Court Claim - Hillesden Securities Ltd / MBNA - 21-5-2015

[Foxyflugel]

Received a claim? Yes
Issue Date: 21-5-2015
Amount approx: £5,000
Claimant: Hillesden Securities Ltd
Solicitor: Aplins
Original Credit: MBNA

Particulars of Claim:
The Claimants claim is in respect of a credit card facility, xxxxxxxx, provided by MBNA at the Defendant's request on 15/8/07. Failure to meet requests for payment resulted in the account being defaulted. On 11/11/11 all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd. The Defendant was duly notified in writing of the assignment and that the balance of £5,xxx.xx was due. The balance of £5,xxx,xx remains owing from the Defendant.

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info: This isn't my claim personally - I am trying to help a friend out.

[FlamingParrot]

Re: Court Claim - Hillesden Securities Ltd / MBNA - 21-5-2015

Received a claim? Yes
Issue Date: 21-5-2015
Amount approx: £5,000
Claimant: Hillesden Securities Ltd
Solicitor: Aplins
Original Credit: MBNA

Particulars of Claim:
The Claimants claim is in respect of a credit card facility, xxxxxxxx, provided by MBNA at the Defendant's request on 15/8/07. Failure to meet requests for payment resulted in the account being defaulted. On 11/11/11 all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd. The Defendant was duly notified in writing of the assignment and that the balance of £5,xxx.xx was due. The balance of £5,xxx,xx remains owing from the Defendant.

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info: This isn't my claim personally - I am trying to help a friend out.

You had me wondering there, I've just posted on your other thread, then I see this one with another MBNA claim!

You obviously know what to do and how to get them to deal with them. The only thing I can say is that every account is different and if this one was taken out in August 2007, your friend won't have the protection of s.127 of the CCA that prevented a court from enforcing unless there had been a properly executed agreement with all the prescribed terms to start with. That section was, sadly, repealed with effect in April 2007. You probably know all this by now but it's worth bringing it up.

[Foxyflugel]

Re: Court Claim - Hillesden Securities Ltd / MBNA - 21-5-2015

Thanks for the info FP - I was aware of the chances of success being better before April 07 but forgotten why!! lol. :tung:

[Foxyflugel]

Re: Court Claim - Hillesden Securities Ltd / MBNA - 21-5-2015

So...they have sent him the paperwork from the CPR 31.14 and the default notice is dated 7th July and the remedy date is 24th??? Also the termination notice is dated 7th October- I have a feeling this is 'convenient' paperwork as he does not remember receiving any of the above.

Is the default notice period long enough? as , from memory, I don't think it is.#

Also, the form that is filled in has a box that says 'filled in by customer' and the no box is ticked - he also claims that this is not his correct signature!!

Thanks in advance for any info.

[nemesis45]

Re: Court Claim - Hillesden Securities Ltd / MBNA - 21-5-2015

So...they have sent him the paperwork from the CPR 31.14 and the default notice is dated 7th July and the remedy date is 24th??? Also the termination notice is dated 7th October- I have a feeling this is 'convenient' paperwork as he does not remember receiving any of the above.

Is the default notice period long enough? as , from memory, I don't think it is.#

Also, the form that is filled in has a box that says 'filled in by customer' and the no box is ticked - he also claims that this is not his correct signature!!

Thanks in advance for any info.

Hi what about the agreement any response to the CCA request?

nem

[FlamingParrot]

Re: Court Claim - Hillesden Securities Ltd / MBNA - 21-5-2015

So...they have sent him the paperwork from the CPR 31.14 and the default notice is dated 7th July and the remedy date is 24th???

Uhmmm... the CCA says 14 days, so it's all down to service, if it was sent by first class post it should be OK and there are no Bank Holidays in July.

Also the termination notice is dated 7th October- I have a feeling this is 'convenient' paperwork as he does not remember receiving any of the above.

Is it headed MBNA?

Is the default notice period long enough? as , from memory, I don't think it is.#

As above, it probably is, it allowed 3 days for service, unless it was send second class, that should probably be enough: http://www.legislation.gov.uk/ukpga/...efault-notices

(2) A date specified under subsection (1) must not be less than 14 days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those 14 days have elapsed.

Also, the form that is filled in has a box that says 'filled in by customer' and the no box is ticked - he also claims that this is not his correct signature!!

Thanks in advance for any info.

What form is that?

[Foxyflugel]

Re: Court Claim - Hillesden Securities Ltd / MBNA - 21-5-2015

Thanks for your reply FP.

