Help please - facing claim for alleged credit card debt

[Disgusted]

Hello all,

Thanks for all the great information here.

I recently had a county court claim issued against me for an alleged credit card debt sold to a DCA. The first thing to note is that the Particulars of Claim are incomplete and simply end in mid-sentence.

I had previously made a request for a copy of the credit card agreement (MBNA) from the DCA, but when this finally arrived it was headed "Application Form" with some terms and conditions down the side which weren't legible. They also sent separate terms and conditions which WAS headed "Credit Card Agreement" but this is not signed by either party.

So I wrote the solicitor acting for the DCA, telling them I intend to defend the claim and raising three points:

1. Pointing out their Particulars Of Claim are incomplete - ending, as they do, in mid sentence.

2. Requesting a verified and legible copy of the Credit Agreement under Civil Procedure Rule 31.14

3. Requested a verified and legible copy of the Default Notice also under Civil Procedure Rule 31.14

I really wanted to ask for a copy of the Assignment Document, but - as this wasn't mentioned in the incomplete Particulars Of Claim - I did not think I could ask for that under CPR 31.14.

The solicitors wrote back, totally ignoring points 1 and 3 and simply saying I have already received a copy of the credit agreement. As I've already mentioned, this is headed "Application Form" and isn't particularly legible, anyway.

So now I'm rather stuck. Problem is I have to file my defence shortly, so what should I say in the Defence? In the circumstances can I simply state the position and ask for the claim to be struck out?

Any help will be greatly appreciated!

Thanks.

Disgusted

[Curlyben]

Re: Help please - facing claim for alleged credit card debt

It would help if we knew the DCA/Sols and the POC's.
I assume this is a Northampton claim and it's quite normal for the DCA's sols to ignore any request under CPR.

[Disgusted]

Re: Help please - facing claim for alleged credit card debt

Hi Curlyben,

Thanks for your prompt response - very much appreciated.

The DCA is Arrow and the solicitors are Weightmans. The alleged agreement was started in 2002.

You're right, the claim was sent from Northampton Bulk Centre and the POC mentions the original agreement with MBNA regulated by the CCA 1974. It goes on to say Arrow has acquired all of MBNA's rights in relation to the agreement (but there's no mention of a Document of Assignment).

I then goes on to say MBNA sent the Defendant a Default Notice .

The final sentence is:

"The Notice informed the Defendant tha the had breached the terms of the relevant Agreement and set out the steps to rectify the" (at that point, the sentence ends mid way and the misspellings in the sentence are an exact copy of the original).

The amount they are claming is over £5,000 and they have previously written a "Without Prejudice" letter offering to settle of 30% of the claimed sum.

Thanks for taking the time over this.

Regards,

Disgusted.
------------------------------- merged -------------------------------
Hi Curlyben,

Just read your excellent defence suggestion on another thread and realised some of my other details about the Particulars Of Claim could be pertinent.

There is no reference to any account number, no date of alleged agreement, no date of alleged default.

Regards,

Disgusted

[Curlyben]

Re: Help please - facing claim for alleged credit card debt

Sounds about right.
Well here's the holding defence for actions like this:

Defence
1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.


2.Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to any account number, no date of alleged agreement, no date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

3. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

6.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

So here's the plan:

1. file basic defence (above)
2. write to the court pointing out the failure of the claimant to comply with their CPR 31.14 obligations
3. write to the other side and tell them what you have done

[Curlyben]

Re: Help please - facing claim for alleged credit card debt

Oh just reread this and remember a recent action concerning these "people" that was struck out due to incorrect assignment. Solicitors where stung for costs as well
I guess they learnt, or maybe not..

Also for a greater understanding of what is required in assignment have a read of this: Debt purchasing and assignment - Legal Beagles

[Disgusted]

Re: Help please - facing claim for alleged credit card debt

WOW, Curlyben!

That's terrific. Thank you SO much.

I'll do as you say (and also read the link you gave me) and report back, later.

Thanks again.

Disgusted (of Tunbridge Wells)

P.S. Happy Christmas to you and all the other members:2w32gd1: