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dlc ccj application

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  • dlc ccj application

    Hi,

    Have been served by Mortimer clarke ccm application, for MBNA transferred debt to dlc, issued **st dec (nice of them to see me this xmas present), for 10979.22, plus fees =£11573.28, have acknowledged claim, got letter offering 28 days and they wouldn't do anything till they got response from my CPR 31.14 request, but I didn't send a CCA request to dlc, not understanding the process properly.

    I am now late in filing defines after additional 28 days, but don't want to file standard letter on this site, as I needed to remove a couple of sections i.e. CCA default on their part etc, will paste at bottom of this.

    What are the consequences of being late with defence when sols said wouldn't do anything further, and would amendments to defence letter below be ok?

    Any help very much appreciated, as I am sure they are going to send me an Easter pressy for another debt with dlc soon!

    I have also had a reply to my cpm request which states-
    "you have requested a deed of the assignment. Our client considers that it has no statutory obligation to provide you with any further documents in relation to the assignment. It has complied with its statutory obligations by sending you notice of assignment in accordance with section136 of the law of property act 1925"

    Yet I have never had any such document! are Mortimenr clarke correct?

    I have scoured other threads, but can't find anything to help.





    DEFENCE


    1: I received the claim Claim Number ******* from the Northampton County Court on **th ****mber 2015


    2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


    3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.




    4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


    5. The Claimants statement of case states that the account was assigned from MBNA to Hillesden Securities LTD T/A DLC. The Defendant does not recall receiving notice of this assignment.


    6. It is denied that MBNA served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


    7: On the 4th January 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .


    8. Mortimer Clarke Solicitors Ltdhas not sent any of these documents to me and need extra time to send these documents.


    9: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.


    10. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.


    11. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.


    12. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


    13. It is denied that the Claimant is entitled to the relief as claimed or at all.


    Statement of Truth


    The Defendant believes that the facts stated in this Defence are true.
    Tags: None

  • #2
    Re: dlc ccj application

    Just to add, got into this situation due to severe PTSD from fatal accident in 2004 which left me with severe anxiety/depression hence such poor handling of situation!

    Comment


    • #3
      Re: dlc ccj application

      Originally posted by rangiemad View Post
      Hi,

      Have been served by Mortimer clarke ccm application, for MBNA transferred debt to dlc, issued **st dec (nice of them to see me this xmas present), for 10979.22, plus fees =£11573.28, have acknowledged claim, got letter offering 28 days and they wouldn't do anything till they got response from my CPR 31.14 request, but I didn't send a CCA request to dlc, not understanding the process properly.

      I am now late in filing defines after additional 28 days, but don't want to file standard letter on this site, as I needed to remove a couple of sections i.e. CCA default on their part etc, will paste at bottom of this.

      What are the consequences of being late with defence when sols said wouldn't do anything further, and would amendments to defence letter below be ok?

      Any help very much appreciated, as I am sure they are going to send me an Easter pressy for another debt with dlc soon!

      I have also had a reply to my cpm request which states-
      "you have requested a deed of the assignment. Our client considers that it has no statutory obligation to provide you with any further documents in relation to the assignment. It has complied with its statutory obligations by sending you notice of assignment in accordance with section136 of the law of property act 1925"

      Yet I have never had any such document! are Mortimenr clarke correct?

      I have scoured other threads, but can't find anything to help.





      DEFENCE


      1: I received the claim Claim Number ******* from the Northampton County Court on **th ****mber 2015


      2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


      3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.




      4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


      5. The Claimants statement of case states that the account was assigned from MBNA to Hillesden Securities LTD T/A DLC. The Defendant does not recall receiving notice of this assignment.


      6. It is denied that MBNA served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


      7: On the 4th January 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Clarke Solicitors Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .


      8. Mortimer Clarke Solicitors Ltdhas not sent any of these documents to me and need extra time to send these documents.


      9: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.


      10. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.


      11. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.


      12. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


      13. It is denied that the Claimant is entitled to the relief as claimed or at all.


      Statement of Truth


      The Defendant believes that the facts stated in this Defence are true.


      If it were me, I'd ring the court (number is on the claim pack) to check on the status of the claim.

      It appears to me that you may have missed the court deadline (but math has never been my strong suit!)
      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


      • #4
        Re: dlc ccj application

        Hi Charitynjw,

        thank you for your response, I know I have missed the deadline for submitting defence, but I had an email from the court letting me know to either submit defence OR contact the solicitors directly, which I haven't yet done as they wrote saying no further action would be taken until they had a response from their client re the CPR request.


        Should I still submit the defence as posted at the bottom of my original post, or are the changes I had to make to the defence letter damaging in any way, and should I also send a cca request to DLC now at this late stage?

        Thanks again.

        Comment


        • #5
          Re: dlc ccj application

          Hi,

          I really could do with some advise on the above as soon as possible if anyone is able to help.

