MBNA - Aktiv Kapital x 2

[FlamingParrot]

Re: MBNA - Aktiv Kapital x 2

Mike and ODC, many thanks for your replies above, had a bit of a family emergency and this is the first chance I have had to log back in.

I referred J&P back to the previous CCA request as you suggested and also enclosed a copy of previous correspondance with regards to this. Due to family problem I didnt manage to send the letter until the 27th May unfortunately. This was sent recorded delivery so would have been received on the 28th May . Today I have received a Court notice dated the 28th May with 14 days to respond with an additional £265 added for Court and Solicitors fees and £600 in interest. They have sent a response pack, but I am unsure where we go now with this now. Any help as usual much appreciated please.

I would suggest starting a new thread in the court claims area: http://www.legalbeagles.info/forums/...-a-Court-Claim and scan or type up the particulars of claim to make it easier to deal with this issue. I nearly missed the fact you had received a claim!

You need to start by acknowledging service and saying you will defend the whole claim. Full details on this thread: http://www.legalbeagles.info/forums/...it-Court-Claim

Just to add, I have checked the Royal Mail tracking and J&P signed and received my CCA Request letter at 08.24am on the 28th May and filed for this court order on the same day.

you must register thru MICOL on line and that you wish to defend, that gives you a further 28 days. pity about the delay in sending reminder about the CCA request, anyway you can CPR31.14 . include the CCA1974 agreement, also for all documents referred to within the contents of the N1 court form BUT only the listed documents listed.

As you have already sent the CCA request you can omit that step and just send the CPR 31.14 request to the solicitors acting for the claimant as stated on the claim form. They have to respond to that one in 7 days, after which you'll need to chase it, however, there's no need to chase the CCA request, if they don't comply with it, that fact can also be used in your defence. :thumb:

all I can advise at this stage, No CCA1974 then then they have to slow down and produce one if the CCA1974 is pre-2007.

The requirement to respond to a CCA request does not refer just to pre-2007 agreements, s.77/78 are still pretty much alive and well. :grin:

If the cards were taken out before April 2007, then the court cannot enforce unless there was a properly executed agreement with all the prescribed terms to start with, that's where the repealed s.127 kicks in. :thumb:

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Thankyou again Mike and Flaming Parrot.

The agreement was 2006. I will need to read what you have told me properly , Im not actually sure what a CPR31.14 is, do I send that directly to the solicitors or the court ? Im not sure what I need to write in the defence section to the courts either. I will start a new thread as suggested which will probably be tomorrow now.

You will need to bear with me if I ask stupid questions , so apologies in advance. The day I received the LBA one of my parents was taken into hospital with a terminal diagnosis, I am rushing back there now. I am concerned as to how much time I will have to deal with this properly as it has come at the worst possible time. I will try and read tonight and make it back here tomorrow. Thankyou both so much, your help is much appreciated.

[FlamingParrot]

Re: MBNA - Aktiv Kapital x 2

Thankyou again Mike and Flaming Parrot.

The agreement was 2006. I will need to read what you have told me properly , Im not actually sure what a CPR31.14 is, do I send that directly to the solicitors or the court ?

It is a letter requesting documents mentioned in the particulars of claim, you can find one here: http://www.legalbeagles.info/forums/...382#post410382

That has to go to the solicitors, not the court. The second box down on the left of your claim form should have their details and the address for correspondence. There is no fee but it's always a good idea to send it recorded.

Im not sure what I need to write in the defence section to the courts either. I will start a new thread as suggested which will probably be tomorrow now.

You will write your defence later on, once you have their response (or not as the case may be). What you will be doing next is acknowledging service and saying you intend to defend the whole claim. That should give you a further 14 days to file your defence, a total of 33 days from date printed on claim (5 days are allowed for service). You will find instructions here: http://www.legalbeagles.info/forums/...313#post499313

You will need to bear with me if I ask stupid questions , so apologies in advance.

No need to apologise, that's what we're here for.

The day I received the LBA one of my parents was taken into hospital with a terminal diagnosis, I am rushing back there now. I am concerned as to how much time I will have to deal with this properly as it has come at the worst possible time. I will try and read tonight and make it back here tomorrow. Thankyou both so much, your help is much appreciated.

Sorry to hear that. You won't have to spend a lot of time dealing with the claim, once you acknowledge and send the CPR request you'll have a month to file your defence. We'll have to review the details of the account but we have time to do that.