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

[The Mould]

Briefly, I forgot to say, can you also post up the Order served by the Court (minus all personal details of course)

 

Kind regards

 

The Mould

[DonkeyB]

It would be very useful if you could post up your actual letter of agreement with MBNA. It’s the crux of your defence, and is worth looking over in some detail.

[Fiona69]

[ATTACH=CONFIG]40607[/ATTACH]

 

[ATTACH=CONFIG]40610[/ATTACH]

 

[ATTACH=CONFIG]40608[/ATTACH]

 

[ATTACH=CONFIG]40606[/ATTACH]

 

[ATTACH=CONFIG]40609[/ATTACH]

 

Thanks

 

Attached Court Papers plus letter received.

 

The basis of my defence is that they are not honoring the DMP that I had with MBNA.

 

(They have sent Virgin T & C's with the letter of the 8th December, my card was never with Virgin!)

 

The attachments won't go in order, sorry.

 

Well their bigger but in no particular order

Edited January 12, 2013 by Fiona69

[Fiona69]

Attached letter from MBNA agreeing to my DMP.

 

 

[ATTACH=CONFIG]40605[/ATTACH]

[The Mould]

Attached letter from MBNA agreeing to my DMP.

 

 

[ATTACH=CONFIG]40605[/ATTACH]

 

Clear and unequivocal agreement from MBNA in their letter dated 16 August 2011; the agreed rate of payment was set as £48 per month (as per your offer letter) until the balance is paid. The said agreement was assigned to the Claimant in this action against you, in my opinion, his claim must fail if you are still performing your obligation to pay the £48.

 

You would need to file your witness statement against his application to strike out and assert that his claim brought against you is groundless as he has no cause of action to complain of against you, refer the Court to said agreement (serve attached to your ws) and the fact that you have not defaulted on the same, therefore, the claimant is not entitled to the relief claimed and it appears that the Claimant has abandoned the said agreement without just cause or legal excuse and at Trial, you will argue that, as a matter of contract law, as the Claimant is behaving as though his obligations are discharged under the said agreement, you can also treat your obligations under the same as discharged (just a suggestion)

 

You do need to file and serve your witness statement in response to and opposing the Claimant's application.

 

What date is the hearing set for?

 

Kind regards

 

The Mould

[catquest]

Did you ever make the formal CCA 78 request ? because if they produce the wrong terms ( MBNA Virgin card ) then the agreement is not enforceable until they come up with the correct ones

[Fiona69]

 

You do need to file and serve your witness statement in response to and opposing the Claimant's application.

 

What date is the hearing set for?

 

Kind regards

 

The Mould

 

No date that I can see for the hearing.

 

If I have this right I need to respond within 7 days to set aside or vary the order under part 23 rule 10 (whatever that is). My application needs to set out the reasons for my objection.

 

Then I get my date for hearing (i think )

 

Can I state in my objection that they have the wrong paper work (and it should be set aside) they have provided a whole bunch of stuff, but the dates are inconsistent with my paperwork and they have not included the all important agreement by MBNA to the reduction in payments.

 

Help woud be appreciated.

 

(I haven't done the formal CCA 78 request to DLC, they have provided the T & Cs with the letter prior to their Application)

[The Mould]

No date that I can see for the hearing.

 

If I have this right I need to respond within 7 days to set aside or vary the order under part 23 rule 10 (whatever that is). My application needs to set out the reasons for my objection.

 

Then I get my date for hearing (i think )

 

Can I state in my objection that they have the wrong paper work (and it should be set aside) they have provided a whole bunch of stuff, but the dates are inconsistent with my paperwork and they have not included the all important agreement by MBNA to the reduction in payments.

 

Help woud be appreciated.

 

(I haven't done the formal CCA 78 request to DLC, they have provided the T & Cs with the letter prior to their Application)

 

I have just downloaded all of you posted attachments, will peruse, then respond in a short while on the same.

 

The Order served by the Court should contain the date that it has set for the hearing of the Claimant's application to strike out, you need to file and serve a witness statement opposing his strike out application, you do not need to make an application yourself.

 

Be back very shortly.

 

Kind regards

 

The Mould

[The Mould]

Happy New Year.

 

Received papers from court, transferring my case to my local court and a general directions order to lift the stay with the application notice from solicitors to strike out my defence.

 

What do i need to do now?

 

Help greatly appreciated

 

Hello Fiona

 

Can you please upload the Order and Directions that you received from the Court in respect of the Claimant's app to strike out your Defence.

 

Kind regards

 

The Mould

[Fiona69]

[ATTACH=CONFIG]40666[/ATTACH]

 

Hi

 

The directions order is attached hopefully img20 previously.

 

Only received, the Application to lift the stay and strike out my defence, the General directions order as attached and a notice to transfer Proceedings to my local court.

 

No dates for hearing...............

 

Thanks for looking at these for me.

[The Mould]

[ATTACH=CONFIG]40666[/ATTACH]

 

Hi

 

The directions order is attached hopefully img20 previously.

