I don't know what to do about this :(

blind-as-a-bat_2

Particulars of Claim The Claimant s claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974 whereby the Claimant provided the Defendant with a credit card and in return the Defendant agreed to pay at least the minimum payment given in the statement. A default notice was served on the Defendant which expired on xx/xx/2009. The Defendant has failed to comply with this. The Claimant s claim of x,xxx.xx is the sum owed plus accrued interest as at xx/xx/200x. Demand for payment has been made, however the sum due remains outstanding.

OK i have deleted the amount and dates just to be safe, but they are bog standard POC's

Right the questions:D

Does it quote the account number anywhere, to CLEARLY identify the account in question?

Did you recieve the default notice? if so i need to see that too.

They quote the CCA, so they need to provide proof they have one, but how important that is will depend on when the account was opened, so need to know the date the agreemant was supposadly signed.


Its unlikely as it is the bulk clearing centre, but just to be sure, you did not get a copy of the agreemant with the claim form did you?

And lastly, im assuming there will be some charges, as in late fees in there, if so any idea how much sibnce the account was opened

Once i have those answers i think thats all i need to know how best to procede

Will explain the relavence of all that tommorow;)

Flowerpot_2

blind-as-a-bat wrote: »

Does it quote the account number anywhere, to CLEARLY identify the account in question?
Not on the Claim form itself no - this was one of my problems actually, identifying the account.
Did you recieve the default notice? if so i need to see that too.
OH has certain paperwork 'notice in sum of arrears' & 'credit card agreement' he can't find/has binned everything else it seems.I'll send what i have to you Bat

They quote the CCA, so they need to provide proof they have one, but how important that is will depend on when the account was opened, so need to know the date the agreemant was supposadly signed.
Original credit card is 02/00
Its unlikely as it is the bulk clearing centre, but just to be sure, you did not get a copy of the agreemant with the claim form did you?
No
And lastly, im assuming there will be some charges, as in late fees in there, if so any idea how much sibnce the account was opened
Have no idea but OH is saying they have doubled the debt with charges etc since he stopped paying...........some time ago now obviously

Thankyou Bat - thankyou for your help
FP xxx

blind-as-a-bat_2

Morning FP

Looks like defending the first stage will be easy;)

I need to check a few things, but if i remember correctly, it states in the civil proscedure rules they must clearly identify the account, so there can be no mistake what they are sueing on.

As it was opened in 2000, you will need to send MBNA a CCA Request, and the solititors a CPR request for copies of documents they will be relying on in court.

They will mainly be statemants, the default notice and the agreemant, but they will probebly refuse at first, which is good if they do, as you then just tell the court tou cant issue a deffence, nor plead the case (admit or deny the claim) as you dont know to what they are suing, because they have not said;)

does that make sort of sense?

I will post the template letters you need later

Can you just confirm you have not acknowladged the claim on line yet have you? You have 14 days from the date of service, for which they allow 5 days, so in fact you have 14+5 days from the date of issue, so there is no hurry

The default notice would have looked something like this

blind-as-a-bat_2

Here is the CPR 18 request, courtasy of CAG, send to 0PTIMA legal, , have tweaked it a bit to better suit, i think ive got everything, anyone else feel free to chip in though if there is anything you would ommit/add

In the XXXX County Court
MBNA EUROPE BANK LTD -v- (YOUR NAME)
Claim Number: (CLAIM NUMBER)


Dear XXX

REQUEST FOR INFORMATION CPR 18

I have received a recent court claim from your organisation. In order to file a defence, and possible counter claim, I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the alleged executed credit agreement and any terms and conditions that applied to the alleged account at the time of default and at the time the alleged account was opened. True copies of any notice of assignment (if applicable) and/or default notice or enforcement notice that you or your client claims to have sent me, with a copy of any proof of postage that you hold.


1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

(a) a copy of the procedure(s) used for copying, storing and retrieving documents
(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)
(c) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with
(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

2. All records you, or your client, hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by your client
b. Where there has been any event in my alleged account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the alleged account.
c. Documents relating to any insurance added to the alleged account(if applicable), including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
d. Details of any collection charge added to the alleged account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
g. A list of third party agencies to whom you, or your clients, have disclosed my personal data and a summary of the nature of the information you have disclosed.
h. Copies of statements for the entire duration of the credit agreement.


3. Any other documents you seek to rely on in court.


I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Yours sincerely,

XXXX (type, don't sign).

Send recorded Delivery and keep proof of postage/delivery


I fully expect them to ignore or refuse this, once they do we shall follow with a CPR 31.14 request, but dont worry about that for now;)

Flowerpot_2

blind-as-a-bat wrote: »

Morning FP

Looks like defending the first stage will be easy;)

I need to check a few things, but if i remember correctly, it states in the civil proscedure rules they must clearly identify the account, so there can be no mistake what they are sueing on.

As it was opened in 2000, you will need to send MBNA a CCA Request, and the solititors a CPR request for copies of documents they will be relying on in court.

They will mainly be statemants, the default notice and the agreemant, but they will probebly refuse at first, which is good if they do, as you then just tell the court tou cant issue a deffence, nor plead the case (admit or deny the claim) as you dont know to what they are suing, because they have not said;)

does that make sort of sense? Yes

I will post the template letters you need later

Can you just confirm you have not acknowladged the claim on line yet have you? You have 14 days from the date of service, for which they allow 5 days, so in fact you have 14+5 days from the date of issue, so there is no hurry.........no haven't done that as yet although I thought of doing so last night :eek:

The default notice would have looked something like this

Evening Bat, thankyou for all of this info I have PM'd you just now..........sorry I haven't been home all day to respond :mad: (not a jolly, my elderly Mum needed me to help her with garden/shopping/et al). I shall get on with the letter tonight in order to post tomorrow thankyou!
Flowerpot x

blind-as-a-bat_2

I have replyed by PM FP as the figures dont add up, but dont wish to identify the acount to any 'guests' by posting them on the open board.

But there is enough to question the sums claimed on the court claim;)

EG the notice of arrears sates a payment in feb, and one in march that where missed, yet the payment in march is less than the one in feb, it should be higher.

The arrears stayed static from march to april, it should have increased

The sums simply dont add up;)

Flowerpot_2

blind-as-a-bat wrote: »

I have replyed by PM FP as the figures dont add up, but dont wish to identify the acount to any 'guests' by posting them on the open board.

But there is enough to question the sums claimed on the court claim;)

EG the notice of arrears sates a payment in feb, and one in march that where missed, yet the payment in march is less than the one in feb, it should be higher.

The arrears stayed static from march to april, it should have increased

The sums simply dont add up;)

Have just re-read the Default notice & the Statement of Arrears.........you're so right Bat the sums don't add up at all !
Flowerpot x

blind-as-a-bat_2

its enough to legitamatly dispute the claim, and thats all we needed to buy as much time as poss;):D

Flowerpot_2

blind-as-a-bat wrote: »

its enough to legitamatly dispute the claim, and thats all we needed to buy as much time as poss;):D

Thankyou bat, muchly muchly :T:T:T I'm a-getting there now
Flowerpot xxx