County Court papers MBNA /ME III ltd

[nemesis45]

Re: County Court papers MBNA /ME III ltd

I dont know how to tag anyone for help??

Hello Emma,
A tag is the user name of the person you want to contact e.g. [MENTION=55034]nemesis45[/MENTION]

Have there been any payments or written acknowledgments of the debt in the last 6 years?

nem

[EmmaS]

Re: County Court papers MBNA /ME III ltd

No none

and thanks for the help with tagging!

- - - Updated - - -

There is only this reference, after the account was sold, dated 16 March 2011 Min Pay sched 13 & PA sched 2 update Q1 2011

but nothing from me, no contact from me since 31/03/2009 and no payments since, it looks like, August 2008

[EmmaS]

Re: County Court papers MBNA /ME III ltd

In the accompanying letter they say that they have not sent copies of automated or systems generated correspondance, such as default notices or Sums in arrears notices as they have not been retained.

so I dont have a copy of the default or termination notice or date. I only have the date that the account was charged off and sold on to the first debt company

[nemesis45]

Re: County Court papers MBNA /ME III ltd

No none

and thanks for the help with tagging!

- - - Updated - - -

There is only this reference, after the account was sold, dated 16 March 2011 Min Pay sched 13 & PA sched 2 update Q1 2011

but nothing from me, no contact from me since 31/03/2009 and no payments since, it looks like, August 2008

If for safety you take the default date as the start of the relevant six year period re the provision of the Limitation Act 1980 and no payments or unequivocal written acknowledgments have been made since the debt would be statute barred.
nem

Have you checked with the court on the status of the claim?

[Diana M]

Re: County Court papers MBNA /ME III ltd

You've posted that there's a reference to "sold to direct legal" in April 2009.

What's that all about since they're not mentioned in the POC?

Is it referring to dlc, and could you have made any payments to them?

Di

[EmmaS]

Re: County Court papers MBNA /ME III ltd

No I have made no payments to anyone at all on this debt since the last payment to MBNA back in August 2008

I am guessing that the debt has been sold on.

The court papers were sent under a company called ME III Ltd, of whom I have had no contact prior to the court papers (though believe they are part of cabot group)

prior I had a notification from dlc dated 09/11/16

the most recent correspondance as detailed in my 26 Jan message is back with dlc

The court has received my defence and their reply is also in my 26 Jan message

[EmmaS]

Re: County Court papers MBNA /ME III ltd

Also all the SARS material I have, but I have not received anything from ME III Ltd who I actually dont have a clue who they are. Neither have I received anything from dlc or Mortimer Clarke solicitors, save the letter they sent me detailed in my post of the 29 December where they told me the case was on hold and I didnt need to do anything.

I never even had an acknowledgement from ME III Ltd, only their solicitors. They have not produced any of the papers I asked for in the s 77-79 CCA Request. I cant remember how long they were supposed to have to produce these documents, but also if ME III are the ones who took me to court, why are dlc back in the ring???

I dont have any indication from the communications records from MBNA about sending out a default notice, though there are plenty of default charges at the back end of the period before it was charged off and sold to direct legal

[charitynjw]

Re: County Court papers MBNA /ME III ltd

The court papers were sent under a company called ME III Ltd, of whom I have had no contact prior to the court papers (though believe they are part of cabot group)

So are dlc.

[Diana M]

Re: County Court papers MBNA /ME III ltd

I am guessing that the debt has been sold on.

The court papers were sent under a company called ME III Ltd, of whom I have had no contact prior to the court papers (though believe they are part of cabot group)

prior I had a notification from dlc dated 09/11/16

the most recent correspondance as detailed in my 26 Jan message is back with dlc

The court has received my defence and their reply is also in my 26 Jan message

In which case there may be 'assignment issues' for the Claimant.

What was the "notification" you received from dlc in November 2016?

Di

[EmmaS]

Re: County Court papers MBNA /ME III ltd

The notification from dlc was telling me that they had told me that they might instruct a solicitor and that they were placing the account with Cabot Financial (Europe) to act as the agent servicing the account, and that the next step would be to send it to Mortimer Clarke solicitors.

They say that the solicitors would write to me to tell me about starting court proceedings if I didnt contact them, and hoping we could make a payment arrangement

I dont recall receiving a letter from Mortimer Clarke, but my daughter was seriously ill and in hospital from Mid October til early December so I was away staying with her in London at the hospital at that point

[EmmaS]

Re: County Court papers MBNA /ME III ltd

Just had another letter this morning from the solicitors acknowledging their receipt of the defence and again saying they will chase ME III for the documents I requested. As this is post dated the 'statement' from dlc I will take that to be the item I need to respond to, in other words wait for ME III to forward the documents as the statement is simply that, THEIR idea of the statement. It even says its not a demand for payment.

Ball in their court

[Diana M]

Re: County Court papers MBNA /ME III ltd

Just had another letter this morning from the solicitors acknowledging their receipt of the defence and again saying they will chase ME III for the documents I requested. As this is post dated the 'statement' from dlc I will take that to be the item I need to respond to, in other words wait for ME III to forward the documents as the statement is simply that, THEIR idea of the statement. It even says its not a demand for payment.

Ball in their court

The ball is definitely in their court.

They have 28 days from when they received your Defence last month to decide whether to continue with these legal proceedings or let them become stayed.

You've now got a letter from them admitting they haven't got the documents yet. Maybe when they get the paperwork they'll realise this debt is likely to be Statute Barred (according to your posts).

Di

[EmmaS]

Re: County Court papers MBNA /ME III ltd

Thank you. Yes I am hoping this is the case

[nemesis45]

Re: County Court papers MBNA /ME III ltd

Just had another letter this morning from the solicitors acknowledging their receipt of the defence and again saying they will chase ME III for the documents I requested. As this is post dated the 'statement' from dlc I will take that to be the item I need to respond to, in other words wait for ME III to forward the documents as the statement is simply that, THEIR idea of the statement. It even says its not a demand for payment.

Ball in their court

Yep firmly in their court.

nem

[EmmaS]

Re: County Court papers MBNA /ME III ltd

I received a letter from the court dated 16th January 2017

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimants solicitor) The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

A letter arrived on 7th Feb from their solicitor acknowledging my defence and saying they were chasing up the paperwork with their client.

I have had nothing since then from anyone, including the court.

Is that it then, or do I have to wait longer, or maybe request anything else?