MBNA taking me to County Court - Urgent help needed

[GoldenEagle]

I had an MBNA CC, lost my job and within months could not pay them anything. I spoke to CCCS and they suggested I offer and regardless of MBNA's response pay them £1 per month. I made a CCA request that MBNA ignored and after a reminder I placed Account in Dispute. I had a letter of intention of sending me default notice which never came. Letter invited me to phone them to seek help but on the phone they insisted on either payment of arrears or full settlement. I could do neither. Then started harassing calls. Anyway, earlier this year Varde's solicitors sent me court notice which I defended and then months later case was transferred to County Court. At the preliminary hearing they produced my Applications Form (insisting this was CCA), Default notice and letter of assignment. They claimed that as I had been making regular payments I must acknowledge the debt. They claimed they had sent these documents to me twice but none were received. Judge checked my address and took their word, ordered me to produce particularised defence. This I did questioning CCA, Varde's license to operate and MBNA selling the debt when the debt was in dispute. Now the case has been referred to FastTrack (attached letter). To kick off, I need to produce Disclosure Documents and Disclosure statement. And I don't have a clue.

[teaboy2]

Re: MBNA taking me to County Court - Urgent help needed

Have you sent a CPR31.14 request to varde as that is the request for disclosure of documents they are basing their claim on?

Also in your defence you need to strict them to proof that the application is a true signed copy of the original and not a reconsituted or what the original will have looked like. Also strict them to proof of postage of the DN and prove of service of the DN (service is when its received by you). Simply producing a copy in court with your address and details on does not prove it was sent to you or even received by you.

[SpringerSpaniel]

Re: MBNA taking me to County Court - Urgent help needed

Unfortunately a reconsituted agreement is now acceptable for the purposes of CCA s78.

You could counterclaim for the harrasment, you need to create a reply, 'Defenece and Counterclaim'. There is usually a fee for the counterclaim but if you are on benefits or a low income, you cna complete form EX160 to obtain exemption form or reduction of this.

[charitynjw]

Re: MBNA taking me to County Court - Urgent help needed

For clarity (or 'have I got it wrong.....again', lol)

GoldenEagle mentions the 'application' form.*

If, however, it contains the prescribed terms, statements concerning right of cancellation, signature, etc., my understanding is that, in law, it is regarded as an 'offer', which the creditor can accept or reject.

If accepted, the creditor sends confirmation in the prescribed manner. (Usually with the CC.)

There then exists a regulated agreement, which imposes liability (ie duty to keep card safe, etc.), & when used, a liability to contractual payments.

*My point being that the 'application form' could be more than just an enquiry as to the possibility of obtaining credit.

[teaboy2]

Re: MBNA taking me to County Court - Urgent help needed

Unfortunately a reconsituted agreement is now acceptable for the purposes of CCA s78.

You could counterclaim for the harrasment, you need to create a reply, 'Defenece and Counterclaim'. There is usually a fee for the counterclaim but if you are on benefits or a low income, you cna complete form EX160 to obtain exemption form or reduction of this.

But section 78 only applies to CCA requests, are they no longer required to produce a True Copy of the original in court?

[Angry Cat]

Re: MBNA taking me to County Court - Urgent help needed

Unfortunately a reconsituted agreement is now acceptable for the purposes of CCA s78.

Not quite correct, especially if the original terms were varied!

Impossible to make a blue peter without the original terms upon which the agreement was founded.

[basa48]

Re: MBNA taking me to County Court - Urgent help needed

Not quite correct, especially if the original terms were varied!

Impossible to make a blue peter without the original terms upon which the agreement was founded.

Agreed and also as HJ Waksman went to great lengths to point out, S78 is for information only not the 'proof purpose' of a valid credit agreement (S61).
------------------------------- merged -------------------------------

........................, are they no longer required to produce a True Copy of the original in court?

Only if asked by the debtor to prove there was a valid agreement signed by him/her. Most creditor biased judges would accept a recon unless the defendant hammers home the legal requirements of S61.

[basa48]

Re: MBNA taking me to County Court - Urgent help needed

I had an MBNA CC, lost my job and within months could not pay them anything. I spoke to CCCS and they suggested I offer and regardless of MBNA's response pay them £1 per month. I made a CCA request that MBNA ignored and after a reminder I placed Account in Dispute. I had a letter of intention of sending me default notice which never came. Letter invited me to phone them to seek help but on the phone they insisted on either payment of arrears or full settlement. I could do neither. Then started harassing calls. Anyway, earlier this year Varde's solicitors sent me court notice which I defended and then months later case was transferred to County Court. At the preliminary hearing they produced my Applications Form (insisting this was CCA), Default notice and letter of assignment. They claimed that as I had been making regular payments I must acknowledge the debt. They claimed they had sent these documents to me twice but none were received. Judge checked my address and took their word, ordered me to produce particularised defence. This I did questioning CCA, Varde's license to operate and MBNA selling the debt when the debt was in dispute. Now the case has been referred to FastTrack (attached letter). To kick off, I need to produce Disclosure Documents and Disclosure statement. And I don't have a clue.

