MCE Claimform - Old MBNA Card 'debt'***Claim Discontinued***

[AndyOrch]

Yes thats fine and should suffice...edit that in.With regards to LBA only if its from the Claimant or solicitor named on the claim...if not then you deny that that have complied with sections III and IV of the practice direction on Pre-Action Conduct and add that as your point 4....and also at d).

 

Then your good to go.

[pbaron]

once again thank you for your assistance.

[pbaron]

Update :

 

Had acknowledgement through from Optima that once the documents ive requested are sent i will have 14 days more time to defend.

 

ALSO

 

MCE have sent through the "Notice of assigment" (Which isnt from the original creditor its been assigned from the previous debt collector who couldnt prove they owned the debt !) and stated they dont have a copy of the agreement in their records and they have requested it.

 

The expiry date for the CCA request of 12 days is on Monday!

 

Do i need to do more or wait for a response

[AndyOrch]

They dont set any time limits...you have already submitted your defence I presume?

 

Andy

[pbaron]

Morning Andy

 

Sure have, and received acknowledgement from the court

 

Regards

 

Paul

[pbaron]

Morning all

 

Ive been getting letters from 1st Credit who are chasing an ex MBNA debt after sending a statute barred letter.

 

According to my old credit report the date of default means over 6 years has passed

 

 

however they have sent me a history of transactions showing i paid £7.30 to connaught collections on the 26/01/2010 which was correct

 

In May 2010 i sent a CCA letter which i had no reply,

then the 2nd CCA letter which i got no reply.

 

 

Then they issued court proceedings for a Stat demand of which i successfuly got set aside in June 2010

due to them not being able to prove they own the debt.

(I have a letter from Connaught Collections/1st Credit confirming this)

 

Can i have some help to my next step please,

am i right in thinking the debt is going to become statute barred then 6 years after the last payment ?

which will be January 2016...

Do i reissue a CCA request along with sending copies of previously sent letters etc

 

Thanks for your help

[dx100uk]

pers I'd do nowt

 

 

why enter letter tennis?

 

 

theres no CCA and its already been set aside once

 

 

dx

[citizenB]

When they issued the stat demand - the time barred clock would have stopped. However, when you got it set aside, then it would have restarted.

 

So you need to count the time from the last payment made minus the time it took from the stat demand date to have that set aside (what 2-4 weeks?) and then start counting again, so probably around July 2016.

 

So was the stat demand the last you had heard from them in this respect ? If they are not bothering you, then I would take heed of dx and don't make contact with them at all.

 

If they make contact with you, then let us know and we can take it from there.

[Bazooka Boo]

Do I reissue a CCA request along with sending copies of previously sent letters etc

 

NO, sending multiple CCA requests is pointless, once they have failed to supply the agreement, then you do nothing, you don't tell them

that they have failed, and you most certainly don't send another CCA request off just so they can then find one or magic one up.

[dx100uk]

An SD does not stop the SB clock

[pbaron]

Hi

 

Thanks for the replies

 

They stopped regularly sending letters after the Stat demand was set aside. They ramped up their letters for the past few months and now they proved a payment was made in 2010 they are hassling to get a payment plan setup.

 

I will ignore them then and post up if any sinister letters arrive.

[pbaron]

Hi

 

We have now received a letter from optima legal saying they have received our letter asking for documents as above but that their client disagrees with our defence and is looking to proceed and as such has included a copy letter sent to the court

 

What happens now please

[dx100uk]

you wait could be silly arm waving.

 

 

they've gotta come up with the enforceable signed agreement and the correct T&C's first

else they'll look rather silly in court with no proof:madgrin:

[pbaron]

Dx100uk - thanks very much will do. So we would receive a copy of the agreement etc if they do have it before anything happens, then 14 days to defend

[dx100uk]

you have already defended the claim.

[pbaron]

Yes it's just they sent a letter saying once they supply the information requested we will have a further 14 days- will wait and see what happens then

 

Thanks again

[dx100uk]

its not for them to say anytime limit

 

 

its for the court

 

 

dx

[AndyOrch]

Hi

 

We have now received a letter from optima legal saying they have received our letter asking for documents as above but that their client disagrees with our defence and is looking to proceed and as such has included a copy letter sent to the court

 

What happens now please

 

So if they have informed the court they wish to proceed...you will receive a Directions Questionnaire (N180) to complete and submit by the date stated...this allocates the claim to track.

 

So you wait.......

 

Andy

[pbaron]

ok Andy thanks

[pbaron]

well the court form dropped through our letterbox this morning. Looks like they are wanting to go to court.

 

Whats the next step please

[Ganymede]

well the court form dropped through our letterbox this morning. Looks like they are wanting to go to court.

 

Whats the next step please

 

Which form?

 

N180 Directions Questionnaire?

[Hook Recordings]

Hello everyone,

 

I got a letter out of the blue today from first credit concerning a loan i took out back in 2002..In september 2005 i got divorced and things went per shaped and i went to rehab for various reasons.. I havent made a payment to them since 0ct/sept 2006. The letter is addresed in my name but it asks to confirm who lives at the address as it says my name has been supplied as a possible address.so they dont know for sure.

 

Im just a house husband whose got his life back on track and obviously im very worried. My girlfriend whose house it is also worried . I thoiught this would have been statute barred by now.

 

can any ons advise me please.

 

thanks

[dx100uk]

Hello everyone,

 

I got a letter out of the blue today from first credit concerning a loan i took out back in 2002..In september 2005 i got divorced and things went per shaped and i went to rehab for various reasons.. I havent made a payment to them since 0ct/sept 2006. The letter is addresed in my name but it asks to confirm who lives at the address as it says my name has been supplied as a possible address.so they dont know for sure.

 

Im just a house husband whose got his life back on track and obviously im very worried. My girlfriend whose house it is also worried . I thoiught this would have been statute barred by now.

 

can any ons advise me please.

 

thanks

 

 

you need to start a new thread

of your own

please

 

 

dx

[pbaron]

Yes the n180

[pbaron]

Yes the n180

 

Hi

 

Can anyone help please- also says about option of mediation too. They still havent sent us any agreements etc as requested