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MBNA taking me to County Court - Urgent help needed

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  • MBNA taking me to County Court - Urgent help needed

    I had an MBNA CC, lost my job and within months could not pay them anything. I spoke to CCCS and they suggested I offer and regardless of MBNA's response pay them £1 per month. I made a CCA request that MBNA ignored and after a reminder I placed Account in Dispute. I had a letter of intention of sending me default notice which never came. Letter invited me to phone them to seek help but on the phone they insisted on either payment of arrears or full settlement. I could do neither. Then started harassing calls. Anyway, earlier this year Varde's solicitors sent me court notice which I defended and then months later case was transferred to County Court. At the preliminary hearing they produced my Applications Form (insisting this was CCA), Default notice and letter of assignment. They claimed that as I had been making regular payments I must acknowledge the debt. They claimed they had sent these documents to me twice but none were received. Judge checked my address and took their word, ordered me to produce particularised defence. This I did questioning CCA, Varde's license to operate and MBNA selling the debt when the debt was in dispute. Now the case has been referred to FastTrack (attached letter). To kick off, I need to produce Disclosure Documents and Disclosure statement. And I don't have a clue.
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  • #2
    Re: MBNA taking me to County Court - Urgent help needed

    Have you sent a CPR31.14 request to varde as that is the request for disclosure of documents they are basing their claim on?

    Also in your defence you need to strict them to proof that the application is a true signed copy of the original and not a reconsituted or what the original will have looked like. Also strict them to proof of postage of the DN and prove of service of the DN (service is when its received by you). Simply producing a copy in court with your address and details on does not prove it was sent to you or even received by you.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

    Comment


    • #3
      Re: MBNA taking me to County Court - Urgent help needed

      Unfortunately a reconsituted agreement is now acceptable for the purposes of CCA s78.

      You could counterclaim for the harrasment, you need to create a reply, 'Defenece and Counterclaim'. There is usually a fee for the counterclaim but if you are on benefits or a low income, you cna complete form EX160 to obtain exemption form or reduction of this.

      Comment


      • #4
        Re: MBNA taking me to County Court - Urgent help needed

        For clarity (or 'have I got it wrong.....again', lol)

        GoldenEagle mentions the 'application' form.*

        If, however, it contains the prescribed terms, statements concerning right of cancellation, signature, etc., my understanding is that, in law, it is regarded as an 'offer', which the creditor can accept or reject.

        If accepted, the creditor sends confirmation in the prescribed manner. (Usually with the CC.)

        There then exists a regulated agreement, which imposes liability (ie duty to keep card safe, etc.), & when used, a liability to contractual payments.

        *My point being that the 'application form' could be more than just an enquiry as to the possibility of obtaining credit.
        Last edited by charitynjw; 9th January 2012, 13:35:PM.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: MBNA taking me to County Court - Urgent help needed

          Originally posted by SpringerSpaniel View Post
          Unfortunately a reconsituted agreement is now acceptable for the purposes of CCA s78.

          You could counterclaim for the harrasment, you need to create a reply, 'Defenece and Counterclaim'. There is usually a fee for the counterclaim but if you are on benefits or a low income, you cna complete form EX160 to obtain exemption form or reduction of this.

          But section 78 only applies to CCA requests, are they no longer required to produce a True Copy of the original in court?
          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

          The Governess; 6th March 2012 GRRRRRR

          Comment


          • #6
            Re: MBNA taking me to County Court - Urgent help needed

            Originally posted by SpringerSpaniel View Post
            Unfortunately a reconsituted agreement is now acceptable for the purposes of CCA s78.
            Not quite correct, especially if the original terms were varied!

            Impossible to make a blue peter without the original terms upon which the agreement was founded.

            Comment


            • #7
              Re: MBNA taking me to County Court - Urgent help needed

              Originally posted by Angry Cat View Post
              Not quite correct, especially if the original terms were varied!

              Impossible to make a blue peter without the original terms upon which the agreement was founded.
              Agreed and also as HJ Waksman went to great lengths to point out, S78 is for information only not the 'proof purpose' of a valid credit agreement (S61).
              ------------------------------- merged -------------------------------
              Originally posted by teaboy2 View Post
              ........................, are they no longer required to produce a True Copy of the original in court?
              Only if asked by the debtor to prove there was a valid agreement signed by him/her. Most creditor biased judges would accept a recon unless the defendant hammers home the legal requirements of S61.
              Last edited by basa48; 9th January 2012, 21:40:PM. Reason: Automerged Doublepost
              They were out to get me!! But now it's too late!!

              Comment


              • #8
                Re: MBNA taking me to County Court - Urgent help needed

                Originally posted by GoldenEagle View Post
                I had an MBNA CC, lost my job and within months could not pay them anything. I spoke to CCCS and they suggested I offer and regardless of MBNA's response pay them £1 per month. I made a CCA request that MBNA ignored and after a reminder I placed Account in Dispute. I had a letter of intention of sending me default notice which never came. Letter invited me to phone them to seek help but on the phone they insisted on either payment of arrears or full settlement. I could do neither. Then started harassing calls. Anyway, earlier this year Varde's solicitors sent me court notice which I defended and then months later case was transferred to County Court. At the preliminary hearing they produced my Applications Form (insisting this was CCA), Default notice and letter of assignment. They claimed that as I had been making regular payments I must acknowledge the debt. They claimed they had sent these documents to me twice but none were received. Judge checked my address and took their word, ordered me to produce particularised defence. This I did questioning CCA, Varde's license to operate and MBNA selling the debt when the debt was in dispute. Now the case has been referred to FastTrack (attached letter). To kick off, I need to produce Disclosure Documents and Disclosure statement. And I don't have a clue.
                Disclosure is just advising the claimants what documents you intend to rely on in court. These will include all yours and their letters and all 'agreements', DNs, NoA's etc. Include everything rather than leave some vital item undisclosed.