Disclosure is just advising the claimants what documents you intend to rely on in court. These will include all yours and their letters and all 'agreements', DNs, NoA's etc. Include everything rather than leave some vital item undisclosed.

The statement will be all the Acts, Regs and case law etc. you will be citing. DO NOT explain chapter and verse, this gives your whole defence away too soon.

You need to be poring over this forum, CAG, all the Acts Regs and relevant case law to build up your defence.

Make it simple but to the point and above all accurate and relevant. Be bloody sure you are right and know what you are talking about.

[GoldenEagle]

Re: MBNA taking me to County Court - Urgent help needed

Thanks Teaboy. I did send CPR 31.14 to Varde's solicitors asking for agreement, default notice, Notice of assignment, termination and statement of accounts. I received nothing but they claimed to have posted twice. At the priliminary hearing their solicitor produced all these and gave me copies of all except teremination notice and statement - she was coy about letting me see the statements. I spoke to financial ombudsman who suggested I make a Formal Complaint to MBNA re them selling account on when it was in dispute and not notifying me or sending me assignment or termination letter (these look very fishiy in the sense that only MBNA rep has put his/her name). They never produced the termination notice. I told the judge that I received nothing, the judge confirmed the address with me and asked Varde's slicitor to give me the copies and copies were really bad. Since then they have sent me decent copies of terms and conditions. In addition to making formal complaint to MBNA, I was thinking of sending SAR but not sure who it should go to.

Also, what is 'Defenece and Counterclaim' and how do I get one? I am not on benefits - Thank God.

[TANZARELLI]

Re: MBNA taking me to County Court - Urgent help needed

What timescale have you got on this?

Have a read at this might explain a few things for you.

http://www.sfla.co.uk/litigation/claim-counterclaim.htm

[charitynjw]

Re: MBNA taking me to County Court - Urgent help needed

Edit

Apologies - intended post may have hijacked thread

[GoldenEagle]

Re: MBNA taking me to County Court - Urgent help needed

Just till the end of this week for submitting disclosure stuff. So, I am desperately looking for guidance, inspiration and hopefully divine interruption. I am sick of these guys - they are criminals really with judicial blessings.

[teaboy2]

Re: MBNA taking me to County Court - Urgent help needed

Only if asked by the debtor to prove there was a valid agreement signed by him/her. Most creditor biased judges would accept a recon unless the defendant hammers home the legal requirements of S61.

Yep just as i thought, section 61 still applies.

Thanks Teaboy. I did send CPR 31.14 to Varde's solicitors asking for agreement, default notice, Notice of assignment, termination and statement of accounts. I received nothing but they claimed to have posted twice. At the priliminary hearing their solicitor produced all these and gave me copies of all except teremination notice and statement - she was coy about letting me see the statements. I spoke to financial ombudsman who suggested I make a Formal Complaint to MBNA re them selling account on when it was in dispute and not notifying me or sending me assignment or termination letter (these look very fishiy in the sense that only MBNA rep has put his/her name). They never produced the termination notice. I told the judge that I received nothing, the judge confirmed the address with me and asked Varde's slicitor to give me the copies and copies were really bad. Since then they have sent me decent copies of terms and conditions. In addition to making formal complaint to MBNA, I was thinking of sending SAR but not sure who it should go to.

Also, what is 'Defenece and Counterclaim' and how do I get one? I am not on benefits - Thank God.

Your defence form should be included in the particulars of claim pack (N9B - Download and fill it in - includes counterclaim). Heres a link for issue a counter claim - PART 20 - COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS - Ministry of Justice

And one for Defence - PART 16 - STATEMENTS OF CASE - Ministry of Justice

Just till the end of this week for submitting disclosure stuff. So, I am desperately looking for guidance, inspiration and hopefully divine interruption. I am sick of these guys - they are criminals really with judicial blessings.

Have you received a request for diclosure of documents from the claiment?

If you need help with your defense just ask us boys and girls here.

[GoldenEagle]

Re: MBNA taking me to County Court - Urgent help needed

Thanks teaboy2. I am not sure what defence to put in - this is where I need help. I don't even have money for the coffin and these guys are taking me to court. I am making a formal complaint to MBNA about how they have conducted this. I am also doing an SAR. Then there is license for Varde to operate. And, CCA. - I shall hunt these and post them here. They say that because I have been paying £1month regularly, I must acknowledge the debt. A/c in dispute because they never responded to my CCA request. I really don't know where I stand. Yes Experto Credite made my life misery with they intimidating and threatening calls, calls to mobile and SMS with limited time offers. But what do I say, what value do I put on the form.!!! I haven't received any request from claimant for disclosure.

[teaboy2]

Re: MBNA taking me to County Court - Urgent help needed

Have they sent you disclosed documents?

Also call the court and tell them you intend to defend but require a time extension. Though i believe if you hand the acknowledgement of service within the initial 14 day period, you should get another additional 14 days in which you can fil your defense.