Sold debt going to court

[1099OID]

I have listed what I have done below and I have tried to include everything. I have been using get out of debt free for some time and have followed there way of doing things which has met with a little scoff of scorn form a couple of our sites. But it was one of the first sites I found and there were stacks of post of people winning and it one of those sites members which directed me to your site. I

I started my process back in November 2012, I sent the three letters and an a unilateral contract/ fee schedule, asking to show evidence of a contract also loss and a deed of Novation, since they had bought the debt, I got the usual we have asked the original lender for a copy of the contract etc (if they bought the debt should they not have had a copy?) and kept sending me demands and I kept invoicing them for my time.

How ever in march 2013 I receive a 1 page photo copy of the application form I filled out at a country fair back in 2002, it contained my details address job title etc, it was not my writing it looks like it was filled in by the person at the time but it does contain my signature and that of the person who filled in the form.

On the back it is two thirds blank and the last third is where the terms and conditions start. On the front of the form it says that before you sign you must read condition 11. On the terms and conditions provided,

But on the back it starts at 1 and finishes at 2.4 at the top of the page it says page 1 of 2 and the other side says page 2 of 2 if this is a copy of the original why is the back two thirds blank .

The other document is a 3 page double sided copy of an agreement but it is not a photo copy it has been printed of a PC. It starts top left in bold a credit card agreement regulated by the consumer credit act 1974. Your lender is XXXX and then my name and addresses no signatures.

So I sent them an invoice to see what would happen and all they did was keep sending demands for money I kept invoicing them for my time. In July 2013 they sent the debt to another debt collection company and I started the 3 letter process with them.

Then out of the blue I got the court papers through my door
The particulars of claim are

1 a credit card agreement made between xxxx bank ltd and the card holder D
2 2 claimant purchased the balance of the account on the 30.01.12
3 3 D accrued balance #4647.99
4 D defaulted on payment
5 C issued formal demand requesting payment dated 01/11/2013
6 Amount now due from D # 4647.99

Plus court fees of 100. And solicitors of 80.00 ect
The original bank did not tell me until September 2012 but according to the particulars of claim they bought it back in January 2012

Any ideas you have would be gratefully received, I have a few which I would like advice on

[Amethyst]

Re: Sold debt going to court

Hi, and welcome.

Let's just put the past behind you and start from scratch and hope no problem has been caused by the previous communications xx

We'll need to see the copy agreement you received. It sounds as though it is a photocopy of the original application/agreement with reconstructed terms and conditions but need to know if these are from the same time as the agreement and match up correctly.

Who is the claimant, who is the original creditor, and who are the solicitors (if any)?

Do you have a valid dispute on the debt or is it just a case of change of circumstances making you unable to afford repayments thus trying to find a way around it etc?

Was there PPI on the credit card ? Late payment charges etc ?

Have you sent a formal subject access request under the DPA (or do you have copies of all your statements)

Also we need to know if the letter you sent to receive the copy agreement was a formal CCA request (with a £1 cheque/postal order).

What is your priority outcome you want? Do you own your own home ? Do you need to avoid a CCJ or are you not that fussed ?

Ahh also, what's the date on the claim form ? have you acknowledged the claim as yet ?

Those few bits should get us started on the path to get this sorted out for you.


(just read your thread on a.n.other site, and you've had plenty of an earbashing about the historical aspects already so I don't think that is required on here (please peeps))

[1099OID]

Re: Sold debt going to court

Who is the claimant, who is the original creditor , and who are the solicitors (if any)?

I would rather not say I found a few post on other site where people have been identified by there posts

Do you have a valid dispute on the debt or is it just a case of change of circumstances making you unable to afford repayments thus trying to find a way around it etc?

Partly both I have no the alleged application form is it self a document in its own right as it is marked 1 of 2 and the back 2 of 2 the other is init self its own document, 1 of 7 which contains the information name address and terms and conditions interest rate but no signatures or the date when the agreement started
none of it conforms to the consumer credit act 1974 section 78,79 or 61 and section of 127 sub section 3. Which still applies as it is a pre 2006 agreement?
The application form with the signatures does not hold all the T&Cs so it is an offer to treat ect. I will post the Two document later. But they clearly don’t match the relied on the application form and never sent agreement out for signing at a later date


Was there PPI on the credit card ? Late payment charges etc ?
There was No PPI at the end I should say there are a lot of late payment charges

Have you sent a formal subject access request under the DPA (or do you have copies of all your statements)

I have not sent a SARS and io don’t have coppies of all my statements

Also we need to know if the letter you sent to receive the copy agreement was a formal CCA request (with a £1 cheque/postal order).

once I received the letter that MBNA had sold the debt and I then recived a letter form the new owner I sent a conditional acceptance saying I was happy to full fill my obligation on proof of claim of a signed contract proof of loss by the way of accounting and a deed of Novation etc


What is your priority outcome you want? Win
Do you own your own home ? Yes
Do you need to avoid a CCJ ? Yes

Ahh also, what's the date on the claim form ? 19^th November

have you acknowledged the claim as yet ? Yes

[Amethyst]

Re: Sold debt going to court

Okay so your defence needs to be in pretty soon, 22nd ? Double check with the courts.

Different solicitors have different ways of dealing with things so it does help to know who we are dealing with. PM me if you like.


So you have the credit agreement - did it arrive off the back of a CCA request ? ( http://www.bailii.org/ew/cases/EWHC/...e/2011/B3.html )

No way of saying if it's okay or not without seeing it, if you can upload it that would be good (remove personal details)

What year did you take out the MBNA card ?

Do you know when you stopped making payments on the credit card ?

With a claim for £5k you could be looking at a ccj, and possibly a charging order on your house if you lose and wanted to pay in instalments.

You've left it very late to be sorting this out, although I understand you've been on other sites previously. You have acknowledged the claim so that is a good thing


(ps. I've moved your post to the right forum area and left a redirect in the welcome forum)

[CleverClogs]

Re: Sold debt going to court

once I received the letter that MBNA had sold the debt and I then received a letter form the new owner I sent a conditional acceptance saying I was happy to full fill my obligation on proof of claim of a signed contract proof of loss by the way of accounting and a deed of Novation etc

Did you also tell them that you are a legal fiction?