co.uk/forum/legal-issues/160703-urgent-help-needed-robinson.html#post1721582

 

 

 

sorry for all the questions , but do i put i dispute the whole claim , and my defence is i dont have an account with the claimant or any kind of relationship , do i need to send a cpr 31.14 request ( if thats the request for them to send me the documents supporting there claim ) sorry just dont want to mess things up , cheers

[diddydicky]

personally i would just point to the fact that the claim is so poorly and inadequately particularised that you do not know the case which you are being asked to defend and that the court order the claimant to submit a fully particularised Particulars of Claim within 21 days or be struck

 

i would not bother denying things which you dont yet know are deniable

 

just stick to the facts- and the facts are that you do not understand what the claim is against you and the claimant has provided no documentary evidence to support the claim

[42man]

You have to acknowledge receipt of the claim....(stick to the timescales) and state defend all...(take a look at the link above)

[davidoneman]

how does this sound for the defence

 

the defendant is embarrased and is unable to submit a fully particularised defence to the claim.

 

The claim is not sufficiently particularised as to enable the defendant to know the case which he is being asked to defend .

 

The claimant has not produced any documentary evidence with the Particulars of claim to enable me to identify the matters complained of .

 

I ask the courts permission to submit a fullly particularised defence when the claimant has supplied sufficient information for me to be able to do so.

 

In the interests of the overriding objectives and to avoid a waste of the time and resources of the court - I ask the court to order the claimant to submit a fully particularised Claim within 21 days together with copies of documents mentioned within the Particulars of claim or the claim to stand struck out.

cheers

 

anybody any more ideas for the defence or does that look ok ?

[davidoneman]

Hi sent defence off , also sent a letter to mbna asking for copy of default this is the response i got

 

Hi i asked mbna for a copy of the default from my credit card and they sent me this , is the default notice in order ? cheers

 

[middenmess]

D/N would be compliant if posted 1st class but not if posted by 2nd class.

 

 

As far as I am aware the banks do not keep a copy of the default notices that they send out but just rely on a computer entry as to the date on which it was generated.

 

If you haven't the original notice which is identical to the one above that they have just sent you then there exists the possibility that this is a reconstruction,a recreation or a Blue Peter creation.

 

As this D/N is from 15 months ago what has happened since?

 

Your question would probably get more replies if posted in the MBNA forum or on one of the threads dedicated to Default Notices.

[davidoneman]

hi just looking back it says nod sent 10/04/2009 , yet the default on my credit file is 03/2009 so they put the default on my credit file after they sent a notice of default , can they do that ?

[Helios]

That looks to me a non compliment default notice... this is important when did you take out this mbna account? have you sent a CPR 31 request off to them you are entitled to that since they started legal proceedings?

[dx100uk]

got any charges on the card prior to this dn?

if so its invalid

 

dx

[davidoneman]

i took out the credit card on 30-09-05 the agreement is on the 1st post, i havent sent off a cpr 31 req should i ?

 

Hi yes there were charges around 17 £12charges for over limit and late payment , could you please explain how it is invalid , the debt got sold and they have issued a court claim , the people who have it now are hillsden securities I have a thread about the court papers , many thanks for the help

[middenmess]

IMO

 

As the late charges are unlawful charges they make the total of the default notice incorrect and therefore invalid.

 

You can claim back 6 years for these charges to be repaid to you plus contractual interest at the rate they were charging you for cash advances on your last statement before termination plus 8%.

 

Did you actually receive the D/N in 2009?

Have you still got it and do you still have the envelope that it came in?

 

PS. As Hillsden bought the debt they are liable to repay the charges plus interest.

 

Have a read around on threads about reclaiming charges.

[davidoneman]

No I don't have the dn don't remember if I recieved if or not that's why I asked for a copy from mbna , so if it's invalid what does it mean , can they still take me to court for the money ? Cheers dave

[dx100uk]

you need to keep to one thread

is this in the legal section?

post the link pse

 

the late charges will make the dn invalid regardless to you having it or not.

 

use that in your defence.

 

ps you reclaim from the OC not DCA.

 

dx

[davidoneman]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/264370-court-papers-recieved-hillsden.html

 

Hi sorry for mix up and starting new thread

[dx100uk]

ok hit the red warning triangle

and as k for the two threads to be merged.

dx

[middenmess]

According to the computer print out that you have posted on your other thread the debt was sold on 18th April 2009 which was within the 14 day period that you had to rectify the breech!!!

 

 

Looking good!

[saintly_1]

Have merged threads and amended title slightly

[davidoneman]

just having a look back at the paper work the debt was sold on the 20th april but on the dn it says i have until the 24th april to rectify the arrears ?

 

Have merged threads and amended title slightly

 

many thanks

[middenmess]

just having a look back at the paper work the debt was sold on the 20th april but on the dn it says i have until the 24th april to rectify the arrears ?

as per my post

 

 

According to the computer print out that you have posted on your other thread the debt was sold on 18th April 2009 which was within the 14 day period that you had to rectify the breech!!!

 

 

Looking good!

 

Makes the D/N they've just sent you a possible forgery:-o:D

[underdog13]

MBNA have a habit of selling off the debt before the DN resolution date...

[davidoneman]

So as they have sold the debt before the end of the dn time scale what can be done ?

Cheers for help

[underdog13]

well for a start you've been prejudiced - even if you were wanted/were able to meet the arrears in the DN by the resolution date you were prevented from doing so.

[littlefatbudha]

It states on one document ,notice of default sent 10/04/09, then i can only take it as expires on the 24/4/09, which would not allow fourteen clear days for the default to be corrected, then it states that the account was sold to direct legal on the 18/04/2009, which was while the 14 days you had to clear arrears on default notice.

Somebody correct me if i am wrong, but this surely makes the default notice invalid, sold before 14 days were up !

Sorry missed 3 pages some how, but something is wrong somewhere, with this account.

Edited July 4, 2010 by littlefatbudha