MBNA / LinkIDR Finance - claim form received... Help?

[Chipmeister]

Thanks for your constructive comments. Judging from 2 out of your 3 posts, I'm going to assume you either work for MBNA or you're a heartless wench.

Beautifully put!

[kiruji]

Should I be putting in a counterclaim against IDR for the above sums?

[dx100uk]

IMHO YES

 

dx

[kiruji]

I'm going through the MoneyClaim website now,

but I can't afford to put in a counterclaim until I get paid on Friday.

 

 

Should I fill out the Acknowledgement of Service bit?

That seems like it will give me another 14 days to put in my defence,

but I don't want to fall foul of anything and end up with a judgment against me for not replying properly.

 

Another question I have,

do I need to counterclaim or do I need to fill out the admission form for the amount less the fees charged

to the account and the defence form stating I don't believe I owe the fees?

Or is that the same as a counterclaim?

 

Sorry for the beginner questions, but this is my first time doing this and I want to get it right!

 

Thanks for all replies.

[BRIGADIER2JCS]

Yes the acknowledgment of service is important and state you are defending the claim.

[kiruji]

Thanks for the reply - am I right in thinking that filling out the acknowledgment of service and stating I'm defending will give me a further 14 days to enter a defence?

[BRIGADIER2JCS]

Thanks for the reply - am I right in thinking that filling out the acknowledgment of service and stating I'm defending will give me a further 14 days to enter a defence?

 

yes

[kiruji]

Thank you

[kiruji]

What should I put in the 122 lines I get given for my defence?

 

 

I presume that should be legalese rather than me stating that Link/IDR wouldn't accept a payment plan despite being asked multiple times?

 

Again, sorry for dumb questions and thanks for advice.

[BRIGADIER2JCS]

What should I put in the 122 lines I get given for my defence? I presume that should be legalese rather than me stating that Link/IDR wouldn't accept a payment plan despite being asked multiple times?

 

Again, sorry for dumb questions and thanks for advice.

No ''legalese''needed just state the facts clearly.

[kiruji]

Thank you. Is it OK if I post my defence later for you to cast your eye over, just so I'm sure I'm not making any avoidable cock ups?

[BRIGADIER2JCS]

OK

[kiruji]

My defence. No idea if this is likely to get laughed out of court or what:

 

I was in debt but managing to meet minimum repayments until I had a 20% pay cut

and had to stop paying MBNA. When I told them, they were unwilling to help and eventually sold my debt on.

 

I contacted IDR Finance as soon as they notified me that they had bought the debt

and asked them to be put on a payment plan - they refused.

 

 

They told me they weren't willing to accept anything less than the full amount

and that I should ask family and friends if I could borrow the money from them

or I should see if I could borrow more money against my home.

 

 

Unwilling to do this, I repeatedly asked to be put on a payment plan.

After refusing for months, IDR Finance eventually agreed to this (and only after a letter to their CEO)

- but only on the condition that I sign a voluntary charging order against my home.

I was advised against doing this, but again, IDR Finance were unwilling to accept a payment plan without it

and hence are taking me to court with the express purpose of attaining a charging order against my home

whether I stick to any repayments that might be ordered or not.

 

The strong hints that IDR Finance will seek to get their money by forcing me to lose my home

combined with the extraordinary level of pressure put on me to borrow more money

has caused me to succumb to depression and even suicidal thoughts, eventually resulting in contacting The Samaritans.

 

 

All I have asked for is an opportunity to repay the amount I owe without putting myself into further debt

or financial difficulty but IDR Finance have refused over and over.

 

 

I hope the court will give me that opportunity and the chance to begin rebuilding my life.

 

 

It's going to cost £80 to enter a counterclaim of £1,684.69 for:

 

Penalty charges made to the account by MBNA

 

 

My reasons for making the counterclaim:

 

 

 

I believe the charges I am counterclaiming for were not a true representation of the costs

incurred by MBNA in servicing my account and are therefore penalty charges

and as such should not be included in the total amount owed.

