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

[pumpytums]

Hi,

just an observation MBN@ send defaults 2nd class post. It's dated the 7th so posted on the 8th, now 10th April 2009 is Good Friday (Bank Holiday) and the 13th is Easter Monday (Bank Holiday). So I would put date of service at the 15th. So you have 9 days to rectify. Bit short that.

 

2009 Public Holidays. 2009 Bank Holidays. 2009 Calendar.

 

Royal mail post holidays 2010 (can't find 2009 but no difference)

 

http://www.royalmail.com/portal/rm/content1?catId=15500181&mediaId=27800663

 

Also MBN@ don't use Royalmail but the final bit uses them (the bit that delivers to home) so I think it was created on the 7th. Sent on the 10th this ties in with the log it's collected by TNT or the other one who's name escapes me from MBN@ post room.

 

How was the copy DN sent to you was it with a big S top right?

 

Pumpytums

[davidoneman]

hi i dont remember , thats a copy i asked for from mbna

 

hi i dont remember , thats a copy i asked for from mbna

[diddydicky]

It's dated the 7th so posted on the 8th,

 

what evidence d you have for this proposition?

[pumpytums]

It's dated the 7th so posted on the 8th,

 

what evidence d you have for this proposition?

 

True DD,

absolutely none at all.

 

I see what you mean a log entry shows it was created but doesn't say posted. They could argue that it was posted on the 8th though but the burden of proof is on them to prove it. With a log entry dated 10th it's pretty certain it wasn't sent on the 8th at all.

 

Point duly taken:)

 

Pumpytums

[diddydicky]

the burden of proof consists of noe more than them saying it was posted on the day it was written- in the absence of proof to the contrary you therefore have to take the fourth working day after the 8th as the date of service

[davidoneman]

so what should i do now ? wait for the response regarding the court case ?

[diddydicky]

if you have put the embarrassed defence in then they have (i think) 28 days to respond- if they do not then the case is stayed

[davidoneman]

hi i recieved this in the post this morning , still no reply yet regarding the court case

[dx100uk]

urm.

unless they have brought the debt they cannot add any charges themselves.

 

dx

[davidoneman]

Hillsden bought the debt from mbna

[cerberusalert]

They're being a bit previous aren't they? Sending you an invoice for litigation costs which they haven't won & even if they had it would be included in the court costs.

[davidoneman]

Should i just wait for the response from court befor doing anything ?

[dx100uk]

Hillsden bought the debt from mbna

 

ruddy chancers

 

no they cannot do that,

they can only levy charges that mbna list on the agreement /T&C.

 

dx

[davidoneman]

my defence was recieved on the 28th june so what date do they get till ? is it tomorrow ? cheers dave

[davidoneman]

hi will i recieve a letter from the court because the 28 days are over now and i havnt recieved anything at all apart from the letter from hillsdens saying they are adding £30 litigation costs on , cheers dave

[diddydicky]

once the 28 days has passed it will be automatically stayed and they must then apply to have the stay lifted before the can proceed

[davidoneman]

should i send a letter now about them selling the debt befor the 14 days were up ?

[davidoneman]

hi i had an account with mbna and it was sold to hillsden , the account was sold before the 14 days was up to remedy the account , what should i do , they tried taking me to court but had poor poc , so i sent my embarrased defence and they havnt replied within 28 days so i believe its stayed , but i was hoping to sort it out incase they try again . cheers

[silverfox1961]

You believe it's stayed? If you're not sure, contact the court

 

Do you have the paperwork to back up your claim of UR?

 

Once you are sure of your grounds, hit Hillesden with the bad news

[davidoneman]

the court recieved my response on the 28th june and i havnt had anything since , this is the link to the thread for the court papers http://www.consumeractiongroup.co.uk/forum/general-debt-issues/264370-court-papers-recieved-hillsden.html

 

is this unlawful recission ? i have been reading afew different threads but not sure , should i send hillsdens aletter asking for the date they bought the debt befor i send a letter to mbna ?

[silverfox1961]

Just had a look at your other thread and it clearly states on the DN that to remedy the default, you had to bring your account up to date by the 24th of April yet they sold the account on the 20th removing your ability to meet their deadline. Unlawful rescission. Plain and simple.

 

I wouldn't bother writing to DLC yet but I would contact the court

[davidoneman]

should i just ring them ? didnt think i had to do anything ? thanks for help

[silverfox1961]

I don't think you HAVE to ring them but with the sneaky tactics used by DCA's I would double check everything, including checking to whether it is stayed or not

[davidoneman]

hi just phoned it hasn been stayed it been transfered to my local court as they want to proceed , theysaid i would recieve a questionaire from the court soon

 

well just phoned the court to see what is happening because i havnt had any response and it has been transfered to my local court as they want to carry on with the claim ,

 

 

so they said i will be recieving something through the post soon

[silverfox1961]

Good for you for checking.

 

If you get any court papers and Hillesdens ask you to return them to them, don't. Return the papers to the courts