County Court papers MBNA /ME III ltd

[EmmaS]

Re: County Court papers MBNA /ME III ltd

yes, they must have thought I was born yesterday. hoping I wouldnt respond

[Diana M]

Re: County Court papers MBNA /ME III ltd

Yes, Ive had that response. They also told me that the matter is on hold until further notice

Always update your thread when you receive letters from the other side while there are live court proceedings, in order to get the best advice from the forum on what to do next.

Di

[EmmaS]

Re: County Court papers MBNA /ME III ltd

Thanks Di

I did post about this letter on 29 December. I havent heard any more from them since then, only had the fee request for the SARS from MBNA

[Diana M]

Re: County Court papers MBNA /ME III ltd

Thanks Di

I did post about this letter on 29 December. I havent heard any more from them since then

Sorry to be pedantic but you didn't post on 29th December that you had received an acknowledgment from Cabot to your CCA Request stating that they didn't have the documents in their possession so were asking the original creditor for them.

What you posted was that Mortimer Clarke Solicitors had forwarded your recent "correspondence" to their client (Cabot) which is not the same thing. That's not an admission from the Claimant that they don't/didn't have the documents which they should have had in their possession before they instructed solicitors to issue these proceedings.

Post # 18 on 29th December

today I received the following letter from Mortimer Clarke Solicitors

" Thank you for your recent correspondence dated 16/12/16

We confirm we have passed on your correspondence to our client and they will be in contact in due course.

We confirm the matter is on hold until further notice

Yours faithfully

Mortimer Clarke"

It appears (unless I'm wrong) that you may have sent your CCA Request to the solicitors when it should have gone to the Claimant/creditor with a copy to their solicitors. Or did you send it to the Cabot?

You have to be pedantic when dealing with legal proceedings.

Di

[EmmaS]

Re: County Court papers MBNA /ME III ltd

ah, yes, sorry, you are correct.

I sent the request for the documents to both ME II and to the solicitors, but have only had a response from the solicitors.

Pedantic is good and to be expected in this situation, thanks for being patient with me

[Diana M]

Re: County Court papers MBNA /ME III ltd

I sent the request for the documents to both ME II and to the solicitors, but have only had a response from the solicitors.

Pedantic is good and to be expected in this situation

This claim is for over £6k so they're not going to give up without a fight - hence the need to be nit-picky

Di

[EmmaS]

Re: County Court papers MBNA /ME III ltd

I need to get this court paper filled in tomorrow, so I can post it recorded/signed for delivery for Monday, as I am in the hospital all day on Friday with my daughter, so only chance to get into post is going to be Friday morning school run.

So far I have only had the correspondance that Ive already detailed, so are there any suggestions as to how to fill in the court paper tomorrow please. My post comes around midday, so can wait until then to get the forms started

[EmmaS]

Re: County Court papers MBNA /ME III ltd

OK

So I have used the template defence letter, ammending it to my specific case.

I see that in the first instance I go with the 'you need to prove I owe the debt or get it chucked out' approach, and then, if they come up with the goodies, that should clearly show that the debt is statute barred due to having no payment or acknowledgement within 6 years.

Is that correct?

[charitynjw]

Re: County Court papers MBNA /ME III ltd

OK

So I have used the template defence letter, ammending it to my specific case.

I see that in the first instance I go with the 'you need to prove I owe the debt or get it chucked out' approach, and then, if they come up with the goodies, that should clearly show that the debt is statute barred due to having no payment or acknowledgement within 6 years.

Is that correct?

SB is not necessarily 6 years from the 'last payment', because at that point in time the account is (probably) ok (ie, you are up to date with payments).
Can you pinpoint any documented date for a default date (S87 CCA Default Notice?) or termination date?
(The SAR will hopefully reveal this info).
Do you have historic bank records which may show when payments ceased?

[EmmaS]

Re: County Court papers MBNA /ME III ltd

I may be able to find some info on last payment, will need to see if I can access that, but hope that SAR will show when.
I have no pinpointed date for either default or termination, and neither were alluded to in the court papers.

I know that I was self employed and when the crash happened in 2008 my business went belly up almost immediately, as I was a therapist and just stopped getting any clients. I know that in early 2009 I wrote to every credit card and told them that I was unable to pay them any more, and then didnt pay any more. I seem to remember that Morgan Stanley just disappeared without trace, M&S did a £5 a month deal, as did Barclays after a bit of wrangling. MBNA got shitty almost immediately so I blanked them (yes, I know.......)

[charitynjw]

Re: County Court papers MBNA /ME III ltd

@EmmaS

Ok
Evidence is king & may be needed to rebut any argument which they may ̷c̷o̷n̷c̷o̷c̷t̷ come up with to try & show it isn't SB

[EmmaS]

Re: County Court papers MBNA /ME III ltd

luckily I have a global event to pin my events to, my memory isnt what it used to be!

