Help - DLC refused to honour DMP on MBNA debt & are taking me to Court***Settled***

[Fiona69]

Having put all the paper work in order, has anyone got any pointers on how to present a witness statement? Preparing it early as we have a bank holiday to contend with.

[The Mould]

Having put all the paper work in order, has anyone got any pointers on how to present a witness statement? Preparing it early as we have a bank holiday to contend with.

 

Good evening Fiona

 

Your witness statement should respond to each paragraph of the Claimant's witness statement served in support of his application.

 

Can you please post up a copy of the Cl;aimant's Application notice(N244) and his witness statement and all evidence served in support of the same, then we shall be in a better position to advise you on the same.

 

Kind regards

 

The Mould

[Fiona69]

Hi

 

Had nothing other than the paperwork in post #28. Together with this they sent extracts from their contract with MBNA, the screen shots of the account, the default notice from MBNA and T & Cs for the account. These look to be in order, what they haven't included is any correspondence that I sent to them, which they seem to have ignored or decided to gloss over.

 

I have another debt which has gone through the same dmp with MBNA been sold etc and they just wrote to us saying keep up the payments as agreed with MBNA, can't see why this one should be any different.

 

Fiona

[Fiona69]

Application notice

[Fiona69]

Their letter

[The Mould]

Hi

 

Had nothing other than the paperwork in post #28. Together with this they sent extracts from their contract with MBNA, the screen shots of the account, the default notice from MBNA and T & Cs for the account. These look to be in order, what they haven't included is any correspondence that I sent to them, which they seem to have ignored or decided to gloss over.

 

I have another debt which has gone through the same dmp with MBNA been sold etc and they just wrote to us saying keep up the payments as agreed with MBNA, can't see why this one should be any different.

 

Fiona

 

Hello Fiona

 

As advised by me in earlier posts here, you ought to file and serve your WS in response to this summary judgment application made by the Claimant 7 clear days (Mon-Fri) before the date of the hearing.

 

Based upon all matters posted here by you thus far, I believe that you have an estopple Defence against this claim, you should, therefore, oppose this summary judgment application on those estopple grounds (and indeed this entire claim).

 

Kind regards

 

The Mould

[Fiona69]

Good Morning All

 

Just prepping my WS and noticed that the debt was assigned to DLC (16/07) before MBNA sent the letter of assignment (19/07) is this relevant should it be mentioned in my WS ?

 

Thanks

[AndyOrch]

Good Morning All

 

Just prepping my WS and noticed that the debt was assigned to DLC (16/07) before MBNA sent the letter of assignment (19/07) is this relevant should it be mentioned in my WS ?

 

Thanks

 

 

No a few days overlap is not relevant...now if it was weeks/months.

 

Andy

[Fiona69]

No a few days overlap is not relevant...now if it was weeks/months.

 

Andy

 

Thanks Andy

 

Will carry on finalising WS.

 

Fi

[Fiona69]

First Draft of WS can someone please peruse:

 

 

This statement is made in opposition to the claimants claim and by which the Claimant contends I have no real prospect of successfully defending the claim against me. I My Name, the defendant in this matter, will contend the following statements made are the truth to the best of my knowledge in the claim brought against me.

 

The letter from the Claimant dated 04/12/12, states that my grounds for defence are invalid as they are not estopped. The documentation received from the Claimant is in my opinion incomplete.

 

In August 2011 following debt management advice I entered into a debt management program. I prepared and sent letters to my creditors requesting reduced monthly payments and a reduction of the interest charged on my account to 0%. The letter corresponding to this account was dated 07/08/11, a copy of which is enclosed (DOC 1). I received a reply from MBNA (the original creditor) dated 16/08/11. The first paragraph of this letter confirms that they would agree to my offer of reduced payments and that the interest on the account would be reduced to 0%. Paragraph 3 states the payment due date and that “ further payments will be due every 30 days until your outstanding balance is paid off.”. A copy of this letter is enclosed (DOC 2).

 

I have continued, without default, to make the agreed payments firstly to MBNA and subsequently to Hillesden Securities, the most recent payment being made on 28/02/13.

 

I contest the conclusion of the Claimant that they are not estopped. The letter from MBNA (DOC 2) clearly agrees to my reduced payments. When the debt was transferred to the Claimant all of the paperwork associated with the account and referring to my financial circumstances would have been passed to the Claimant including the enclosed documents, DOC 1 and DOC2. I therefore argue in my defence that as the debt was transferred to the claimant so to were the responsibilities of the original creditor. The Claimant has no cause for action against me as they abandoned this agreement without just cause or legal excuse and are therefore estopped.

 

 

Doc 1 is my letter to MBNA Doc 2 is the letter from MBNA

 

What I am unsure of is whether or not I should be submitting a full defence at this time?

 

Thanks

Fi

[AndyOrch]

Hi Fiona

 

If you successfully thwart their application the claim proceeds and then you will be invited to submit a further fully particularised defence.

 

One point I think you should include within your WS is with regards to their point in their application that:- " Although the Claimant invited the Defendant to make contact to discuss the matter no response has been received "

 

Is that statement true?

 

Regards

 

Andy

[Fiona69]

Hi Andy

 

If they are referring to their letter of the 5th Dec (attached) then it is true that I did not respond and I believed it was up to the court to decide if it was estopped (page 1).

 

If they are referring to the whole process then no, I wrote to them but then they would phone and I would say in writing and then they would send letters saying ok we will take you to court.

[AndyOrch]

No Fiona its on their N244 application...under reasons.

 

Upload 19 pdf

[Fiona69]

Hi Andy

 

Uploaded 19.pdf. As I said don't know if this statement was only about the letter of the 5/12/12 or about the whole process that has brought us to court.

 

If its about the whole process then no I have responded, but to rebut that statement I would have to include all the correspondence?

[AndyOrch]

It would depend on letters before action and the use of Pre Action Protocol and if followed..

[Fiona69]

Hi Andy

 

Reading up on the pre-action protocol I would suggest that they are on shaky ground. As well as the numerous phone calls all the correspondence from them has been we own the debt, your not paying enough we are taking you to court to get a charging order.

 

The crux of it is they are trying to securing an unsecured debt that they bought knowing it was unsecured.

 

Fi

[AndyOrch]

" The crux of it is they are trying to securing an unsecured debt that they bought knowing it was unsecured."

 

And that is the core root problem of this shady industry....but they would only be allowed a CO on a certain level of debt if the new guidelines are to be followed.

Its worth including a paragraph on their behaviour and failure to follow PaP for that very reason.

 

Regards

 

Andy

[Fiona69]

To update:

 

Sent in Witness Statement and within 24 hours had the DLC on the phone. DLC offered to settle which we have done.

 

Thank you to CAG for the re-assurance to stand up to them.

[dx100uk]

what about wasted costs?

 

and what did they settle?

 

dx

[Old Cogger]

more detail if you would plese?

[Fiona69]

what about wasted costs? We didn't go to court but settled out of court

 

and what did they settle?We accepted their offer ( I had already offered them more!)

 

The figure I had in my head was based on the logic sometimes applied by the courts ie debt free in 5 years based on our repayments.

 

dx

 

We have also put in a complaint to OFT & CSA

[AndyOrch]

I assume this was settled by way of a Consent Fiona?

 

Im delighted that you have managed to resolve it to your satisfaction and will amend your thread title to reflect the result.

 

Well done

 

Regards

 

Andy