County Court papers MBNA /ME III ltd

[EmmaS]

I received a court claim form for a debt which I have had from a credit card.

The credit card was taken out in 2005 and I made no defaults until the crash in 2008 when my self employed business literally crashed overnight. Early in the new year of 2009 I wrote to all the credit cards I had and told them I was unable to pay them. One wrote of the debt, one wrote to me very nicely and we arranged a payment schedule and one didnt contact me for a while and then sent in some debt collectors, which I admit I stuck my head in the sand about.

This is that debt. I have not made any payments since the crash, and no written acknowledgement of the debt. The debt has gone through a few people. this new lot have only had it a very short time. The amount outstanding is £5946.09 without court costs

Ive followed the 3 steps as advised, and will be sending off the letters today

[EmmaS]

Re: County Court papers MBNA /ME III ltd

I believe it should be statute barred now? having gone over 6 years

[charitynjw]

Re: County Court papers MBNA /ME III ltd

Hi & welcome to LB

Ive followed the 3 steps as advised, and will be sending off the letters today

Which steps are these?

[Diana M]

Re: County Court papers MBNA /ME III ltd

I received a court claim form for a debt which I have had from a credit card.

The credit card was taken out in 2005

Hello Emma

Looking at your thread title would the Claimant be called Cabot using either Mortimer Clarke or Restons solicitors?

I'm assuming one of those three letters is a s 77-79 CCA Request which is essential.

You also need to send a Subject Access Request to MBNA so that you get the full history of the account confirming last payment made etc. This can be helpful evidence for you.

What is the claim issue date (top right hand corner of the claim's first page)?

You have 19 days from that date to file your Acknowledgment of Service and 33 days from that date to file your Defence so there's time to get everything under control.

Di

[charitynjw]

Re: County Court papers MBNA /ME III ltd

@Diana M

Good afternoon, Di.

Possibly the GOODF 3-step procedure?

[EmmaS]

Re: County Court papers MBNA /ME III ltd

Thank you for replying and the advice

ahh, so, sorry. the 3 steps were a post on here somewhere, which says to go online to get the 28 days, then the 2 lots of letters. One to the claimants (a company called ME III, but with the Mortimer Clarke solicitors) and one to the solicitor.

I will try to find the address of MBNA, but the claim doesnt even have the account number of the credit card, and I dont have it either. sadly Ive been pretty rubbish with this one and have just thrown everything away. As I said, absolute head in the sand syndrome.

I think Cabot handled it at one point, and also someone called Moorcroft? Its been passed on a good few many times, theyve threatened alot of stuff in the past, but this is the first time Ive had a court order. I had a search on my credit history but nothing was showing for it on there.

[EmmaS]

Re: County Court papers MBNA /ME III ltd

Claim issue date is 12 December 2016

Yes, Ive asked for the credit card agreement, from both ME III and Mortimer Clarke

[charitynjw]

Re: County Court papers MBNA /ME III ltd

ME III are part of the Cabot Group.

[charitynjw]

Re: County Court papers MBNA /ME III ltd

Address for SAR (+ ICO details)
https://ico.org.uk/ESDWebPages/Entry/Z7668952

Registration Number: Z7668952
Date Registered: 24 February 2003 Registration Expires: 23 February 2017
Data Controller: MBNA Limited
Address:

Stansfield House
Chester Business Park
Chester
Cheshire
CH4 9QQ

[EmmaS]

Re: County Court papers MBNA /ME III ltd

Address for SAR (+ ICO details)
https://ico.org.uk/ESDWebPages/Entry/Z7668952

Registration Number: Z7668952
Date Registered: 24 February 2003 Registration Expires: 23 February 2017
Data Controller: MBNA Limited
Address:

Stansfield House
Chester Business Park
Chester
Cheshire
CH4 9QQ

Thankyouverymuch

[Diana M]

Re: County Court papers MBNA /ME III ltd

the claim doesnt even have the account number of the credit card, and I dont have it either. sadly Ive been pretty rubbish with this one and have just thrown everything away.

This is the bit where I say that the Claimant has to prove their case. If they've not pleaded the account number then they'll have a problem not you.

Maybe they (MBNA) have thrown everything away too

Di

[Diana M]

Re: County Court papers MBNA /ME III ltd

Claim issue date is 12 December 2016

Yes, Ive asked for the credit card agreement, from both ME III and Mortimer Clarke

Can you post (type up) the wording of the Particulars of Claim because that's the starting point.

Did you have PPI on this MBNA credit card account?

It's good to hear you've sent a CCA Request. Did you include a £1 postal order with the request and send it by Royal Mail Signed For or at least got a Proof of Posting certiicate from the post office ?

Di

[Diana M]

Re: County Court papers MBNA /ME III ltd

One to the claimants (a company called ME III, but with the Mortimer Clarke solicitors)

There can only be one entity which has the legal right (or not) to claim so can you clarify (it's important for reasons I can't say right now) what EXACT name is on he N1 claim form as the Claimant.

Di

[EmmaS]

Re: County Court papers MBNA /ME III ltd

Claimant - ME III Limited, 16-22 Grafteon Road, Worthing, West Sussex
address for sending documents and payments - Mortimer Clarke Solicitors Ltd, same address

particulars of Claim - By an agreement between the MBNA and the Defendant on or around 22/09/2005 ('the Agreement') MBNA agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due and the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 5946.09

- - - Updated - - -

I dont believe I had PPI on this card as Ive always been self employed and so have never knowingly taken it out

[Diana M]

Re: County Court papers MBNA /ME III ltd

The Defendant failed to make the minimum payments due and the Agreement was terminated. The Agreement was assigned to the Claimant.

l notice no mention of a Default Notice having been served before the account was terminated and assigned

I would still ask for it among the other documents you seek disclosure of in your CPR 31.14 Request letter.

This is why I always say send a SAR to the original creditor so you (and the court) can distinguish fact from fiction when the Claimant produces reconstituted documents.

Di