[EmmaS]

Re: County Court papers MBNA /ME III ltd

Earlier this week I received a letter from the court (dated 16th January 2017

"I acknowledge receipt of your defence. A copy is being served on the claimant 9or the claimants solicitor) The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

Today I received a statement of account from DLC (another debt company, no doubt part of the same group) regarding the credit card account, covering the period 22/07/16 to 21/01/17

Statement of account
account name Emma S credit limit £0
Account number xxxxxxx account type Running Account Credit
Creditor reference xxxxxxxx(looks like credit card number) Opening balance £5946.09
Creditor name MBNA rate of interest applied 0%

Original Date of agreement 22/09/2005


This is a statement of your account covering the period between 22/07/2016 and 21/01/2017

Transaction details

date Description debit balance outstanding

opening balance 5946.09

20/12/2016 External solicitors costs 410.00 6356.09
20/12/2016 External solicitors Fee 100.00 6456.09


If you do not pay off the full amount, we will allocate your payment to the outstanding balance in a specific order, which is set out below. The way in which payments are allocated can make a significant difference to the amount of interest you will pay until the balance is cleared completely.

INFORMATION

Allocation of payments
any payments you make will be applied in full against your outstanding balance that we hold on our system

Interest
During the statement period, currently no interest is applicable or has been applied on the balance outstanding.

Making a payment
Please not that this is not a demand for immediate payment and the closing balance does not represent a settlement quotation. Please direct all payments to us using the contact information provided.

Dispute resolution
If you have a problem with your agreement, please try to resolve it with us in the first instance. If you are not happy with the way in which we have handled your complaint or the result, you may be able to complain to the Financial Ombudsman Service. If you do not take up your problem with us first you will not be entitled to complain to the Ombudsman. We can provide details of how to contact the Ombudsman.

Contacting dlc
If you would like to discuss this statement or your account please contact us as soon as possible on 0344 335 8409. and the address



I assume they are trying to pretend that this is an agreement. However I have not had any reply from MBNA for the SARS request (I know thats a seperate matter) but nothing I requested from ME III LTD or from solicitors regarding the ORIGINAL agreement with MBNA or the termination document, default notice, etc. Very weird that after taking me to court they just send me a so called agreement and statement asking for the money that I hadnt paid them in the first place.

DLC were the people who threatened to take me to court in the first place, so I was surprised to see ME III ltd listed. though assume they are all part and parcel of the same shennaneghans.

What is the recommended next step? Ignore it? Write back and refute it/say is statute barred and Im still waiting for the info I requested?

[EmmaS]

Re: County Court papers MBNA /ME III ltd

I now have received the SARS from MBNA
I have my credit card agreement

there is a tiny printout of a work screen (headed TACS superstation Non call maintanance) which gives dates of opening date 22/09/2005 and expiration date of 11/2009 , with last payment of £120 made 07/03/2008 - it says status lost / stolen. total outstanding balance -£0.00 Total credit limit - £5300.00 Total unposted trans £0.00 Total credit available £5300
under the last payment section is a section called Statement which states last closing date 25/04/2009 and current closing date 25/01/2017 (the date they produced the screenshot)

there is another tiny printout screen again TACS
first column - open date 22/09/2005, expiration date 11/2010
status - blocked
total outstanding balance 0.00, total credit limit 0.00, total unposted trans 0.00, total credit available 0.00
payments - last payment date 13/03/2008
last closing date 25/04/2009

another tiny screen identical to the one above but status is Charged Off

There is a page of personal info

there are some computer logs - notifications of house moves, a lost card, no conversations in this lot after april 2008

there is another log showing sale to direct legal on 20 april 2009, and then the info about me requesting the SAR

there seems to be a log of transactions, account reviews, lots of ver; nothing was verified, a 'create case' in oct 2008, letter sent 15 oct 2008, again a ref to 'sold to direct legal 18apr 2009 also in may 2009 says repeat:nod snt 07 04 09 arrears 1162.22 exp 24 04 09 all dates between 03/06 2008 andthis one in may 2009

all 3 of these have a reference, after the account was sold, dated 16 March 2011 Min Pay sched 13 & PA sched 2 update Q1 2011 - I have no reference to anything about this in my communication log or call log, and the account wasnt with them by that point???




I have a transaction log which shows all payments made and purchases, etc. last payment looks like August 2008 - followed by lots of charges! there is a charge off adjustment 31 march 2009 and 20 april shows a monetary credit adjustment which says zero curbl on sold account

I have a letter telling me I am in breach of terms and conditions, dated )ct 11 2008, asking me to cut up and return my card as they had placed a restriction on it, which may not have to be permanent, and warning of further action

I have a letter dated 15 October thanking me for my letter explaining difficulties and asking me to get in touch to discuss a reduced payment programme

There is a list of phone calls, none of which date after 31/03/2009. looks like early Jan 2009 I spoke to them about the benefits I was on and my kid being in hospital and all my clients going

then one more list of comms logs, this one seems to be more general coms as includes them referring to my letter, and refernces to sending out replacement cards, - seems to have actions, logging calls and letters from 2005 to 31/03/2009, when it is charged off. THERE IS A LOG OF 01/01/2012 - SPECIAL FRAUD VAR 00023DELETED: From 12/02/2009 TO 31/12/2011

I am a bit confused by all this

I still have had nothing back from the actual company which was taking me to court, apart from the letter printed in the previous post. I know the court suggested dealing informally, but I am unsure which way to go because although I have the SAR, THEY havent sent me anything

[EmmaS]

Re: County Court papers MBNA /ME III ltd

I dont know how to tag anyone for help??