 

Only received, the Application to lift the stay and strike out my defence, the General directions order as attached and a notice to transfer Proceedings to my local court.

 

No dates for hearing...............

 

Thanks for looking at these for me.

 

Thank you Fiona

 

Have downloaded the Order and will revert to you shortly.

 

Kind regards

 

The Mould

[The Mould]

Hello Fiona

 

The Claimant has failed to comply with CPR Pt 23 in respect of his application to strike out your Defence, he falied to complete para.9 of his Application notice and the Court has responded by Ordering that his said application must be heard on notice to you, therefore, you do not need to do anything at the present date.

 

When a party to a claim (whether the Defendant or Claimant) he must complete the Application he makes and ensure compliance with CPR Pt 23 and the supplementary Part 23 Practice Direction rules, the Claimant in your case has not complied with the statutory requirements of the aforementioned CPR.

 

When an application is made to Court, the Court will in the ordinary case of due process, seal the application notice and serve notice of the hearing date set for the same to be heard; this has not happened in your case because the Claimant has not followed CPR in respect of his application.

 

As of the date hereof, the Court has not set a date for the hearing of his said application, instead the Court has served Directions on the claimant, it is, therefore, a matter for the Claimant to comply with the directions if he still wishes to apply to have your Defence struck out.

 

In the light of the foregoing, you need do nothing in respect of the Claimant's said application since the same has not been issued (sealed by the Court and served on you).

 

You may wish to send the Claimant's sols acting an email and request confirmation therefrom as to whether or not it is there client's intention to comply with CPR Pt 23 & Practice Direction 23 and the Court's Directions dated 10 January 2013 in respect of their clients' Application notice dated 20 December 2012.

 

Kind regards

 

The Mould

[Fiona69]

Can I just clarify, make sure I have this right.

 

The Court have issued the General directions order to the DLC solicitors as they haven't filled in part 9 on the N224?

 

Am I correct in thinking this or just going nuts?

[The Mould]

Can I just clarify, make sure I have this right.

 

The Court have issued the General directions order to the DLC solicitors as they haven't filled in part 9 on the N224?

 

Am I correct in thinking this or just going nuts?

 

The Order only contains Directions, no date has been set for the hearing of Claimant's application. The matter has been transfered to your local Court. Telephone your local Court tomorrow, state the claim No. and ask what is the status of the claim.

 

If a hearing had been set for the Claimant's application, then the Court would have issued a General Form of Judgment or Order and the listing of the Claimant's application would be contained therein, the date of the hearing, Court room No. and the name of the District Judge before whom the application would be heard.

 

Double check with your local Court in the morning, but as far as I can see from the paperwork uploaded here, no hearing has been set and the Claimant's application notice has not been issued under seal of the Court.

 

Kind regards

 

The Mould

[The Mould]

Briefly, Fiona

 

The Court is not prepared to hand down it's decision on the Claimant's Application without a hearing. You will note that the Claimant has requested in his Application notice, that he wants the matter dealt with without any hearing, the Court, in giving it's Directions, clearly is not prepared to make a decision on what the Claimant is asking for - that is, strike out of your Defence and Judgment for him.

 

You will, therefore, be given an opportunity (as is your right) to file and serve your witness statement and evidence in support thereof against the Claimant's application.

 

In the light of the Court's decision thus far, it may turn out to be the case that the Claimant withdraws his application. Be proactive and ask your local Court for details as to the status of the claim.

 

By the way, as advised earlier in your thread by Bankfodder, carry on making the monthly payments as agreed with the original creditor.

 

Kind regards

 

The Mould

[BankFodder]

You may wish to send the Claimant's sols acting an email and request confirmation therefrom as to whether or not it is there client's intention to comply with CPR Pt 23 & Practice Direction 23 and the Court's Directions dated 10 January 2013 in respect of their clients' Application notice dated 20 December 2012.

 

Kind regards

 

The Mould

 

All very good advice - except that I would not bother to send the other side any queries or reminders or do anything which might prompt them to action. It is not for you to be their minder.

If they go silent or forget then so much the better for you.

In a couple of months you can apply for a strike out for want of prosecution.

 

However, I expect that they will continue but it is up to them.

Just keep on making the payments

[BankFodder]

Their letter to our Cagger

We have been passed a copy of your Defence and note the basis on which you dispute

liability.

We enclose a copy of your original signed agreement with MBNA Europe Bank Ltd,

together with a copy of the terms and conditions relevant at the time.

die

d1rc•ct legal

& ( I ections

We would refer you to Clause 15c, which states Mwe may transfer our rights or duties under

this agreement or affange for any other person to carry out our rights or duties under this

agreement".

MBNA Europe Bank also sent you Notice of Default dated 7 March 2012, a copy of which

is enclosed.

On 27 July 2011 MBNA Europe Bank Ltd agreed to assign a large portfolio of debt to

Hillesden Securities ltd, on a rolling purchase basis. All legal and beneficial interest in the

sum t wwas transferred to Hillesden Securities on 16 July 2012. At that time the

remaining balance became due to Hillesden Securities Ltd. A copy of the key pages of the

debt sale agreement is enclosed for your records. The full document will not be sent to you

due to the commercially sensitive information contained therein.

A notice of the assignment was sent to you on 20 July. We enclose a copy of the

template letter and releyant line data pertaining to your account, together with a copy of

the screen shot from our case management system confirming the date the letter Was sent

The basis of their N244 challenge to the defence:-

A Defence was filed in response to the Claim. The Defence stated that the Claimant purchased a debt from the

original creditor who had made a promise not to sell and that due to the transfer the Claimant was also in breach by

issuing a Claim. Immediately upon receipt of a copy of the Defence, the Claimant made enquiries of the original

lender and also requested certain documentation. Due to archiving this took sometime to retrieve and, during this

process, the Claim was stayed.

The Claimant wrote to the Defendant with a full explanation surrounding the assignment of the account and

particularly referred to the relevant clause in the original terms and conditions permitting the transfer. I exhibit

hereto mar1

been maintaining regular payments. I exhibit at •pNQ.• a copy of the rave financial history depicting the payments

made.

Although the Claimant invited the Defendant to make contact to discuss the matter, no response has been

received.

The Claimant is of the opinion that all relevant documentation, together with a detaHed explanation has been sent

to the Defendant and time afforded for a response. As no further contact or evidence has been provided by the

Defendant the Claimant is of the opinion that the grounds for the Defence are invalid. May we respectfully request

that the stay be lifted the Defence struck out and Judgment entered in accordance with the N225 attached.

Statement of Truth

Ellieie·,.) (The applicant bef~eves) that the stated in this section (and 81rf continuation sheets) are true.

Signed ~ Dated 20 December 2012

AppJicant('s Solicitorx:e· .,.,,.-..,~ ~,.. . L...• . .,. ~ ~tot~R·! MiMI"'")

Full name Philip James Waters

Name of applicant's solicitor's firm Aplins

Do finance companies really pay good money for this kind of stuff?

I see that it has been turned over to a firm of real lawyers. I thought that it was Maplins until I checked the name on the internet - http://www.aplins.co.uk/

[The Mould]

:-)Application notice is signed by a Partner in the 'professional' law firm!

 

Kind regards

 

The Mould

[BankFodder]

It's a pity that in addition to the statement of truth, there is not a "statement of belief in the force of this argument". We could all save ourselves a lot of wasted time - including the court.

 

Still, you never know. We could end up with egg on our faces - but I don't think so.

[DonkeyB]

I still get the feeling from their statements that the claimant doesn’t have a copy of the revised payment agreement from MBNA.

 

Any lawyer worth their salt would run a mile at the sight of it. Still, keep racking up those LiP costs @ £18 an hour...

 

I note also in their letter they claim they are not estopped, but their reasoning for this relates only to the assignment, and not to the agreement with MBNA.

 

Can we see a copy of the default notice copy they supposedly sent you? Would be marvellous if that too was found to be at fault.

[Fiona69]

Seems a long time now but:

 

Solicitors have sent copy of Court papers date set for 9th April at my local court. Nothing from Courts direct to me. I'm assuming this is just to get the stay lifted and for my defence to be struck out. Do I need to send them anything?

[The Mould]

Seems a long time now but:

 

Solicitors have sent copy of Court papers date set for 9th April at my local court. Nothing from Courts direct to me. I'm assuming this is just to get the stay lifted and for my defence to be struck out. Do I need to send them anything?

 

Hello Fiona

 

Can you scan in all docs received from the Claimant's reps in respect of this application please, minus all personal details.

 

You must file and serve your response to this app within 7 days of the hearing set by the Court and attend the hearing.

 

Kind regards

 

The Mould

[Fiona69]

It's the same paperwork that they sent through last time (page 2) but with the additional Court paper stating date of hearing.

[MrHat]

Subbing

[The Mould]

Clear and unequivocal agreement from MBNA in their letter dated 16 August 2011; the agreed rate of payment was set as £48 per month (as per your offer letter) until the balance is paid. The said agreement was assigned to the Claimant in this action against you, in my opinion, his claim must fail if you are still performing your obligation to pay the £48.

 

You would need to file your witness statement against his application to strike out and assert that his claim brought against you is groundless as he has no cause of action to complain of against you, refer the Court to said agreement (serve attached to your ws) and the fact that you have not defaulted on the same, therefore, the claimant is not entitled to the relief claimed and it appears that the Claimant has abandoned the said agreement without just cause or legal excuse and at Trial, you will argue that, as a matter of contract law, as the Claimant is behaving as though his obligations are discharged under the said agreement, you can also treat your obligations under the same as discharged (just a suggestion)

 

You do need to file and serve your witness statement in response to and opposing the Claimant's application.

 

What date is the hearing set for?

 

Kind regards

 

The Mould

 

Fiona

 

See my above post as regards the Claimant's summary judgment app, in addition to your estoppel defence and compile your witness statement on these grounds in response to the same.

 

Kind regards

 

The Mould