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

[AndyOrch]

Ok the DN is compliant? no errors? It requested arrears only nor the full amount? 14 days to rectify and the time allowed correct from receipt?

[kiruji]

I don't know. I have to assume yes, unfortunately.

[AndyOrch]

I don't know. I have to assume yes, unfortunately.

 

You dont have a copy? Have you requested a copy?

[kiruji]

I don't have a copy and no, I haven't.

[AndyOrch]

Is it reported on the SAR?

[kiruji]

I'm at work but my wife is double checking now. Will let you know in a couple of mins.

[kiruji]

Sorry for the delay.

 

 

There's no copy default notice in the pages sent from MBNA as a result of the SAR

and there is no reference to one against the 29/02/12 on the lists of transactions

and in the 'comms log'.

 

 

On that date there is reference to a Charge-Off Code and Charge-Off Adjustment.

[AndyOrch]

Ok well in the limited time we have..

 

 

..all this should have been prepared and ready for your defence..

 

 

.we will have to wing it and state that no default Notice was ever issued

which precludes enforcement/and the processing of data passed to third parties.

 

I assume it on your credit file (CRA,s)?

[dx100uk]

and who is the owner too, i though MBNA still owned it?

 

dx

[kiruji]

On my credit file, the amount is showing as being in default with Link since June 2012.

 

 

MBNA was showing as being in default Feb/March/April 2012

 

EDIT: In the SAR paperwork, it shows as being sold to Link Financial on 10/04/12.

[dx100uk]

ok great that should match the charge off date then too. almost.

 

dx

[kiruji]

Charge off date 29/02/12, sold account 10/04/12.

[AndyOrch]

Ok well

 

 

the only thing of use with regards to the defence is that you never received any Default Notice

so you can put them to strict proof.

 

 

The Fact that no Notice of Arrears/Default has ever been sent by Link will cause problems

re any interest applied or requested and even enforcement.

 

Ok let me draft something shortly.

 

 

..you will have to fill in the Counter Claim section with what you intend claiming.

 

 

This should then be submitted to MCOL by 4.00pm.

 

Regards

 

Andy

[kiruji]

Thank you so much for your help.

[AndyOrch]

Particulars of Claim:-

 

1.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.

 

2.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.

 

3.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.

 

Defence and Part 20 Counter Claim

 

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

the Defendant did not enter into any Agreement with the Claimant.

 

2. Paragraph 2 is admitted but it is denied that MBNA ever served a Default Notice

pursuant to the CCA1974 which precludes the claimant from any enforcement or relief.

 

3. Paragraph 3 is denied the Claimant has failed to serve any Notice of Sums Arrears

since assignment pursuant to the CCA2006 amendments (sec 86C )

and precluded form adding any interest or seeking enforcement

or relief and 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; and

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

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right

to lay a claim due to contraventions of Section 136 of the Law of Property Act

and Section 82A of the Consumer Credit Act 1974.

 

6.Incorporated within the sum demanded by the Claimant are sums claimed for their

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.

 

7. 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.

 

Part 20 Claim

 

8. The defendant/Part 20 claimant claims sums paid to the claimant /Part 20 defendant in relation to penalty Charges

Incorporated within the sum demanded by the Claimant are sums claimed for their

administration fees,

late payment charges

and like provisions.

 

And the defendant/Part 20 claimant claims:-

 

i) £ XX XXX XXXX unfair charges (expand on reasoning) (insert compound interest) show separate

 

ii) Interest pursuant to Section 69 of the County Courts act 1984 at the rate of 8% per annum or up until judgment.

 

There you are one Defence and Part 20 Counter Claim.

 

 

Let others verify it before your submission and dont forget to print off your poof of input date time stamp after

 

Regards

 

Andy

[kiruji]

Andy, thank you so much. Just so I'm clear, I copy the first two sections into the defence and the Part 20 Claim into the counterclaim section? Replacing the XXXs as appropriate?