                The statement will be all the Acts, Regs and case law etc. you will be citing. DO NOT explain chapter and verse, this gives your whole defence away too soon.

                You need to be poring over this forum, CAG, all the Acts Regs and relevant case law to build up your defence.

                Make it simple but to the point and above all accurate and relevant. Be bloody sure you are right and know what you are talking about.
                They were out to get me!! But now it's too late!!

                Comment


                • #9
                  Re: MBNA taking me to County Court - Urgent help needed

                  Thanks Teaboy. I did send CPR 31.14 to Varde's solicitors asking for agreement, default notice, Notice of assignment, termination and statement of accounts. I received nothing but they claimed to have posted twice. At the priliminary hearing their solicitor produced all these and gave me copies of all except teremination notice and statement - she was coy about letting me see the statements. I spoke to financial ombudsman who suggested I make a Formal Complaint to MBNA re them selling account on when it was in dispute and not notifying me or sending me assignment or termination letter (these look very fishiy in the sense that only MBNA rep has put his/her name). They never produced the termination notice. I told the judge that I received nothing, the judge confirmed the address with me and asked Varde's slicitor to give me the copies and copies were really bad. Since then they have sent me decent copies of terms and conditions. In addition to making formal complaint to MBNA, I was thinking of sending SAR but not sure who it should go to.

                  Also, what is 'Defenece and Counterclaim' and how do I get one? I am not on benefits - Thank God.
                  Last edited by GoldenEagle; 9th January 2012, 22:51:PM.

                  Comment


                  • #10
                    Re: MBNA taking me to County Court - Urgent help needed

                    What timescale have you got on this?

                    Have a read at this might explain a few things for you.

                    http://www.sfla.co.uk/litigation/claim-counterclaim.htm

                    Comment


                    • #11
                      Re: MBNA taking me to County Court - Urgent help needed

                      Edit

                      Apologies - intended post may have hijacked thread
                      Last edited by charitynjw; 10th January 2012, 05:14:AM.
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: MBNA taking me to County Court - Urgent help needed

                        Just till the end of this week for submitting disclosure stuff. So, I am desperately looking for guidance, inspiration and hopefully divine interruption. I am sick of these guys - they are criminals really with judicial blessings.

                        Comment


                        • #13
                          Re: MBNA taking me to County Court - Urgent help needed

                          Originally posted by basa48 View Post
                          Only if asked by the debtor to prove there was a valid agreement signed by him/her. Most creditor biased judges would accept a recon unless the defendant hammers home the legal requirements of S61.
                          Yep just as i thought, section 61 still applies.

                          Originally posted by GoldenEagle View Post
                          Thanks Teaboy. I did send CPR 31.14 to Varde's solicitors asking for agreement, default notice, Notice of assignment, termination and statement of accounts. I received nothing but they claimed to have posted twice. At the priliminary hearing their solicitor produced all these and gave me copies of all except teremination notice and statement - she was coy about letting me see the statements. I spoke to financial ombudsman who suggested I make a Formal Complaint to MBNA re them selling account on when it was in dispute and not notifying me or sending me assignment or termination letter (these look very fishiy in the sense that only MBNA rep has put his/her name). They never produced the termination notice. I told the judge that I received nothing, the judge confirmed the address with me and asked Varde's slicitor to give me the copies and copies were really bad. Since then they have sent me decent copies of terms and conditions. In addition to making formal complaint to MBNA, I was thinking of sending SAR but not sure who it should go to.

                          Also, what is 'Defenece and Counterclaim' and how do I get one? I am not on benefits - Thank God.
                          Your defence form should be included in the particulars of claim pack (N9B - Download and fill it in - includes counterclaim). Heres a link for issue a counter claim - PART 20 - COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS - Ministry of Justice

                          And one for Defence - PART 16 - STATEMENTS OF CASE - Ministry of Justice



                          Originally posted by GoldenEagle View Post
                          Just till the end of this week for submitting disclosure stuff. So, I am desperately looking for guidance, inspiration and hopefully divine interruption. I am sick of these guys - they are criminals really with judicial blessings.
                          Have you received a request for diclosure of documents from the claiment?

                          If you need help with your defense just ask us boys and girls here.
                          Last edited by teaboy2; 10th January 2012, 18:48:PM.
                          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                          The Governess; 6th March 2012 GRRRRRR

                          Comment


                          • #14
                            Re: MBNA taking me to County Court - Urgent help needed

                            Thanks teaboy2. I am not sure what defence to put in - this is where I need help. I don't even have money for the coffin and these guys are taking me to court. I am making a formal complaint to MBNA about how they have conducted this. I am also doing an SAR. Then there is license for Varde to operate. And, CCA. - I shall hunt these and post them here. They say that because I have been paying £1month regularly, I must acknowledge the debt. A/c in dispute because they never responded to my CCA request. I really don't know where I stand. Yes Experto Credite made my life misery with they intimidating and threatening calls, calls to mobile and SMS with limited time offers. But what do I say, what value do I put on the form.!!! I haven't received any request from claimant for disclosure.
                            Last edited by GoldenEagle; 11th January 2012, 00:51:AM.

                            Comment


                            • #15
                              Re: MBNA taking me to County Court - Urgent help needed

                              Have they sent you disclosed documents?

                              Also call the court and tell them you intend to defend but require a time extension. Though i believe if you hand the acknowledgement of service within the initial 14 day period, you should get another additional 14 days in which you can fil your defense.
                              Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                              By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                              If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                              I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                              The Governess; 6th March 2012 GRRRRRR

                              Comment

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