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Link/MBNA - delay due to house move

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  • Link/MBNA - delay due to house move

    Received a claim? Yes
    Issue Date: 8/12/2016
    Amount approx: 8726
    Claimant: Link Financial
    Solicitor: Kearns
    Original Creditor: MBNA
    Particulars of Claim: Please type out in full excluding names/account numbers
    The claimant claims the whole of the outstanding balance due and payable under an agreement referenced xxxxx and opened effective from 18/07/2006. The agreement is regulated by the consumer credit act 1975, which was signed by the Defendant and from which credit was extended to the Defendant. The Defendant failed to make payment as was required and by 31/05/2008 a default was recorded. As at 19/06/2008 the Defendant owed MBNA Ltd the sum of 9270. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 19/06/2008 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. And the claimant claims - 1. 7090 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per Annum from 25/8/2014 to 07/12/2016 of 1226 and thereafter at a daily rate of 1.48 to date of judgment or sooner payment. Date 7/12/2016.
    Is the debt Statute Barred? No idea sorry
    List any letters you have sent: Filed Acknowledgement of Service this morning
    Any Other Info: Only just received as I moved house last month, so a delay in reaching my new
    address.

    They enclosed a statement with a completely different figure - 6990. Statement number 016.

    I have bipolar and had some debts which were partially paid through Stepchange until a relapse of my illness just over two years ago. I have no idea whether this was part of that plan, or what I owe or don't owe. Kearns/Link tried to claim £7k of other debt back in June of this year which they dismissed at court last month after not being able to provide evidence of the debt.

    I have started the CPR and CCA Request letters but am very worried as I am so far into the timescale and with the Bank Holidays etc it will be time for my defence before I have any info. I can get to the PO today with those if it's open but want to also double-check about the documents to ask for - I think it's the following but any advice on this or anything much appreciated, I am feeling quite panicked over this right now. Thank you in advance.
    1. Agreement
    2. Default Notice
    3. Assignment
    Tags: None

  • #2
    Re: Link/MBNA - delay due to house move

    Originally posted by bijim View Post
    Received a claim? Yes
    Issue Date: 8/12/2016
    Amount approx: 8726
    Claimant: Link Financial
    Solicitor: Kearns
    Original Creditor: MBNA
    Particulars of Claim: Please type out in full excluding names/account numbers
    The claimant claims the whole of the outstanding balance due and payable under an agreement referenced xxxxx and opened effective from 18/07/2006. The agreement is regulated by the consumer credit act 1975, which was signed by the Defendant and from which credit was extended to the Defendant. The Defendant failed to make payment as was required and by 31/05/2008 a default was recorded. As at 19/06/2008 the Defendant owed MBNA Ltd the sum of 9270. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 19/06/2008 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. And the claimant claims - 1. 7090 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per Annum from 25/8/2014 to 07/12/2016 of 1226 and thereafter at a daily rate of 1.48 to date of judgment or sooner payment. Date 7/12/2016.
    Is the debt Statute Barred? No idea sorry
    List any letters you have sent: Filed Acknowledgement of Service this morning
    Any Other Info: Only just received as I moved house last month, so a delay in reaching my new
    address.

    They enclosed a statement with a completely different figure - 6990. Statement number 016.

    I have bipolar and had some debts which were partially paid through Stepchange until a relapse of my illness just over two years ago. I have no idea whether this was part of that plan, or what I owe or don't owe. Kearns/Link tried to claim £7k of other debt back in June of this year which they dismissed at court last month after not being able to provide evidence of the debt.

    I have started the CPR and CCA Request letters but am very worried as I am so far into the timescale and with the Bank Holidays etc it will be time for my defence before I have any info. I can get to the PO today with those if it's open but want to also double-check about the documents to ask for - I think it's the following but any advice on this or anything much appreciated, I am feeling quite panicked over this right now. Thank you in advance.
    1. Agreement
    2. Default Notice
    3. Assignment
    Good morning,

    You are well on track get the CCA sent asap to the claimant and the CPR 31.14 to Kearns. use signed for post.

    The statement figure I suspect is correct but the claim includes court and solicitors fees.

    You have 33 days to file a defence from the date the claim was issued (08/12/16)
    How were you paying step change? By direct debit / standing order/ bank transfer?

    nem

    Comment


    • #3
      Re: Link/MBNA - delay due to house move

      Good morning! And thank you again for your assistance with the last saga. That was dismissed in November and it seems this was issued very shortly afterwards.

      Step Change (CCCS then) were paid by Direct Debit from my previous bank account. The agreement with them was put in place maybe back in 2006/7. I have no idea what was covered on those payments. Obviously my illness has contributed to this mess, spends and the fall out afterwards. My husband tried to help out and open post etc that looks official. Also he keeps his accounts etc separate to mine and for obvious reasons I don't have any access to that or own any part of our home.

      Comment


      • #4
        Re: Link/MBNA - delay due to house move

        What you must do immediately is file your Acknowledgement of Service online to protect your legal position. State that you intend to defend all of the claim.

        If you do that the Claimant won't be able to get a Default Judgment (CCJ) against you. The solicitors' office is probably closed until the New Year so don't expect instant responses to your requests.

