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.
MBNA taking me to County Court - Urgent help needed
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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.
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