 

Again, thank you

[AndyOrch]

Yes you dont have to copy their PoC that was just for my reference.It is important to digest and understand what your defence states and pleads...if unsure please post.

 

Regards

 

Andy

[kiruji]

Thanks.

 

 

The only thing I don't understand is the counterclaim

- should I be admitting to the full amount and then counter claiming the charges?

Or should I deduct the amount of the charges from the full amount

and admit to that and still counter claim for the charges?

 

 

Also, am I right in thinking I don't add the 8% interest in part ii) of the counter claim - the court does that if they agree?

[AndyOrch]

You have not admitted to any amount £ you have admitted to entering into an agreement.

 

 

Your counter claim is the total charges applied plus comp interest.

 

 

Yes you ask for 8% sec 69 but don't include its the court discretion.

[kiruji]

On MCOL I'm filling out the 'part admission' section? Is that not right? I have to admit to part of the amount claimed.

 

When I completed the AOS I indicated that I intended to defend part of the claim - I don't think I can change my mind now, can I? I've made a fatal error, haven't I...

[kiruji]

OK, after panicking quite a bit, I realised how to change it to defend the whole thing. I've used Andy's defence as above and below is my counterclaim. Have I done anything wrong?

 

8. The defendant/Part 20 claimant claims sums paid to the claimant/Part 20 defendant in relation to penalty Charges Incorporated within the sum demanded by the Claimant are sums claimed for their administration fees, late payment charges and like provisions.

 

And the defendant/Part 20 claimant claims:-

 

i) £1,684.69 (including 24.9% interest) unfair charges as follows :

 

05/06/2007 Late Fee £12.00

04/07/2007 Late Fee £12.00

03/08/2007 Late Fee £12.00

09/08/2007 Overlimit Fee £12.00

04/09/2007 Late Fee £12.00

10/09/2007 Overlimit Fee £12.00

03/10/2007 Late Fee £12.00

09/10/2007 Overlimit Fee £12.00

07/11/2007 Returned Payment Fee £12.00

07/11/2007 Late Fee £12.00

03/12/2007 Late Fee £12.00

04/01/2008 Late Fee £12.00

10/01/2008 Returned Payment Fee £12.00

04/02/2008 Late Fee £12.00

04/03/2008 Late Fee £12.00

10/03/2008 Overlimit Fee £12.00

02/04/2008 Late Fee £12.00

08/04/2008 Overlimit Fee £12.00

02/05/2008 Late Fee £12.00

08/05/2008 Overlimit Fee £12.00

03/07/2008 Late Fee £12.00

03/09/2008 Late Fee £12.00

03/10/2008 Late Fee £12.00

02/12/2008 Late Fee £12.00

03/01/2009 Late Fee £12.00

04/02/2009 Late Fee £12.00

04/03/2009 Late Fee £12.00

02/04/2009 Late Fee £12.00

05/05/2009 Late Fee £12.00

02/06/2009 Late Fee £12.00

08/06/2009 Overlimit Fee £12.00

03/07/2009 Late Fee £12.00

09/07/2009 Overlimit Fee £12.00

05/08/2009 Late Fee £12.00

11/08/2009 Overlimit Fee £12.00

03/09/2009 Late Fee £12.00

09/09/2009 Overlimit Fee £12.00

09/10/2009 Overlimit Fee £12.00

06/11/2009 Returned Payment Fee £12.00

06/11/2009 Late Fee £12.00

10/11/2009 Overlimit Fee £12.00

03/12/2009 Late Fee £12.00

09/12/2009 Overlimit Fee £12.00

05/01/2010 Late Fee £12.00

11/01/2010 Overlimit Fee £12.00

02/02/2010 Late Fee £12.00

08/02/2010 Overlimit Fee £12.00

09/03/2010 Overlimit Fee £12.00

09/04/2010 Overlimit Fee £12.00

08/08/2011 Late Fee £12.00

08/08/2011 Returned Payment Fee £12.00

05/09/2011 Late Fee £12.00

05/10/2011 Late Fee £12.00

03/11/2011 Late Fee £12.00

03/12/2011 Late Fee £12.00

09/12/2011 Overlimit Fee £12.00

04/01/2012 Late Fee £12.00

10/01/2012 Overlimit Fee £12.00

03/02/2012 Late Fee £12.00

09/02/2012 Overlimit Fee £12.00

 