        I'll take a look at everything after Christmas

        Di

        Comment


        • #5
          Re: Link/MBNA - delay due to house move

          Thank you so much! I have done as you said, Acknowledged and stated that I will defend.

          Comment


          • #6
            Re: Link/MBNA - delay due to house move

            Originally posted by Diana M View Post
            What you must do immediately is file your Acknowledgement of Service online to protect your legal position. State that you intend to defend all of the claim.

            If you do that the Claimant won't be able to get a Default Judgment (CCJ) against you. The solicitors' office is probably closed until the New Year so don't expect instant responses to your requests.

            I'll take a look at everything after Christmas

            Di
            Already been done see post #1

            Comment


            • #7
              Re: Link/MBNA - delay due to house move

              Originally posted by bijim View Post
              Good morning! And thank you again for your assistance with the last saga. That was dismissed in November and it seems this was issued very shortly afterwards.

              Step Change (CCCS then) were paid by Direct Debit from my previous bank account. The agreement with them was put in place maybe back in 2006/7. I have no idea what was covered on those payments. Obviously my illness has contributed to this mess, spends and the fall out afterwards. My husband tried to help out and open post etc that looks official. Also he keeps his accounts etc separate to mine and for obvious reasons I don't have any access to that or own any part of our home.
              Well on track bijim Acknowledged Post#1 CCA and CPR prepared.

              It would be well worth checking with Step Change to see if this was included in your plan. They should hopefully have the info or try asking your previous bank.

              nem

              Comment


              • #8
                Re: Link/MBNA - delay due to house move

                An interesting reply from Link -

                Thank you for your letter dated 23.02.2016 in which you made a request for account documentation under section s77/78 of the Consumer Credit Act 1974. As the agreement has been enforced where a Court Judgement was obtained, Section 77/78 no longer applies. We take this opportunity to return your £1 payment for the request.
                If we can be of any further assistance blah blah.

                I am very confused - again!

                - - - Updated - - -

                I have just double-checked with moneyclaim online and the claim status is at Acknowledgement of Service.

                Comment


                • #9
                  Re: Link/MBNA - delay due to house move

                  Originally posted by bijim View Post
                  An interesting reply from Link -

                  Thank you for your letter dated 23.02.2016 in which you made a request for account documentation under section s77/78 of the Consumer Credit Act 1974. As the agreement has been enforced where a Court Judgement was obtained, Section 77/78 no longer applies. We take this opportunity to return your £1 payment for the request.
                  If we can be of any further assistance blah blah.

                  I am very confused - again!

                  - - - Updated - - -

                  I have just double-checked with moneyclaim online and the claim status is at Acknowledgement of Service.
                  When was the claim issued? You had a Total of 28 days +5 for service in which to file a defence.

                  Call the court om Monday morning!

                  nem

                  Comment


                  • #10
                    Re: Link/MBNA - delay due to house move

                    Issue date according to moneyclaim online is 8/12/2016 - so they couldn't have entered judgement yet? And doesn't say so on the online status. The link letter is dated 4/1/2017 so am I right in thinking that this isn't possible?

                    Comment


                    • #11
                      Re: Link/MBNA - delay due to house move

                      I just did a calculation and I worked out the last day to file the defence to be 10/1/2017 - based on 8/12 plus 33 days?

                      Comment


                      • #12
                        Re: Link/MBNA - delay due to house move

                        Originally posted by bijim View Post
                        I just did a calculation and I worked out the last day to file the defence to be 10/1/2017 - based on 8/12 plus 33 days?

                        So did I........4pm latest.
                        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


                        • #13
                          Re: Link/MBNA - delay due to house move

                          Originally posted by bijim View Post
                          Thank you for your letter dated 23.02.2016 in which you made a request for account documentation under section s77/78 of the Consumer Credit Act 1974.
                          Does that letter really say the date of your CCA Request was 23rd February 2016? You only sent your Request to them over the Christmas holidays.

                          Maybe there's been a mixup with your file or did you previously send a CCA Request or even sent one for a different account if they have purchased more than one of your debts?

                          Di

                          Comment


                          • #14
                            Re: Link/MBNA - delay due to house move

                            Still check with the court on Monday [MENTION=84678]bijim[/MENTION]
                            nem

                            Comment


                            • #15
                              Re: Link/MBNA - delay due to house move

                              Originally posted by Diana M View Post
                              Does that letter really say the date of your CCA Request was 23rd February 2016? You only sent your Request to them over the Christmas holidays.

                              Maybe there's been a mixup with your file or did you previously send a CCA Request or even sent one for a different account if they have purchased more than one of your debts?



                              Di
                              It does say 23.02.2016 which I presume is a typo. The account number quoted on their reply is the one referred to on the request that I sent to them in December and the postal order that they enclosed is also the same, with the number quoted on the back.

                              The only other dealing that I have had with them is the HSBC Claim that they put forward back in May 2016 and was later set aside.

                              - - - Updated - - -

                              Originally posted by nemesis45 View Post
                              Still check with the court on Monday @bijim
                              nem
                              Will do.

                              Comment

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