MBNA - AK summons

[toomanycalls]

Hi All,

Not been on for a while and things have been relatively quit but recently recieved a summons from AK re an old MBNA card.

Brief outline :

MBNA card £2.5k balance, DN in Jun 2010, sold to Varde while in notice period.
S78 request to varde, never recieved a reconstituted agreement only an application and separate T&C which look incomplete ( never wrote and put in dispute just ignored)
Sold to AK.
AK have issued summons.

I need to do a defence, there are obviously a number of flaws to there plan but I wouldn't mind a little advice to get everything straight in my head.

Sold within DN period - probably makes the DN invalid?
No NOA from MBNA to Varde only from Varde so doesn't comply with LOP Act.
Varde have not complied fully with s78
No NOA from Varde to AK only from AK so doesn't comply with LOP act
AK therefore have no legal write to enforce?

All comments welcome.

[basa48]

Re: MBNA - AK summons

When was this card first acquired?

Apart from the debt being sold during the DN notice period, was the DN valid in itself? (Many MBNA DNs asked for the whole sum not just the arrears).

If AK now own the debt they need to provide a copy of the agreement.

Is the copy agreement you got from Varde a 'mash up' like mine (a copy application with faded illegible T&Cs photocopied onto the reverse)?

Eventually we will need to know what the summons says in detail so you can ask for all the documents they will want use in their claim. The first course of action will be to acknowledge the claim and ask for an extension of time. Then I suspect the legal heavies here will recommend you put in a CPR request for the docs.

[toomanycalls]

Re: MBNA - AK summons

When was this card first acquired?

Apart from the debt being sold during the DN notice period, was the DN valid in itself? (Many MBNA DNs asked for the whole sum not just the arrears).

If AK now own the debt they need to provide a copy of the agreement.

Is the copy agreement you got from Varde a 'mash up' like mine (a copy application with faded illegible T&Cs photocopied onto the reverse)?

Eventually we will need to know what the summons says in detail so you can ask for all the documents they will want use in their claim. The first course of action will be to acknowledge the claim and ask for an extension of time. Then I suspect the legal heavies here will recommend you put in a CPR request for the docs.

I've already done AOS, CPR 31.14 requesting cca agreement, dn, noa and termination notice , I've had a reply saying they are applying to the OC for docs so they gave me an extension to file, filing date it early Feb.

Yesterday I also put in a s78 to AK directly and wrote to IND (acting solicitors) reminding them that they are also over time to provide the docs and if they are not received by next week I'll apply for an unless order.

The copy previously received from Varde is an application form with terms 1-3 (illigible) on the front, not much on the back and terms 4 - on a seperate sheet, I'll post it up soon.

[PlanB]

Re: MBNA - AK summons

I've had a reply saying they are applying to the OC for docs so they gave me an extension to file, filing date it early Feb.

If the claimant has given you extra time to file your defence you still need to make the court aware of this too. Send a copy of anything in writing that you have from the claimant (was it AK or IND solicitors who consented to the extension?) to the court. Some solicitors will apply for a default judgement after the original 28 days expires behind your back despite any agreement to the contrary

[toomanycalls]

Re: MBNA - AK summons

If the claimant has given you extra time to file your defence you still need to make the court aware of this too. Send a copy of anything in writing that you have from the claimant (was it AK or IND solicitors who consented to the extension?) to the court. Some solicitors will apply for a default judgement after the original 28 days expires behind your back despite any agreement to the contrary

Hi, It was IND that consented to the extension and yes I have notified the court.

Anybody got any thoughts on the validity of a DN when the account was sold before the notice period?

[FlamingParrot]

Re: MBNA - AK summons

Hi, It was IND that consented to the extension and yes I have notified the court.

Anybody got any thoughts on the validity of a DN when the account was sold before the notice period?

It may be an idea if you posted up the DN :typing: so we can take a look at it, as many MBNA DNs have been known to be defective. Just make sure you remove all your personal details before posting it.

[toomanycalls]

Re: MBNA - AK summons

Hers is the Claim Form And DN

[toomanycalls]

Re: MBNA - AK summons

And here is the exert from my SAR showing the sale to Varde

[toomanycalls]

Re: MBNA - AK summons

CCA front and rear

[toomanycalls]

Re: MBNA - AK summons

Last Friday I wrote to the acting solicitors advising that there seven days for my cpr 31.14 request were past and that the 14 days they granted me extra so that they could find the docs (sic) were also almost up and that if the docs were not be provided by this Friday I would apply for an unless order. (Slightly generous of me with time allowances!)

I received this reply this morning. Any opinions please?

[mystery1]

Re: MBNA - AK summons

What was the date of claim ?

When did they receive your 31.14 request ?

Have you been granted an extension ? Until when ?

You haven't received anything ?

M1

[toomanycalls]

Re: MBNA - AK summons

Hi M1, Thanks for looking in.

Claim was dated 18th Dec, Original 31.14 request dated and sent 23.12.13, signed for 2.1.14, they replied then with a 14 day extension saying they had applied for docs from OC. Extension until 4th Feb, yes I have told the court.

I sent a follow up last week advising them they have until this week to provide the docs or I'll apply for the unless order and the above jpeg was the important exert from there reply received today.

[mystery1]

Re: MBNA - AK summons

I would remind them that cpr 31.15 only gives them 7 days to comply.


Inspection and copying of documents
31.15 Where a party has a right to inspect a document–
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.
(Rule 31.3 and 31.14 deal with the right of a party to inspect a document)


It is to be noted that there is no extension to time for this however the rule provides no specific sanction for failure either.




Cpr 1.3 states

Duty of the parties
1.3
The parties are required to help the court to further the overriding objective.


The overriding objective can be found at cpr 1.1

PART 1 - OVERRIDING OBJECTIVE


Share thisShare on emailShare on facebookShare on twitterShare on printMore Sharing Services
Contents of this Part
Title Number
The overriding objective Rule 1.1
Application by the court of the overriding objective Rule 1.2
Duty of the parties Rule 1.3
Court’s duty to manage cases Rule 1.4
The overriding objective
1.1
(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.
(2) Dealing with a case justly and at proportionate cost includes, so far as is practicable –
(a) ensuring that the parties are on an equal footing;
(b) saving expense;
(c) dealing with the case in ways which are proportionate –
(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;
(d) ensuring that it is dealt with expeditiously and fairly;
(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases; and
(f) enforcing compliance with rules, practice directions and orders.


The rules for filing a defence can be found at cpr 15

Cpr 15.4 deals with the normal timescales for you to file a defence.


The period for filing a defence
15.4
(1) The general rule is that the period for filing a defence is –
(a) 14 days after service of the particulars of claim; or
(b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.


So as you can see the court expects you to have at least 14 days to consider, draft and file a defence. If you do not get the documents by 21st January then you should file an unless order. I would wait until to be seen to be reasonable. I would also keep phoning them every 2 days to see what is happening and send an email to confirm the details of the calls to use as evidence of your reasonableness and their failures to the judge.

Further to this i would ask them, being a cheeky sod myself, that since you have agreed to wait a few days more, in line with the above, that they discontinue the claim if they still have not got the documents by the time you need to make the order. If they agree to the full 28 extension available you'll happily give them to the 4th Feb on these terms.

M1

[MIKE770]

Re: MBNA - AK summons

if they fail then you would request sanctions against them thru the court no doubt, sure this can be verfied by others? Know I did for areas within case.

[toomanycalls]

Re: MBNA - AK summons

M1, Thanks for chipping in, I knew there was something in the CPR's that I could use, I just wasn't sure what.

So as you can see the court expects you to have at least 14 days to consider, draft and file a defence. If you do not get the documents by 21st January then you should file an unless order. I would wait until to be seen to be reasonable. I would also keep phoning them every 2 days to see what is happening and send an email to confirm the details of the calls to use as evidence of your reasonableness and their failures to the judge.

Exactly what I was thinking.

Further to this i would ask them, being a cheeky sod myself, that since you have agreed to wait a few days more, in line with the above, that they discontinue the claim if they still have not got the documents by the time you need to make the order. If they agree to the full 28 extension available you'll happily give them to the 4th Feb on these terms.

I'm not quite so cheeky :tinysmile_twink_t2: but I think the unless order will put them under pressure...which would be nice.

Mike770

if they fail then you would request sanctions against them thru the court no doubt, sure this can be verfied by others? Know I did for areas within case.

Yes I think the unless order should be along the lines of produce the docs or claim to be struck out as no right to bring it.