ii) Interest pursuant to Section 69 of the County Courts act 1984 at the rate of 8% per annum or up until judgment.

[kiruji]

Submitted.

 

 

I'm sure I'll be back with many, many more questions when I hear from the court/IDR.

 

 

When I do, I'll try and manage my time a little better.

 

Thank you to everyone that has helped, you have no idea how much it means.

[Chipmeister]

Good work. Use this time to review all your paperwork relating to the case to make sure you're ready for Round 2! All the best, CM

[kiruji]

Hi everyone. I've just got back from a week working in Germany and have found an allocation questionnaire has been delivered while I was away. I have to return it by Monday 25 Feb, along with my £80 fee.

 

Ideally I'd like to get it in the post tomorrow, so I'm going to go through everything now and put all my questions in this post hoping that someone will see it and guide me through it! I'm afraid this is likely to be a lengthy post. I'll put the questions as they appear in bold and then my queries/comments below each one.

 

Have you sent a copy of this completed form to the other party(ies)? Yes/No

- Should I send a copy to IDR when completed? Will it adversely affect my claim if I don't?

 

Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage? Yes/No

- There is also space given to explain why I think it's inappropriate to try and settle if I choose no.

- I'm assuming I should be ticking yes to this, although how I'd go about trying to settle the claim I'm not sure.

 

If yes, do you want a one month stay? Yes/No

- Again, I assume I do.

 

Would you like the court to arrange a mediation appointment? Yes/No

- As I doubt I'd be able to afford the fee, I'll just say no to this one.

 

Is there any reason why your claim needs to be heard at a particular court? Yes/No

- There is space given to say which court and why

- Am I allowed to request it's heard at my local court because it'll be difficult for me to get to Northampton?

 

You are expected to comply with the relevant pre-action protocol. Have you done so? Yes/No

- I have no idea what the relevant pre-action protocol is and if I have or haven't complied!

 

What amount of the claim is in dispute? £---

- Is this the amount I'm counter-claiming from IDR?

 

Have you made any application(s) in this claim? Yes/No

- I don't think I have.

 

What witnesses of fact do you intend to call at the trial including, if appropriate, yourself?

- None? Or myself?

 

Do you wish to use expert evidence at the trial? Yes/No

- I assume not therefore the rest of this section is irrelevant and will all be 'no'.

 

Which track do you consider is most suitable for your claim? Small claims / Fast track / Multi-track

- Small claims?

 

How long do you estimate the trial or final hearing will take?

- I have no idea!?

 

Are there any days when you will not be able to attend court for the trial or final hearing?

- I have a couple of big events coming up at work that I won't be able to miss. Is it acceptable to put the dates of those events down?

 

Have you attached a list of the directions you think appropriate for the management of the claim? Yes/No

- I don't know what it means by a list of directions.

 

Have you attached documents to this questionnaire? Yes/No

- Should I be including the spreadsheet detailing the charges I'm claiming for plus copies of the relevant statements from MBNA?

- If I should be including this stuff, should I be sending copies to IDR?

 

In the space below, set out any other informatio you consider will help the judge to manage the claim.

- Is there anything I should be including in there?

 

Sorry for the huge post and number of questions, but I'm pretty much bricking myself over this whole ordeal and I don't want to make any mistakes.

 

Thanks for reading and huge thanks for helping. Again, I'd have given up by now if it wasn't for your help.

[kiruji]

Anyone?