 

The amount I am counterclaiming for is for each charge on the account as detailed in my statements,

plus interest at 24.9% as charged by MBNA.

 

 

Does that sound OK or am I being a duffer?

 

Thanks for all help/support

- I am at one of the lowest points in my life at the moment and I honestly feel like giving up.

[Chipmeister]

I am no expert, and I'm sure that the experts who have been assisting you on this thread will be along soon,

but here are my thoughts, for what they are worth:

 

 

The first line of your defence -

 

 

"I was in debt but managing to meet minimum repayments until I had a 20% pay cut and had to stop paying MBNA.

When I told them, they were unwilling to help and eventually sold my debt on."

 

 

I would say

 

 

"I was in debt but managing to meet minimum repayments until I had a 20% pay cut,

at which point I could no longer make the minimum payments and had to reduce my monthly payments to my creditors.

 

 

My creditors were sympathetic and agreed to my reduced payments, with the exception of MBNA."

 

 

Otherwise, it may come across that you favoured your other creditors over MBNA.

At least with this revised wording you are pointing out that MBNA didn't want to assist you from the word go.

 

 

Please don't give up, and try to stay strong

- this site has helped so many people, myself included, over the years and we are all here to support you.

 

 

In the meantime, I have flagged your post as urgent to site admin,

 

 

so someone should be along soon.All the best,CM

[citizenB]

Thanks for the alert, chipmeister.. site team are aware and someone will look in as soon as they can.

 

Meanwhile, kiruji.. when do you have to submit your defence by and are you doing it online ?

[citizenB]

kiruji,

 

I see you have done the acknowledgment, can you tell me what the date of issue is on the claim form? you will find that at the top right hand of the form near the claim number.

 

Then we can work out the date you need to submit by.

 

You let us know that you had received the claim on or around January 15th, I so reckon you have a little while yet in order to get your defence just right before submitting

[kiruji]

The claim was issued on 4 January. I acknowledged on 22 January. I have until tomorrow to file my defence.

 

Thanks for all help.

[citizenB]

Yes, indeed - 6th February it is.

[citizenB]

Someone will be looking in good time for you to submit tomorrow.

[Chipmeister]

Great stuff.

[AndyOrch]

Just bringing the Particulars forward and will help you draft your defence PT20 CC in the morning...

 

 

Particulars of Claim:-

 

The Claimant claims the whole of the outstanding balance due and payable

under an agreement referenced XXXXX and

opened effective from 07/04/2007.

 

 

The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant

and from which credit was extended to the Defendant.

 

 

The Defendant failed to make payment as required and by 29/02/2012 a default was recorded.

 

 

As at 27/04/2012 the Defendant owed MBNA Europe Bank Limited the sum of 8,036.95.

 

 

By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 27/04/2012

and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter.

 

 

And the Claimant claims:- 1. 8,166.95 2. interest pursuant to Section 69 county court Act (1984)

at a rate of 8% per Annum from 27/04/2012 to 04/01/2013 of 423.30 And thereafter at a daily rate of 1.70

to date of judgment or sooner payment.

 

Regards

 

Andy

[kiruji]

Thank you so much for all your help everybody.

[AndyOrch]

Did you actually receive a Default Notice dated 29/02/12 or was it just recorded on your credit file?

 

Did you receive a Notice of Assignment dated or around 27/04/2012.

 

Did you receive a Notice of Default from Link since the assignment?

 

Regards

 

Andy

[AndyOrch]

Need a response now kirugi...time is of the essence and my time is limited today.

 

Andy

[kiruji]

Andy,

 

Yes, I did receive a default notice date 29/02/12.

 

I received a letter from Link to tell me MBNA had passed the debt onto them - nothing from MBNA directly though.

 

I haven't received a notice of default from Link as far as I can remember.

 

EDIT: Sorry for the delay. Thanks for your help, I really appreciate it.