Uhmmm... the CCA says 14 days, so it's all down to service, if it was sent by first class post it should be OK and there are no Bank Holidays in July.


Is it headed MBNA?

Yes.


As above, it probably is, it allowed 3 days for service, unless it was send second class, that should probably be enough: http://www.legislation.gov.uk/ukpga/...efault-notices



What form is that?

It is a - credit card agreement regulated by the consumer credit act 1974

It says in a box at the bottom 'for representative use' and it states ' completed by customer' and the 'no' box is ticked and it says the reps name and the branch/store ID. It is clearly the same writing. On the reverse it says 'Credit card application details' and there is a customer signature but no date stated anywhere. It is the same writing as on the other form - it says ' CUSTOMER TO PRINT NAME' - it states his first and last name but omits his two middle names or intitals. I'm guessing that it was completed in Halfords? as it says Halfords in-store July 2007 London Halfords Rewards. It also says time in employment 1 month! and 5 months at current address - time with bank 14 months.

On the assignment notice - it is simply a table on headed paper containing no date anywhere (from memory, mine was the same).

There is a copy of a purchase receivables agreement between Hillesden and MBNA and this is dated 27th July 2011 - before the MBNA termination letter on 7th October and 3 days after the default remedy date.

Any advice greatly appreciated.

[Foxyflugel]

Re: Court Claim - Hillesden Securities Ltd / MBNA - 21-5-2015

Thanks for your reply also Nemesis 45 - please see above.

[FlamingParrot]

Re: Court Claim - Hillesden Securities Ltd / MBNA - 21-5-2015

Thanks for your reply FP.

It is a - credit card agreement regulated by the consumer credit act 1974

It says in a box at the bottom 'for representative use' and it states ' completed by customer' and the 'no' box is ticked and it says the reps name and the branch/store ID. It is clearly the same writing. On the reverse it says 'Credit card application details' and there is a customer signature but no date stated anywhere. It is the same writing as on the other form - it says ' CUSTOMER TO PRINT NAME' - it states his first and last name but omits his two middle names or intitals. I'm guessing that it was completed in Halfords? as it says Halfords in-store July 2007 London Halfords Rewards. It also says time in employment 1 month! and 5 months at current address - time with bank 14 months.

Are these details accurate? If the agreement was entered into after April 2007, the court has discretion to enforce even without all the prescribed terms being present at the time the agreement was signed.

On the assignment notice - it is simply a table on headed paper containing no date anywhere (from memory, mine was the same).

There is a copy of a purchase receivables agreement between Hillesden and MBNA and this is dated 27th July 2011 - before the MBNA termination letter on 7th October and 3 days after the default remedy date.

Any advice greatly appreciated.

So the account was assigned to Hillesden before it was terminated by MBNA? That doesn't sound right!

[Foxyflugel]

Re: Court Claim - Hillesden Securities Ltd / MBNA - 21-5-2015

So the account was assigned to Hillesden before it was terminated by MBNA? That doesn't sound right![/QUOTE

That's what I thought FP.

[nemesis45]

Re: Court Claim - Hillesden Securities Ltd / MBNA - 21-5-2015

Thanks for your reply FP.



It is a - credit card agreement regulated by the consumer credit act 1974

It says in a box at the bottom 'for representative use' and it states ' completed by customer' and the 'no' box is ticked and it says the reps name and the branch/store ID. It is clearly the same writing. On the reverse it says 'Credit card application details' and there is a customer signature but no date stated anywhere. It is the same writing as on the other form - it says ' CUSTOMER TO PRINT NAME' - it states his first and last name but omits his two middle names or intitals. I'm guessing that it was completed in Halfords? as it says Halfords in-store July 2007 London Halfords Rewards. It also says time in employment 1 month! and 5 months at current address - time with bank 14 months.

On the assignment notice - it is simply a table on headed paper containing no date anywhere (from memory, mine was the same).

There is a copy of a purchase receivables agreement between Hillesden and MBNA and this is dated 27th July 2011 - before the MBNA termination letter on 7th October and 3 days after the default remedy date.

Any advice greatly appreciated.

I don't think the " purchase receivables " agreement part is significant it is an internal "forward" notification that the account is included in a large portfolio of debts which will be assigned to Hillesden, no idea why it's been provided it's not personal data.

nem

[Foxyflugel]

Re: Court Claim - Hillesden Securities Ltd / MBNA - 21-5-2015

Hi all

Just a quick update and help needed please.