          Kindest regards

          Comment


          • #6
            Re: dlc ccj application

            [MENTION=6]Amethyst[/MENTION] or [MENTION=55034]nemesis45[/MENTION] should be able to advise (I've tagged them for you)

            Did you ring the court as Charity suggested??
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment


            • #7
              Re: dlc ccj application

              Hi Kati,

              I tried ringing but as usual just rang on and on, so checked again on mcol, and still pending. Sorry to have to ask for help, but just don't want to do myself over with he changed defence letter, if it is still possible to log this defense on mcol, after the deadline.

              Thanks again.

              - - - Updated - - -

              I don't know if this makes any difference nowadays, but MBNA were told categorically about the reason for not being able to service the debt, i.e. severe PTSD at the time (mental health issues) but this only seemed to make them more aggressive, and not sure if they would have passed this on to Hillensden/DLC. At the time, even the cards with PPI wouldn't acknowledge this as a reason to pay out!

              Thank you

              Comment


              • #8
                Re: dlc ccj application

                [QUOTE=rangiemad;630824]Hi Kati,

                I tried ringing but as usual just rang on and on, so checked again on mcol, and still pending. Sorry to have to ask for help, but just don't want to do myself over with he changed defence letter, if it is still possible to log this defense on mcol, after the deadline.


                Hi, Unfortunately Hiilesden/DLC will have no knowledge of any communications with MBNA your debt is one of thousands sold in a portfolio of debt with the absolute basic minimum of detail.

                Court Office public access times for call and visits have been drastically cut back the usual 1000hrs to 1600hrs are now around 1000hrs to 13/1400hrs.

                Have you tried to submit by MCOL without success you can post with a covering letter re problems. use1st Class signed for post.
                HMCTS are aware the site is not infallible.

                nem

                Comment


                • #9
                  Re: dlc ccj application

                  Hi Nemesis45,

                  Thanks for the response, I finally got through to the MCOL phone help desk, she was extremely helpful and I have followed her advice to submit the defence via email which she said, as long as I put "_ defence" in the title of the email, would be processed straight away.


                  The MCOL site would have still let me submit the defence, but I have an added complication that my wife works in the neighbouring Mags Court, and both of us know staff at the county personally, so couldn't use MCOL as this would automatically trigger the case to be transferred to the local court, which could have put me in a position of being accused of having court staff interfere with the case, hopefully this request will be acted on and I will let you know in due course.

                  One final question though, should I still send a CCA request to DLC as I still haven't done this, and didn't know wether it is too late to do, or if it will trigger the solicitors to take further action, after reading the article by Paulwatson solicitors which seemed to go against all the advice given on this thread as to the validity of this defence. URL :- https://paulwatsonsolicitors.wordpress.com/2013/03/09/and-s77-79-consumer-credit-act-1974-is-still-causing-the-credit-industry-problems/#respond

                  Thanks again and please let me know re the CCA request.
                  Last edited by rangiemad; 14th March 2016, 11:24:AM. Reason: 1 incorrect ampersand in the URL

                  Comment


                  • #10
                    Re: dlc ccj application

                    HI yes send the CCA request, don't forget the£1 stat fee, use a postal order and write " For Statutory Fee Only " on it, make a copy to keep for your records as the Cabot group including Hillesden are playing silly buggers with CCA request claiming not to have received " a compliant" CCA request or not having received the fee.

                    Use signed for post check delivery date and print off the signature.

                    nem

                    Comment


                    • #11
                      Re: dlc ccj application

                      will do tomorrow!

                      Thanks

                      Comment


                      • #12
                        Re: dlc ccj application

                        Have only just had chance to scan and upload the latest letter, that they have sold the debt internally and wondered if this would cease the court action, or if the application transfers to the new owner. I am assuming that Cabot are just re-arranging their internal account structure.
                        Last I heard from their solicitors was to inform me they were taking instruction from their client and nothing would happen until they have been given their instruction. I have checked with mcol and last entry on their system was defence received.
                        Am I clutching at straws they can't transfer the court claim to the new owner, what is the precedent for this?
                        Kindest regards
                        Rangiemad
                        Attached Files

                        Comment


                        • #13
                          Re: dlc ccj application

                          Originally posted by rangiemad View Post
                          Have only just had chance to scan and upload the latest letter, that they have sold the debt internally and wondered if this would cease the court action, or if the application transfers to the new owner. I am assuming that Cabot are just re-arranging their internal account structure.
                          Last I heard from their solicitors was to inform me they were taking instruction from their client and nothing would happen until they have been given their instruction. I have checked with mcol and last entry on their system was defence received.
                          Am I clutching at straws they can't transfer the court claim to the new owner, what is the precedent for this?
                          Kindest regards
                          Rangiemad
                          Hi,

                          Yes they can do this.

                          This sort of action it seems is the Cabot group rationalising and reorganising through out this is happening with other companies as well.

                          nem

                          Comment


                          • #14
                            Re: dlc ccj application

                            Thank you very much for such speedy response, I thought as much and will post in due course what happens next.

                            Comment


                            • #15
                              Re: dlc ccj application

                              Originally posted by rangiemad View Post
                              Thank you very much for such speedy response, I thought as much and will post in due course what happens next.
                              There is definitely some great " rationalisation " going on in the debt purchase " industry" as a whole.

                              I'll look out for your post.

                              nem

                              Comment

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