MBNA CC debt, sold to Hillies, DLC issued court papers

[francoe]

Removed last post.

 

Can anyone help with a defence regarding no CCA?

 

Thanks R

Edited November 6, 2013 by francoe

[francoe]

Ok My defence will be

 

Failure to provide a true copy of the credit agreement in which

this claim relies on in accordance with the Consumer Credit Act*

1974.

 

Any suggestions?

[francoe]

Had a rethink.

 

Failure to provide an original signed executed copy of the credit*

agreement on which

this claim relies in accordance with the Consumer Credit Act

1974.

[AndyOrch]

Have you submitted a defence franco?

 

Andy

[francoe]

Have you submitted a defence franco?

 

Andy

 

No.

Had to retire.Up at 5.00 for work.

I wont get back to a screen until 6.00 tonight.

Have been working 7 days pw for the last 4 weeks now & also trying to negotiate a new contract with another contractor as i am self employed.

 

Trying to keep on top of everything else as well.

 

 

Oh well i suppose no excuse.I could try & get my wife to look as shes part time & gets home just after lunch.

 

Any way the answer is no defence filed.

 

Cheers

[francoe]

Hi Andy

 

Any idea on what i should do?How to word the defence?

 

I will file it if i know how to word my defence in regards to the CA not provided.

 

I will have to chance my arm with the deadline dates although i suppose a letter will be with me shortly informing me of judgment.

 

Anyways would like to send off asap.So any ideas from anybody much appreciated.

 

R

 

p.s what would i expect to happen after judgment and my inabilty to pay.Does it go back to court for charging order.Can i fight it here?

[AndyOrch]

Have you checked MCOL screen to see the status...is the option to submit a defence still available?

[francoe]

Have you checked MCOL screen to see the status...is the option to submit a defence still available?

 

yes it was last night i will check again now

[francoe]

Hi Andy yes it is.

[AndyOrch]

Here is a defence that I have drafted yesterday for another poster...it will give you an idea of form and content...have a go at editing it to suit your situation.

 

The particulars of claim read as follows:

 

1.The claimant claims the sum of 5232.23 for debt and interesticon. On 26/08/02 the defendant entered into an agreement with MBNAicon for a credit card under reference xxxxxxxxxxxxxxxx.

 

2.On 31/08/12 the defendant defaulted on the agreement with an outstanding balance of 4,873.34.

 

3.On 24/10/12 the debt of 4,873.34 was assigned to Aktiv Kapital portfolio As Oslo Zug Branch.

 

4.Notice of assignment was sent to the defendant in accordance with s136 Law of Property act 1925.

 

And the claimant claims

 

1. The sum of 4,873.34

2. Statutory interesticon pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum

from 24/10/12 to 25/9/13 358.89, & thereafter at a daily rate of 1.07 until judgement or sooner payment.

 

######Defence######

 

 

Paragraph 1 is admitted with regards to entering into an agreement with MBNAicon for credit facilities the agreement also included PPIicon which was unsuitable as I was self employed..

 

Paragraph 2 is admitted because MBNAicon were and still are in default of my section 78 request dated xxx xxxxx xxxx.MBNA did not serve a Default Notice.

 

Paragraph 3&4 are denied as yet the claimant has failed to serve a Notice of Assignment accordance with s136 Law of Property act 1925 and therefore yet to prove they are entitled to bring this claim.

 

On receipt of this claim I requested a further section 78 request from the claimant dated xxx xxxxxx xxxx sent recorded and delivery and signed for on the xxx xxxxx xxxxx.The claimant has yet to comply.

Furthermore on the xxx xxxx xxxxx I requested copies of the documents referred to in the claimants particulars of claim by way of a Civil Procedureicon Request 31. PD 14.The claimant has yet to respond.

 

On the xxx xxxx xxxx I requested extra time to submit my defence by way of a CPR 15.5 to enable the claimant to comply with the above requests.The claimant responded they are unable to serve the information at this time but agreed to an 14 days to submit my defence......to start after they have complied with my disclosure requests and not stating an agreed time for submission.

 

It is my contention that the claimant has acted this way to frustrate and confuse my submission date to enable themselves to attain a judgment by default.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

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

 

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

 

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.

 

Until such time the Claimant can comply with my request for a copy of the agreement/Default Notice it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974

 

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

 

 

 

Okay complete the dates marked xxxxxxxx and check for accuracy ...edit to suit if you are not happy with any of the above.

 

Copy and paste into MCOL and print a receipt of submission time dated.

 

 

Best I can offer at this late stage franco

 

Regards

 

Andy

[francoe]

Good God!

 

It may take me some time to get my head through this.

 

But I much appreciate your help.I least I will be comfortable knowing that I had a try.

 

Thanks Andy

 

Will post up an amended copy later.

 

R

[francoe]

Hi Andy

 

If your about what do you think.

 

Does this sound right.If so i would like to get off asap.

 

Please pick holes.

 

R

[francoe]

On another point.

 

I wasn't sure about para 5 as i do not refer to it but i don't agree with their balance.Should there be a mention to this & if so how would this word?

 

Thanks

[francoe]

gone as is.

 

See what happens next.

 

Thanks

[francoe]

Hi Andy if your around

 

Received court notification letter regarding my defence ,so phew!

 

Reply as per scan.

 

Also prior to this i received letter from dca regarding my cca request.As per post.

 

They state in the letter to respond by 21 days.I have heard nothing.

 

Can you tell me how to follow this up.Do i send them a reminder letter?

 

Any advice?

 

Thanks R

[AndyOrch]

They can take as long as they wish they are in default after 12+2 days....you dont do anything...they make the next move by responding to your defence.

 

Regards

 

Andy

[francoe]

Hi Andy & others

 

Have received reply from DLC as per my CCA request.

 

Same document as was posted at start of thread.

 

Also there are 10 sides of t&c s.This is interesting to the fact that if you note where the application form was filled in,sorry agreement! was filled in it was a motorway service station.Well we all know that these places are very busy.How would it be fair to suggest that an applicant would be able to read & understand the 10 sides of t & c s in this environment.

 

Therefore the applicant you would presume would be sent documentation to there home address for agreement.

 

What do you think?

 

 

Thanks R

[francoe]

Hi All

 

Just an update.My defence was received by MCOL 8/11/2013.DCA had 28 days to respond.It would seem this time has passed.I have heard nothing & there is no update to the case on MCOL.

 

Hope this is how it will remain.

 

Another question that this now raises is that if it is stayed they have added an extra £280.00 to my balance.

 

How do i attack this?

 

Thanks R

[AndyOrch]

You don't ...wait until (if) they make application to lift the stay and then challenge it...its not included in the claim amount and the agreement has ended....they can add as much as they like...you wont be paying it.

 

 

Regards

 

 

Andy

[francoe]

Cheers Andy

 

Thanks for all your advice.

Your av would suggest you are looking much better now!

 

Cheers R

[AndyOrch]

Yes its all the bananas

[francoe]

Hi again

 

Back from a break with DLC.

 

Right just an update as DLC have decided to answer my defence that was filed in November 2013.

 

I have attached a copy of the cover letter which outlines there intention along with supplying me with copies of alot of paperwork which dosnt really mean much.Except possibly one.

 

Just to recap the claim was thus

 

1.The Claiments Claim is in respect of a credit facility xxxxxxxxxxxx,provided by MBNA at the defendants request on the xxxxxx

 

2.Failure to meet requests for payment resulted in the account being defaulted.

 

3.On xx/xx/xxxx, all legal and beneficial interest for the monies was assigned to hillesden securities ltd.

 

4.The defendant was duly notified in writing of the assignment and that a balance of xxxx.xx was due.

 

5.The balance of xxxx.xx remains owing from the defendant.

 

My defence was thus

 

Paragraph 1 is admitted in regards to entering into an agreement with MBNA for a credit facility.

 

Paragraph 2 is denied as MBNA did not serve Default Notice.

 

Paragraph 3/4/5 are denied as yet the claimant has failed to serve a Notice of Assignment in accordance with s136 Law of Property act 1925 and therefore yet to prove they are entitled to bring this claim.

 

On receipt of this claim i requested a section 78 request from the claimant dated xx/xx/xxxx sent recorded delivery & signed for on the xx/xx/xxxx.

 

The claimant has yet to reply.

 

Therefore the claimant is put to strict proof to:

 

(a) Show how the defendant has entered into an agrrement with the claimant; and

(b) Show how the defendant has reached the amount claimed for; and

© Show how the claimant has the legal right,either under statute or equity to issue a claim.

 

As per civil procedure rule 16.5(4),it is expected that the claimant prove the allegation that the money is owed.

 

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.

 

Until such the claimant can comply with my request for a copy of the agreement/default notice it relies upon, they are prevented from enforcing or requesting any relief as pursuant to the cca 1974.

 

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.

 

So here is their response.

[citizenB]

So they are claiming that you made payments AFTER the assignment - to whom were those payments made? Presumably that would confirm or deny whether or not you had received the Notice and acted on it.

[francoe]

Ok

 

So reverting back to their covering letter

 

They have sent me

1.A copy of the agreement (posted in previous posts)

2.T& C s from a period when account was defaulted (not when account was requested)

3.A default notice.

4.A notice of assignment TEMPLATE.

5.Statements from MBNA

6.Statement of account showing payments following assignment.(see attachment/date)

 

So my interest lies in the notice of assignment.Why a template letter an not with all information?(see attachment)

 

As i imagine, if i said i did not receive a noa why did i start paying dlc?

 

Well after instruction from MBNA (see attachment) but is this a notice of assignment?Note date.

 

And then a letter from dlc.

 

Apart from the question of the agreement being enforceable l i feel this case lies in the assignment or am i totally wrong.

 

I believe this will go to court & need to have my house in order.

 

Hi Andy any advice!

[francoe]

Hi cb

 

We are in between posts i was busy typing but thats exactly right but at the time i went with what i was told to do.MBNA told me to pay dlc/dtl at that address.So i did.