He put a defence in by the agreed extended deadline as they had failed to send him the docs requested CCA etc.

They have now sent him these docs. The 28 days is up on Monday 17th - for it to be stayed or pursued by the creditor.

Could anyone please advise or give me their opinion on the following:-

I have suggested to him that he makes contact and points out that even though he has a letter from them saying that they will accept x amount on a payment plan (via a DMC) - they have still taken this to court! Surely, this is wrong? Also, to continue with said payment plan and invite them to withdraw their case and drop the court fees they have added on.

What does anyone think about this please? The paperwork seems to be in order - ignoring differing handwriting etc.

As mentioned previously - does the fact that purchase receivables document is dated before they actually terminated the agreement with him matter?? I'm just thinking if he has a defence in these facts or if he should just resume the payment plan.

Opinions/advise please guys.

Thanks as always.

[nemesis45]

Re: Court Claim - Hillesden Securities Ltd / MBNA - 21-5-2015

Hi as said earlier the " purchase receivables" part is an internal note I think in anticipation of selling the debt on.
What has been received in reply to the CCA request?
Can we see suitable redacted copies please ?

nem

[Foxyflugel]

Re: Court Claim - Hillesden Securities Ltd / MBNA - 21-5-2015

Hi Nem and thanks for your reply.

The doc they have sent looks like a contract as it starts...This agreement, dated the 27th of July 2011, is made and entered into by and between - and it is signed by both Hillesden and MBNA.

I will try and post the redacted docs sent.

Thanks for your help Nem.

Foxy :tinysmile_twink_t2:

[FlamingParrot]

Re: Court Claim - Hillesden Securities Ltd / MBNA - 21-5-2015

Just a quick update and help needed please.

He put a defence in by the agreed extended deadline as they had failed to send him the docs requested CCA etc.

They have now sent him these docs.

Is there any chance you could redact them and post them up? :typing:

The 28 days is up on Monday 17th - for it to be stayed or pursued by the creditor.

Could anyone please advise or give me their opinion on the following:-

I have suggested to him that he makes contact and points out that even though he has a letter from them saying that they will accept x amount on a payment plan (via a DMC) - they have still taken this to court! Surely, this is wrong? Also, to continue with said payment plan and invite them to withdraw their case and drop the court fees they have added on.

Unfortunately, repayment agreements and even DMPs managed by the 'official' organisations are not legally binding, and creditors can still take the matter to court. In this rather well known case, the defendant had been making the agreed payments when they took her to court. Although she won the case, :yo: it wasn't won on that argument: https://paulatwatsonssolicitors.word...nder-v-mayhew/

• The Defendant ran into financial difficulties and in July 2009 she failed to make the minimum payment due on the card. She informed the Claimant of her problems in February 2010 and it was agreed that she would make payments of £5.44 a month from March 2010.
• On 12th October 2010 the Claimant served a default notice with a final demand being sent on 11th November 2010. These proceedings were issued on 20th December 2010.

Now then, Di Mayhew received a Default notice and she ignored it, why? well she received the Default and then a couple of days later she received a letter saying “please ignore the previous correspondence and maintain your payment arrangement” so she did, she just carried on paying. She did not stop paying and tell Santander to get lost, she did not ever intend to avoid paying this debt, what she got was sued by Santander and put in such a position where she needed to seek legal assistance.

Di Mayhew is a pensioner, she did not go out to avoid paying her debt, in fact this lady said to me when we had been given the judgment “do i still need to keep paying because i feel that i should because i borrowed the money”

What does anyone think about this please? The paperwork seems to be in order - ignoring differing handwriting etc.

We'll really need to see it to give an opinion. :typing:

As mentioned previously - does the fact that purchase receivables document is dated before they actually terminated the agreement with him matter?? I'm just thinking if he has a defence in these facts or if he should just resume the payment plan.

Opinions/advise please guys.

As the matter has progressed to court, he can't just resume the payment plan because, as I noted above, keeping up agreed repayments negotiated informally (i.e. without a court order) is not a bar to court action or enforcement. :mmph:

If the documents are all fine an prospects of defending the claim are not good, a settlement can be agreed by consent with a Tomlin order which has the effect of staying proceedings as long as he keeps to the terms of the order (the agreed repayments). This would have the effect of avoiding a CCJ but it's important to ensure the repayments are affordable in the long term and backed by a suitable I&E statement. :thumb: